AN ACT relating to the Department of Kentucky State Police.

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AN ACT relating to the Department of Kentucky State Police. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 16.060 is amended to read as follows: 3
(1) It shall be the duty of the commissioner, each officer of the department, and each 4
individual employed as a Trooper R Class or CVE R Class to: 5
(a) Detect and prevent crime;[,] 6
(b) Apprehend criminals;[,] 7
(c) Maintain law and order throughout the state;[,] 8
(d) [to ] Collect, classify , and maintain information useful for the detection of 9
crime and the identification, apprehension, and conviction of criminals; and 10
(e) [ to ] Enforce the criminal, [as well as the ] motor vehicle, and traffic laws of 11
the Commonwealth. 12
(2) [To this end ]The commissioner, each officer of the department, and each individual 13
employed as a Trooper R Class or CVE R Class is individually vested with the 14
powers of a peace officer and shall: 15
(a) Have in all parts of the state the same powers with respect to criminal m atters 16
and enforcement of [the ]laws [relating thereto ]as sheriffs, constables granted 17
peace officer powers , and police officers in their respective jurisdictions ;[,] 18
and[ shall ] 19
(b) Possess all the immunities and matters of defense now available or here after 20
made available to sheriffs, constables granted peace officer powers, and police 21
officers in any suit brought against them in consequence of acts done in the 22
course of their employment. 23
(3) Any warrant of arrest may be executed by the commissioner, an y officer of the 24
department, and each individual employed as a Trooper R Class or CVE R Class. 25
(4) The commissioner shall allow officers of the department or individuals employed 26
as a Trooper R Class or CVE R Class to engage in law enforcement -related off-27
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duty police employment and secondary employment that: 1
(a) Has been reviewed and approved by the commissioner or his or her 2
designee; 3
(b) Does not: 4
1. Create a conflict with the officer or individual's duties as an employee 5
of the department; 6
2. Reflect unfavorably upon the department or the officer or individual; 7
or 8
3. Impair the officer's or individual's performance of departmental 9
duties; 10
(c) May include contracts involving: 11
1. Public entities; 12
2. Projects for which a contractor is providing services to a public entity, 13
including but not limited to the Transportation Cabinet; 14
3. Nonpublic entities that receive state funding; and 15
4. Ticketed events where public safety is a concern; and 16
(d) Shall not include contracts involving: 17
1. Retail establishments; 18
2. Weddings or private parties; or 19
3. Establishments or businesses that sell alcoholic beverages for on -site 20
consumption as a regular and primary part of the business enterprise. 21
(5) The commissioner shall establish policies and procedures consistent with 22
subsection (4) of this section related to off -duty police employment and secondary 23
employment for officers of the department or individuals employed as a Trooper 24
R Class or CVE R Class. 25
Section 2. KRS 16.070 is amended to read as follows: 26
(1) (a) The commissioner is the head and chief executive officer of the department. 27
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He or she shall provide for himself or herself, each officer of the department, 1
and each individual employed as a Trooper R Cl ass or CVE R Class, under 2
the provisions of KRS 45A.045 to 45A.650, such uniforms, equipment, and 3
facilities, including motor vehicles, necessary to the performance of their 4
respective duties, but all uniforms, equipment, and facilities, including motor 5
vehicles, shall remain the property of the Commonwealth. 6
(b) The commissioner may sell through the Finance and Administration Cabinet, 7
under the provisions of KRS 45A.045 to 45A.650, such uniforms, equipment, 8
and facilities, including motor vehicles, as become unfit for use, and all 9
moneys received[ therefrom] shall be paid into the State Treasury and credited 10
to a revolving fund to be used by the department. 11
(2) The commissioner shall keep an inventory and shall charge against each officer and 12
each individual employed as a Trooper R Class or CVE R Class the value of all 13
property of the department issued to him or her, and if it is determined by the 14
commissioner that any loss or destruction of property was due to the carelessness or 15
neglect of an officer or an individual employed as a Trooper R Class, then the value 16
of the property shall be deducted from the pay of the officer or the individual 17
employed as a Trooper R Class or CVE R Class. 18
(3) (a) By agreement with the commissioner of highways of the Commonwealth, the 19
commissioner of the Department of Kentucky State Po lice may provide for 20
the leasing of motor vehicles and accessories thereto, radio facilities and 21
equipment, office equipment, and other property or facilities, upon [such 22
]terms and conditions and for [such ] compensation as provided in the 23
agreement[said agreement may provide]. 24
(b) The commissioner of highways and the commissioner of the Department of 25
Kentucky State Police may further provide, by agreement, for the service and 26
repair at any state garage of motor vehicles or accessories thereto which are 27
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owned, operated, or rented by the department, upon [such ] terms and 1
conditions and for [such ] compensation as provided in the agreement [said 2
agreement may provide]. 3
(c) Subject to KRS Chapter 42, the department is authorized, by lease or 4
purchase, to acquire, maintain, and operate motor vehicles, and the officers of 5
the[said] department, including the commissioner and individuals employed 6
as a Trooper R Class or CVE R Class, are authorized and empowered to 7
operate these[such] motor vehicles in the course of th eir duties, and in 8
carrying out the purposes, responsibilities, and functions provided for in KRS 9
16.010 to 16.170 in both an on-duty or off-duty capacity. 10
(4) The commissioner shall establish local headquarters so as to best distribute the 11
officers, indiv iduals employed as a Trooper R Class or CVE R Class, and 12
employees of the department throughout the various sections of the Commonwealth 13
where they will be most efficient in carrying out the provisions of KRS 16.010 to 14
16.199. 15
(5) The commissioner shall es tablish policies and procedures related to the approval 16
and use of uniforms, equipment, and facilities, including motor vehicles, 17
necessary in the performance of an officer's or individual's off -duty police 18
employment or secondary employment. 19
Section 3. KRS 44.045 is amended to read as follows: 20
(1) A passenger motor vehicle or vehicles may be purchased by the Finance and 21
Administration Cabinet for the use of the Governor and the Lieutenant Governor. 22
(2) Motor vehicles, in cluding passenger motor vehicles, may be purchased by the 23
Finance and Administration Cabinet as are deemed necessary by the secretary of the 24
Finance and Administration Cabinet or by the secretary of the Transportation 25
Cabinet for the discharge of the autho rized duties and functions of the various 26
agencies of the state. The vehicles shall be used for official purposes only and for 27
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no other purposes. The assignment of passenger motor vehicles to specific 1
individuals shall be discouraged but may be made upon approval by the secretary of 2
the Finance and Administration Cabinet of a written request to make the assignment 3
by the head of the agency involved. 4
(3) (a) All motor vehicles purchased pursuant to this section shall be issued official 5
license plates and shall bear on one (1) door on each side the great seal of the 6
Commonwealth, and the words "For official use only." 7
(b) It shall not be necessary that the vehicles purchased pursuant to subsections 8
(1), (4), and (5) of this section bear the seal and the words. 9
(4) (a) The Department of Revenue, Justice and Public Safety Cabinet, and the 10
Department of Law may, upon approval by the secretary of the Finance and 11
Administration Cabinet of a written request by the head of the agency 12
involved, register a vehicle or v ehicles under KRS 186.020 and be issued 13
regular license plates. 14
(b) Except as provided in Sections 1 and 2 of this Act involving off -duty police 15
employment by officers or individuals employed as Trooper R Class or CVE 16
R Class, the vehicles shall be used fo r investigatory purposes only and for no 17
other purposes. 18
(5) The Administrative Office of the Courts may register a vehicle or vehicles used by 19
Justices and Judges of the Supreme Court and Court of Appeals under KRS 186.020 20
and be issued regular license plates. 21
(6) The secretary of the Finance and Administration Cabinet may promulgate[adopt] 22
administrative regulations in accordance with [pursuant to] KRS Chapter 13A 23
necessary to govern the use of those state -owned vehicles acquired pursuant to the 24
provisions of this section. 25
(7) Any person violating subsections (2) and (4) of this section shall, on conviction [ 26
thereof], be subject to the penalties prescribed in KRS 44.990. 27