HB 9 (BR 346) - K. Fleming , K. Moser

     AN ACT relating to legislative ethics.
     Create new sections of KRS 6.601 to 6.849 to make it ethical misconduct for a legislator, employee of the legislative branch, legislative agent, or other person who interacts with legislators or employees of the legislative branch to intentionally engage in harassment or sexual harassment; define "complaint" as a verbal or written allegation of fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment; grant the Legislative Ethics Commission jurisdiction to investigate and proceed upon receipt of a complaint from an employee of the legislative branch regarding fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment allegedly committed by legislators, employees of the legislative branch, legislative agents, or any other person who interacts with legislators or employees of the legislative branch on state property or official state business; require the Legislative Ethics Commission to establish a legislative ethics telephone tip line to allow employees of the legislative branch to report complaints of fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment; require the Legislative Ethics Commission to publicize the existence of the legislative ethics telephone tip line by various methods; require the legislative ethics telephone tip line to be available 24 hours a day, seven days a week, with the Legislative Ethics Commission providing staff during regular business hours and allowing for recorded messages; require forwarding of information reported on the tip line to the executive director of the Legislative Ethics Commission or designee on an approved form; provide that the alleged perpetrator shall be notified and given the oppritunity to file a written response; require the chair, vice chair, or executive director of the Legislative Ethics Commission to interview the complainant, the alleged perpetrator, and any other person with information pertinent to the complaint; direct the commission to give the status of the complaint and a general statement of applicable law to the complainant and alleged perpetrator; provide for consultation with the complainant and, if the chair and vice chair of the Legislative Ethics Commission agree the complaint is resolved, closing of the file; if the complaint has not been resolved, require the enforcement counsel of the commission to file a complaint as provided in KRS 6.686(1)(a); set forth confidentiality provisions; provide that complainants shall not be subject to reprisal; require annual reporting of the complaints reported on the legislative ethics telephone tip line; allow employees to pursue other ways of reporting complaints of fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment; permit employees who report complaints to seek assistance from the Kentucky Employee Assistance Program or from private health professionals for matters related to the complaints; amend KRS 6.611 and 11.010 to conform.