Last Action | 03/25/19: signed by Governor (KY Acts ch. 074) |
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Title | AN ACT relating to executive branch ethics. |
Bill Documents |
Acts Chapter 74
Current/Final Introduced |
Bill Request Number | 424 |
Sponsors | R. Stivers, W. Schroder, D. Thayer |
Summary of Original Version | Amend KRS 11A.211 to require disclosure of executive agency lobbyist compensation. Amend KRS 11A.236 to prohibit executive agency lobbyist compensation contingent on awarding of a government contract or based on a percentage of a government contract awarded. |
Index Headings of Original Version |
State Agencies - Executive agency lobbyist compensation, contingent contract award, prohibiting State Agencies - Executive agency lobbyist compensation, disclosing Ethics - Executive agency lobbyist compensation, contingent contract award, prohibiting Ethics - Executive agency lobbyist compensation, disclosing |
Jump to Proposed Amendments |
Senate Committee Substitute 1 Senate Committee Amendment 1 House Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 |
Votes | Vote History |
01/08/19 |
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01/10/19 |
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02/20/19 |
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02/21/19 |
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02/22/19 |
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02/25/19 |
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02/26/19 |
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02/27/19 |
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03/04/19 |
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03/06/19 |
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03/07/19 |
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03/12/19 |
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03/14/19 |
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03/25/19 |
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Amendment | Senate Committee Substitute 1 |
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Summary | Retain original provisions, except: amend KRS 11A.040 to extend from six months to one year the length of time which a present or former officer or public servant listed in KRS 11A.010(9) (a) to (g) is subject to specified employment restrictions after leaving state service; amend KRS 11A.050 to require officers and public servants listed in KRS 11A.010(9) (a) to (g) to file statements of financial disclosure within 30 days of beginning state employment and list on the statements of financial disclosure employers for whom they were employed for a one year period immediately prior to state employment, as well as family members and business associates registered as legislative or executive branch lobbyists; delete from the statements reference to retainers related to state agencies; amend KRS 11A.080 to specify that the Secretary of the Finance and Administration Cabinet may void a contract if the Executive Branch Ethics Commission determines that a violation of the provisions of KRS Chapter 11A has occurred; amend KRS 11A.110 to allow the Executive Branch Ethics Commission to promulgate administative regulations pertaining to electronic filing of disclosure statements by executive agency lobbyists, their employers, or real parties in interest; amend KRS 11A.201 to change the definition of "executive agency decision" to include requests for information, requests for proposal, budget provisions, administrative regulations, executive orders, legislation and amendments, and other policy decisions; change the definition of "executive agency lobbyist" to include associations, coalitions, or public interest entities formed to influence executive agency decisions; change the definition of "executive agency lobbying activity" to include advocating, opposing the passage of, modifying, defeating, or impacting executive action regarding legislation; define "substantial issue" to include any budget provision, administrative regulation or rule, legislative matter or other public policy matter that impacts the lobbyist or his or her employer; include classified employees among executive agency officials; provide exclusions for media, publications, and professional services not related to lobbying; amend KRS 11A.211 to require certification that an employer and agent has complied with KRS 11A.236; amend KRS 11A.236 to bar employers of executive agency lobbyists from doing business with the state for five years if they have employed an executive agency lobbyist on a contingency basis. |
Index Headings |
State Agencies - Statements of financial disclosure, filing deadline, revise State Agencies - Executive agency lobbyist compensation, disclosing State Agencies - Statements of financial disclosure, past employers, report State Agencies - Statements of financial disclosure, relatives, business partners, lobbyists, report State Agencies - Statements of financial disclosure, retainer, remove State Agencies - Executive agency decision, definition, revise State Agencies - Executive agency lobbying activity, definition, revise State Agencies - Executive agency lobbyist employer, contingency contracts, state business, suspend Ethics - Executive agency lobbying activity, definition, revise Ethics - Statements of financial disclosure, filing deadline, revise Ethics - Statements of financial disclosure, past employer, report Ethics - Statements of financial disclosure, relatives, business partners, lobbyists, report Ethics - Statements of financial disclosure, retainer, remove Ethics - Executive agency lobbyist, definition, revise Ethics - Executive agency decision, definition, revise Ethics - Executive agency lobbyist employer, contingency contracts, state business, suspend Administrative Regulations and Proceedings - Executive Branch Ethics, commission, electronic filing of disclosure statements |
Amendment | Senate Committee Amendment 1 |
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Sponsor | W. Schroder |
Summary | Make title amendment. |
Index Headings | Title Amendments - SB 6 |
Amendment | House Committee Substitute 1 |
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Summary | Retain provisions, except; amend KRS 11A.201 to exclude public comments submitted to an executive agency during the public comment period for administrative regulations or rules from the definition for "executive agency lobbying activity"; specify matters that financially impact the executive agency lobbyist or his or her employer under the definition of "substantial issue." |
Index Headings |
Administrative Regulations and Proceedings - Definition, executive agency lobbying activity, revise Administrative Regulations and Proceedings - Definition, substantial issue, revise |
Amendment | House Floor Amendment 1 |
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Sponsor | K. Moser |
Summary | Create new sections of KRS 6.601 to 6.849 to make it ethical misconduct for a legislator, legislative agent, or director of the Legislative Research Commission to intentionally engage in discrimination, harassment, or sexual harassment; define "discrimination," "harassment," "sexual harassment," and "workplace complaint'; grant the Legislative Ethics Commission jurisdiction to investigate and proceed upon receipt of a complaint from an employee of the legislative branch regarding discrimination, harassment, or sexual harassment allegedly committed by a legislator, legislative agent, or director of the Legislative Research Commission; grant that allegations of discrimination, harassment, or sexual harassment by an employee of the legislative branch be referred to the chief human resources officer of the Legislative Research Commission; require the Legislative Ethics Commission to establish a legislative ethics telephone tip line to allow employees of the legislative branch to report complaints of discrimination, harassment, and sexual harassment; require the Legislative Ethics Commission and the Legislative Research Commission to publicize the existence of the legislative ethics telephone tip line; 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 during non-business hours; require the forwarding of information reported on the legislative ethics telephone tip line to the executive director of the Legislative Ethics Commission or his or her designee on an approved form; provide that, within 24 hours of the receipt of a workplace complaint, the Legislative Ethics Commission executive director make an initial determination as to whether a workplace complaint meets the criteria for consideration and notify the complainant of the determination; provide that the alleged violator shall be notified and given the opportunity to file a written response after receiving a written statement detailing allegations; provide that within seven days of receiving a response or expiration of the deadline for receiving a response from the alleged violator, the Legislative Ethics Commission chair, vice-chair, and executive director shall interview the complainant, the alleged violator, and any other person with information relevant to the complaint; provide that, within 14 business days of completion of the interviews, the Legislative Ethics Commission shall give notice of the status of the workplace complaint and a general statement of applicable law to the complainant and alleged violator; provide that, within 30 business days of receipt of a workplace complaint, the complaint file shall be closed if the Legislative Ethics Commission chair and vice-chair agree that the workplace complaint is resolved or agree that there is no credible allegation of discrimination, harassment, or sexual harassment; allow the Legislative Ethics Commission chair and vice-chair to refer a workplace complaint to another federal or state agency if they determine that the case does not fall under the jurisdiction of the Legislative Ethics Commission; provided that, if the Legislative Ethics Commission chair and vice-chair do not agree whether a workplace complaint is resolved but agree that there is a credible allegation of discrimination, harassment, or sexual harassment, the Legislative Ethics Commission enforcement counsel shall file a complaint; provide that, a legislator, legislative agent, or an employee of the legislative branch may file a complaint of discrimination, harassment, or sexual harassment at any time under KRS 6.686; set forth confidentiality provisions; provide that complainants shall not be subject to reprisal; require the annual reporting of complaints to be processed using the legislative ethics telephone tip line; provide that nothing prevents a legislator, legislative agent, or legislative branch employee to pursue other avenues to report complaints of 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 workplace complaints; declare that if a provision of KRS 6.601 to 6.849 is designated a misdemeanor or felony, an alleged violation of the provision may be adjudicated by the Legislative Ethics Commission as ethical misconduct; amend KRS 6.661 to specify that those investigating or prosecuting complaints under this act have sufficient training and experience in the conduct of workplace complaint investigations; amend KRS 6.686 to allow dismissal of complaints by teleconference held by the Legislative Ethics Commission; allow complaints to be filed against former legislators, former legislative agents, and for employers of former legislative agents for extended periods if they are related to discrimination, harassment, or sexual harassment; amend KRS 6.701 to include legislative branch employees in mandatory ethics education already required for legislators; amend KRS 6.716 to require the Legislative Ethics Commission to administer a current issues seminar for legislative branch employees in addition to the existing requirement for legislators; amend KRS 7.101 to specify that the Legislative Research Commission shall coordinate the development and presentation of the sexual and workplace harassment training course with the assistance of the Legislative Ethics Commission. |
Index Headings |
Ethics - Legislative ethics telephone tip line, establish Reports Mandated - Legislative ethics telephone tip line, complaints received General Assembly - Ethical misconduct, prohibited behavior, complaint procedures General Assembly - Legislative ethic telephone tip line, establish Legislative Research Commission - Legislative Ethics Commission, jurisdiction, grant Legislative Research Commission - Legislative ethics telephone tip line, establish |
Amendment | House Floor Amendment 2 |
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Sponsor | K. Moser |
Summary | Make title amendment. |
Index Headings | Title Amendments - SB 6/GA |
Last updated: 11/9/2023 3:08 PM (EST)