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HB 1 (BR 284) - J. Richards, P. Bather, B. Buckingham, D. Pasley, T. Thompson, B. Yonts
AN ACT relating to executive branch state employees.
Amend KRS 11A.010 in the executive branch ethics code to add to the definition of "family" a public servant's aunt, uncle, nephew, and niece; amend KRS 11A.040 to increase from six months to eighteen months the length of time a former officer or public servant is required to wait after termination of his employment before he is allowed to do business with the agency by which he was employed; increase from six months to eighteen months the length of time a present or former public servant is required to wait before accepting employment or other economic benefit from a business that does business with, or is regulated by, the state in matters in which he was directly involved during the last thirty-six months of his tenure; increase from six months to eighteen months the length of time an individual returning to the same business or profession he was involved in prior to his state tenure is prohibited from working on any matter in which he was directly involved during the last thirty-six months of his state tenure; create a new section of KRS Chapter 11A to prohibit a member of the family of the Governor, Lieutenant Governor, secretary of the Governor's cabinet, or a cabinet secretary from being employed or appointed to an executive branch position; prohibit the Governor, Lieutenant Governor, secretary of the Governor's cabinet, or a cabinet secretary from advocating or causing the employment, appointment, promotion, transfer, or advancement of a family member to a position in the executive branch, and from participating in any disciplinary action of a family member; create a new section of KRS Chapter 18A to prohibit retirees receiving a retirement allowance from the Kentucky Employees Retirement System from being eligible for state employment or reinstatement for two years after the date of retirement except in an interim position that does not exceed four months in a calendar year; amend KRS 18A.032 to prohibit certain executive branch unclassified employees who did not previously have merit system status in a classified position from being eligible for certification on a register for a classified position for one year from the date of termination or resignation from the unclassified position; amend KRS 18A.115 to limit the total number of principal assistant positions in the executive branch to fifty.
HB 1 - AMENDMENTS
HCS - Retain the original provisions except ban a former public servant from acting as a lobbyist or lobbyist's principal in any matter for two years; clarify that the two-year wait before a retiree could be reemployed by the state applies to those former employees whose date of retirement under the Kentucky employees Retirement System occurs on or after the effective date of this Act; add a noncodified section to clarify that the increased postemployment restrictions apply only to those officers or public servants whose date of leaving state service occurs on or after the effective date of this Act.
HFA (1, S. Nunn) - Add the Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, and Auditor of Public Accounts to the constitutional officers prohibited from employing or appointing family members to an executive branch position; add Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, and Auditor of Public Accounts to the constitutional officers prohibited from advocating or causing the employment, appointment, promotion, transfer, or advancement of a family member to a position in the executive branch, and from participating in any disciplinary action of a family member.
HFA (2, T. Feeley) - Direct that certain executive branch employees who do not have previous merit status in a classified position shall not be eligible for certification on a register for a classified position during the last 12 months of the term of office of the sitting Governor; allow the Executive Branch Ethics Commission to grant an exception on the showing of good cause by the agency and upon the applicant's petition to the commission; require the commission's consideration of the issue to occur in an open meeting to which the public is invited; amend KRS 11A.110, relating to duties of the Executive Branch Ethics Commission, to conform.
HFA (3, J. Richards) - Apply the nepotism provisions to all statewide elected officers; exempt from the prohibition against employment or appointment of a family member any family members employed in the executive branch prior to the effective date of this Act; delete Section 5 amending KRS 18A.032; amend KRS 18A.111 to require an initial probationary period of 12 months for certain unclassified employees appointed to a classified position unless that employee had previous status in the classified service or had been separated from his or her previous unclassified position for at least 180 days prior to the effective date of appointment to the classified service; clarify that the limitation of 50 principal assistants does not apply to those appointed by the Secretary of State, Attorney General, Treasurer, Commissioner of Agriculture, and the Auditor of Public Accounts.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House; to State Government (H)
Jan 8-posted in committee
Jan 13-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 14-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute ; posted for passage in the Regular Orders of the Day for January 15, 2004
Jan 15-floor amendment (2) filed to Committee Substitute
Jan 16-floor amendment (3) filed to Committee Substitute
Jan 22-3rd reading, passed 95-1 with Committee Substitute, floor amendment (3)
Jan 23-received in Senate
Jan 28-to State and Local Government (S)
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