01RS SB1

SB1

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SB 1 (BR 95) - D. Williams

     AN ACT relating to political activities and declaring an emergency.
     Create a new section of KRS Chapter 45A, relating to procurement, to prohibit business entities as defined in the Act, contractors and subcontractors from doing business with the Commonwealth if that business entity has contributed to a statewide candidate, slate of candidates or, state or local political party in excess of contribution limits defined in the Act, within 18 months preceding entering into the contract or during the duration of the contract; require business entity to certify compliance with the Act prior to entering into a contract; amend KRS 45A.110 and 45A.115 to require certification of compliance with this act prior to being placed on the prequalified and responsible bidder or offeror's list; amend KRS 45A.485 to require immediate cancellation of a contract and two year prohibition from future business with the Commonwealth if found to be in violation, unless the violation was inadvertent and unintentional; amend KRS 45A.485 to require business entity to report any violations of the Act within the last 5 years and be in continuous compliance with the Act; provide that contributions made and contracts in effect on the effective date of the relevant provisions not be a violation of those provisions, require disclosure whether or not a violation; require a statewide candidates and political parties to give reasonable notice of potential contract prohibitions with the state if contributions are made in violation of the Act; provide that lack of notice is not a defense of the violation; amend KRS 83A.045, relating to elections, to change the filing deadline for a primary to the first Friday after the second Thursday in April; amend KRS 83A.165 to change references from May to June primary; amend KRS 117.045 to change dates for selecting officers of election to May 20 and provide for designation of officers of election by county executive committees by May 15; amend KRS 117.085 to provide for printing of ballots 30 days before a primary election; amend KRS 117.145 to provide for printing of ballot labels 30 days before a primary election; amend KRS 117.315 to provide that the list of election challengers for a primary shall be presented to the party committee not less than 20 days prior to the primary and that challengers shall be designated to the county clerk 15 days prior to the primary or regular election; amend KRS 117.389 to provide that the clerk shall test automatic tabulating equipment not more than 20 days and not less than 5 days prior to election day; amend KRS 118.025 to provide that the primary election shall be held on the first Tuesday after the first Monday in June of each year; amend KRS 118.165 to change the filing deadline for the primary to the first Friday after the second Thursday in April; amend KRS 118.215 to provide that names of candidates shall be certified not later than the Tuesday after the filing deadline for the primary, and the county clerk shall notify the Secretary of State no later than the Friday after the filing deadline for the primary if the ballots cannot be accommodated by the voting machines; amend KRS 118. 225 to provide that the order of names on the ballot shall be determined on the Monday following the filing deadline; amend KRS 118.561 to provide that the presidential preference primary be held on the first Tuesday after the first Monday in June in each presidential election year; amend KRS 118A.060 to change the filing deadline for the primary to the first Friday after the second Thursday in April, provide that the order of the names on the ballot shall be determined by lot on the Monday following the filing deadline, and provide that names of candidates shall be certified not later than the Tuesday after the filing deadline; declare EMERGENCY relating to amendments to KRS Chapter 45A.

SB 1 - AMENDMENTS


     SCS - Retain original provisions; amend KRS 83A.045, 118.165, and 118A.060 to change filing deadline for offices to the first Tuesday in April; amend KRS 6.807 to require legislative agents and their employers to file updated registration statements with the Legislative Ethics Commission on the same schedule in odd-numbered years as is required in even-number years; apply emergency clause.
     SFA (1, E. Scorsone) - Create a new section of KRS Chapter 121 to provide that a political party or individual who provided campaign contributions to a candidate who switches parties may bring an action to recoup the contributions, provide for filing within 90 days of the change in party affiliation, and provide that a copy of the initial pleading and final judgment shall be provided to the Registry of Election Finance.
     SFA (2, E. Scorsone) - Include in the definition of "business entity" a legislative agent and his or her employer registered with the Legislative Ethics Commission, and an executive agency lobbyist, his or her employer, and a real party in interest registered with the Executive Branch Ethics Commission; amend KRS 6.811 to prohibit a legislative agent or employer from making a contribution to a political party; amend KRS 11A.206 to prohibit an executive agency lobbyist, employer, or real party in interest from making a contribution to a political party.
     SFA (3, R. Sanders Jr) - Amend Section 19 by allowing statewide candidates or state or county political parties to cure a violation of section 1 of the Act if the campaign or parties reimburse a business entity for contributions made in violation of the section prior to the general election or within 30 days thereafter.
     SFA (4, R. Sanders Jr) - Amend section 19 by allowing statewide candidates or state or county political parties to cure a violation of section 1 of the Act if the campaign or parties voluntarily repay a business entity prior to the general election or within 30 days thereafter, or a business entity seeks and receives reimbursement of a contribution from a candidate or party, but the contribution must be received within 45 days of the general election to qualify as a cure of violation.
     SFA (5, D. Williams) - Amend Senate Bill 1 to provide that a business entity shall not be in violation of Section 1 for making contributions to statewide candidates or political parties if the business entity's contract provides Medicaid, or other health related services to low income individuals or household, is funded in whole or in part with federal funds, is required by federal law, is nonnegotiable, and contains identical reimbursement rates with other same or similar type contracts, require the Finance and Administration Cabinet to publish, by administrative regulation a list of all contracts that qualify for this exemption.
     SFA (6, D. Williams) - Retain original provisions; make runoff primary 35 days after a primary election instead of 28 days after a primary election; and make drawing by lot for ballot position on the Thursday following the filing deadline for office instead of the Monday following the filing deadline for office.

     Jan 5-introduced in Senate; to State and Local Government (S)
     Feb 6-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 7-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 8, 2001; floor amendments (1) and (2) filed to Committee Substitute
     Feb 8-passed over and retained in the Orders of the Day
     Feb 9-passed over and retained in the Orders of the Day; floor amendments (3) and (4) filed to Committee Substitute
     Feb 12-passed over and retained in the Orders of the Day; floor amendments (5) and (6) filed to Committee Substitute
     Feb 13-3rd reading; floor amendment (3) withdrawn ; floor amendment (1) defeated ; floor amendment (2) ruled out of order ; ruling on floor amendment (2) reconsidered; passed 21-16 with Committee Substitute, floor amendments (2) (4) (5) and (6)
     Feb 14-received in House
     Feb 15-to State Government (H)
     Mar 1-posted in committee


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