98RS HB273

HB273

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HB 273 (BR 1152) - J. Wayne

     AN ACT relating to executive branch ethics.
     Amend KRS 11A.080 to make various changes regarding preliminary investigations; permit the commission or its staff to disclose, at its discretion, in an administrative proceeding, records and other information obtained in a preliminary investigation; amend KRS 11A.100 to change the name of adjudicatory proceedings to administrative proceedings; amend 11A.990 to direct that any officer, public servant, or candidate who does not file the financial disclosure statement by the specified date be subject to a civil penalty of up to $100 per day, not to exceed a total of $5000; permit the commission to order the penalty to be deducted from the salary of an officer or public servant who remains on the state payroll; delete statute of limitations for violation of any provision of KRS 11A.040; permit appeal of any final order of the commission; require appeals to be made in Franklin Circuit Court.

HB 273 - AMENDMENTS


     HCS - Retain original provisions except delete authorization for commission to disclose, in an administrative proceeding, information obtained in a preliminary investigation; delete requirement for appeals to Franklin Circuit Court; amend KRS 11A.080 to lower from 60 days to 10 days the time between the commission's commencement of a preliminary investigation and its forwarding the complaint or statement of possible violations to the person alleged to have committed a violation; delete authorization for the commission to publicly confirm the existence of an inquiry and make public certain documents if the complainant publicly discloses the existence of a preliminary investigation.
     HFA (1, J. Barrows) - Require the commission to terminate an investigation if it determines, before or during a preliminary investigation, that a complaint does not allege facts sufficient to constitute a violation.
     HFA (2, J. Wayne) - Restore provision that commission proceedings and records relating to a preliminary investigation be confidential until a final determination is made by the commission; restore statute of limitations provision and increase the limit from 2 years to 4 years.
     HFA (3, J. Wayne) - Restore provision that commission proceedings and records relating to a preliminary investigation be confidential until a final determination is made by the commission; restore statute of limitations provision and increase the limit from two years to four years.
     SCA (1, A. Robinson) - Add a provision to allow the commission to grant a reasonable extension of time for filing a statement of financial disclosure for good cause shown.
     SFA (2, D. Karem) - Delete proposed amended penalty and restore current penalty for failure to file financial disclosure reports required by the executive branch code of ethics.

     Jan 14-introduced in House
     Jan 15-to State Government (H)
     Feb 6-posted in committee
     Feb 10-reported favorably, 1st reading, to Calendar with Committee Substitute; floor amendment (1) filed to Committee Substitute
     Feb 11-2nd reading, to Rules
     Feb 12-posted for passage in the Regular Orders of the Day for February 17, 1998
     Feb 26-floor amendment (2) filed
     Feb 27-floor amendment (3) filed to Committee Substitute
     Mar 3-3rd reading, Floor Amendment (1) defeated; passed, 89-0 with Committee Substitute and Floor Amendment (2)
     Mar 4-received in Senate
     Mar 5-to State and Local Government (S)
     Mar 24-reported favorably, 1st reading, to Consent Calendar with committee amendment (1)
     Mar 25-2nd reading, to Rules
     Mar 26-posted for passage in the Consent Orders of the Day for March 27, 1998
     Mar 27-passed over and retained in the Orders of the Day; floor amendment (2) filed
     Mar 30-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading, passed 31-0 with committee amendment (1) and floor amendment (2); received in House; posted for passage for concurrence in Senate amendments
     Apr 1-House concurred in Senate committee amendment (1) and Senate floor amendment (2); passed 87-1
     Apr 2-enrolled, signed by each presiding officer, delivered to Governor
     Apr 14-signed by Governor


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