HB 888

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1AN ACT relating to collective bargaining agreements and declaring an emergency.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1.  A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO
4 READ AS FOLLOWS:
5 (1)    The legislative body of any city, county, consolidated local government, urban-
6county government, charter county government, or unified local government
7shall not have the authority to enter into any collective bargaining agreement on
8or after the effective date of this Act.
9 (2)    Collective bargaining agreements in existence as of the effective date of this Act
10shall not be subject to the provisions of subsection (1) of this section and any
11entity subject to a collective bargaining agreement may negotiate future
12agreements when the existing agreement ends.
13Section 2. KRS 160.160 is amended to read as follows:
14 (1)    Each school district shall be under the management and control of a board of
15education consisting of five (5) members, except in counties containing a city of the
16first class wherein a merger pursuant to KRS 160.041 shall have been accomplished
17which shall have seven (7) members elected from the divisions and in the manner
18prescribed by KRS 160.210(5), to be known as the "Board of Education of ....,
19Kentucky." Each board of education shall be a body politic and corporate with
20perpetual succession. It may sue and be sued; make contracts; expend funds
21necessary for liability insurance premiums and for the defense of any civil action
22brought against an individual board member in his official or individual capacity, or
23both, on account of an act made in the scope and course of his performance of legal
24duties as a board member; purchase, receive, hold, and sell property; issue its bonds
25to build and construct improvements; and do all things necessary to accomplish the
26purposes for which it is created. Each board of education shall elect a chairman and
27vice chairman from its membership in a manner and for a term prescribed by the
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1board not to exceed two (2) years.
2 (2)    No board of education shall participate in any financing of school buildings, school
3improvements, appurtenances thereto, or furnishing and equipment, including
4education technology equipment without:
5(a)     First establishing the cost of the project in advance of financing, based on the
6receipt of advertised, public, and competitive bids for such project, in
7accordance with KRS Chapter 424; and
8(b)     Establishing the cost of financing in advance of the sale of any bonds,
9certificates of participation in any leases, or other evidences of financial
10commitments issued by or on behalf of such board. Any bonds, leases,
11participations, or other financial arrangements shall not involve a final
12commitment of the board until the purchaser or lender involved shall have
13been determined by public advertising in accordance with KRS Chapter 424.
14 (3)    No board of education shall make a mortgage, lien, or other encumbrance upon any
15school building owned by the board, or transfer title to any such school building as
16part of any financing arrangement, without the specific approval of the Department
17of Education, and without the transaction being entered into pursuant to a detailed
18plan or procedure specifically authorized by Kentucky statute.
19 (4)    Without the approval of the Department of Education, no board may lease, as
20lessee, a building or public facility that has been or is to be financed at the request
21of the board or on its behalf through the issuance of bonds by another public body
22or by a nonprofit corporation serving as an agency and instrumentality of the board,
23or by a leasing corporation. Any lease, participation, or other financial arrangement
24shall not involve a final commitment of the board unless and until the purchaser or
25lender involved in same shall have been determined by public advertising in
26accordance with KRS Chapter 424. No transaction shall be entered into by the
27board except upon the basis of public advertising and competitive bidding in
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1accordance with KRS Chapter 424.
2 (5)    (a)     A board of education shall not enter into any collective bargaining
3agreement on or after the effective date of this Act.
4(b)     Collective bargaining agreements in existence as of the effective date of this
5Act shall not be subject to the provisions of paragraph (a) of this subsection
6and a board of education may negotiate future agreements when the
7existing agreement ends.
8 (6)    A school district may issue general obligation bonds in accordance with KRS
9Chapter 66.
10 (7)[(6)]       Rental payments due by a board under a lease approved by the Department of
11Education in accordance with subsection (4) of this section, and debt service
12payments under a general obligation bond issued in accordance with this section,
13shall be due and payable not less than ten (10) days prior to the interest due date for
14the bonds, notes, or other debt obligations issued to finance the building or public
15facility. If a board fails to make a rental payment when due under a lease or a debt
16service payment when due for a general obligation bond issue, upon notification to
17the Department of Education by the paying agent, bond registrar, or trustee for the
18bonds not less than three (3) days prior to the interest due date, the Department of
19Education shall withhold or intercept any funds then due the board to the extent of
20the amount of the required payment on the bonds and remit the amount to the
21paying agent, bond registrar, or trustee as appropriate. Thereafter, the Department
22of Education shall resolve the matter with the board and adjust remittances to the
23board to the extent of the amount paid by the Department of Education on the
24board's behalf.
25 (8)[(7)]       Bonds, notes, or leases negotiated to provide education technology shall not
26be sold for longer than seven (7) years or the useful life of the equipment as
27established by the state technology master plan, whichever is less.
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1 (9)[(8)]       Notwithstanding any requirements of public advertising, competitive bidding,
2or approval by the Department of Education, or any administrative regulation
3promulgated pursuant to KRS 156.160(1)(o), a local board may authorize the
4transfer or sale of the district's real or personal property to another governmental or
5quasi-governmental agency in exchange for money or a similar type of property that
6equals or exceeds the fair market value of the district property as determined by an
7independent appraisal conducted by:
8(a)     An individual or organization not affiliated with the district or its officers or
9employees, using a generally accepted national or professional standard; or
10(b)     A district's officers or employees using a nationally published valuation of
11property based on the most recent edition of the publication.
12Section 3. KRS 15.520 is amended to read as follows:
13 (1)    As used in this section:
14(a)     "Citizen" means any individual who is not:
151.       A member or supervisor within the law enforcement agency that
16employs an officer; or
172.       An elected or appointed official within the unit of government under
18which the law enforcement agency that employs the officer is organized;
19(b)     "Complaint" means any statement by a citizen, whether written or verbal, that
20alleges any type of misconduct by an officer, including statements that are
21submitted or received anonymously;
22(c)     "Disciplinary action" means termination, demotion, a decrease in pay or
23grade, suspension without pay, and a written reprimand;
24(d)     "General employment policies" means the rules, regulations, policies, and
25procedures commonly applicable to the general workforce or civilian
26employees that are not unique to law enforcement activities or the exercise of
27peace officer authority, regardless of whether those rules, regulations,
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1policies, and procedures exist or appear in a departmental manual or
2handbook that is solely applicable to a law enforcement department or agency
3within the unit of government employing the officer;
4(e)     "Interrogation" means a formal investigative interview and does not mean
5conversations or meetings of supervisory personnel and subordinate officers
6that are not intended to result in disciplinary action, such as conversations or
7meetings held for the purpose of providing corrective instruction counseling
8or coaching;
9(f)     "Law enforcement procedures" means only those policies, rules, and customs
10that:
111.       Are specific to the conduct of officers in the exercise of law
12enforcement powers and functions, including, without limitation: use of
13force, conduct in the course of pursuits, conduct during stops or
14detentions of citizens, conduct in the course of interacting with,
15assisting, or questioning of citizens, and investigative conduct;
162.       Are carried out in the course of peace officer functions;
173.       Are not general employment policies; and
184.       May exist in either written form or in the form of unwritten standards,
19practices, or protocols generally accepted and applied in the law
20enforcement profession;
21(g)     "Misconduct" means any act or omission by an officer that violates criminal
22law, law enforcement procedures, or the general employment policies of the
23employing agency; and
24(h)     "Officer" means a person employed as a full-time peace officer by a unit of
25government that receives funds under KRS 15.410 to 15.510, except a state
26officer listed in KRS 15.420(2)(a)2.b. to f. and n., who has completed any
27officially established initial probationary period of employment lasting no
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1longer than twelve (12) months not including, unless otherwise specified by
2the employing agency, any time the officer was employed and completing the
3basic training required by KRS 15.404.
4 (2)    In order to establish a minimum system of professional conduct for officers of local
5units of government of this Commonwealth, the following standards are stated as
6the intention of the General Assembly to deal fairly and establish administrative due
7process rights in certain disciplinary matters concerning those officers of an
8employing unit of government that participates in the Kentucky Law Enforcement
9Foundation Program fund administered pursuant to KRS 15.430 and, at the same
10time, to provide a means for redress by the citizens of the Commonwealth for
11wrongs allegedly done to them by officers covered by this section.
12 (3)    Any complaint taken from a citizen alleging misconduct on the part of any officer
13shall be taken as follows:
14(a)     If the complaint alleges criminal activity by an officer, the allegations may be
15investigated without a signed, sworn complaint of the citizen;
16(b)     If the complaint alleges any other type of violation not constituting criminal
17activity, including violations of law enforcement procedures or the general
18employment policies of the employing agency, an affidavit, signed and sworn
19to by the citizen, shall be obtained, except as provided by paragraph (c) of this
20subsection; or
21(c)     If a complaint is required to be obtained and the citizen, upon request, refuses
22to make allegations under oath in the form of an affidavit, signed and sworn
23to, the employing agency may investigate the allegations, but shall bring
24charges under subsection (6) of this section against the officer only if the
25employing agency can independently substantiate the allegations absent the
26sworn statement of the citizen.
27 (4)    (a)     When an officer is accused of an act or omission that would constitute a
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1violation of law enforcement procedures by any individual within the law
2enforcement agency employing the officer, including supervisors and elected
3or appointed officials of the officer's employing agency, the employing
4agency shall conform the conduct of any investigation to the provisions of
5subsection (5) of this section, shall formally charge the officer in accordance
6with subsection (6) of this section, and shall conduct a hearing in accordance
7with subsection (7) of this section before any disciplinary action shall be taken
8against the officer.
9(b)     The provisions of this subsection shall not prevent the employing agency from
10suspending the officer, with or without pay, during an investigation and
11pending the final disposition of any formal charges, except that an officer
12suspended without pay shall be entitled to full back pay and benefits for the
13regular hours he or she would have worked if no formal charges are brought
14or the hearing authority finds the officer not guilty of the charges.
15(c)     An employing agency shall not be required to follow the provisions of this
16section in addressing conduct by the officer that would constitute a violation
17of the general employment policies of the employing agency.
18 (5)    (a)     Any complaint filed by a citizen under subsection (3) of this section or any
19allegation of conduct that would constitute a violation of law enforcement
20procedures under subsection (4) of this section shall be investigated by the
21employing agency or another designated law enforcement agency in
22accordance with the provisions of this subsection if the employing agency
23determines that an investigation of the complaint or the alleged conduct is
24warranted.
25(b)     No threats, promises, or coercions shall be used at any time against any
26officer while he or she is a suspect in a criminal case or has been accused of a
27violation of law enforcement procedures. Suspension from duty with or
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1without pay, or reassignment to other than an officer's regular duties during
2the period shall not be deemed coercion. Prior to or within twenty-four (24)
3hours after suspending the officer pending investigation or disposition of a
4complaint, the officer shall be advised in writing of the reasons for the
5suspension.
6(c)     Unless otherwise agreed to in writing by the officer, no police officer shall be
7subjected to interrogation for alleged conduct that violates law enforcement
8procedures, until forty-eight (48) hours have expired from the time the request
9for interrogation is made to the accused officer, in writing. The notice of
10interrogation shall include a statement regarding any reason for the
11interrogation and shall be served on the officer by certified mail, return receipt
12requested, or by personal delivery.
13(d)     The interrogation shall be conducted while the officer is on duty. The officer
14may be required to submit a written report of the alleged incident if the
15request is made by the employing agency no later than the end of the subject
16officer's next tour of duty after the tour of duty during which the employing
17agency initially was made aware of the complaint.
18(e)     If an officer is under arrest, or likely to be arrested, or a suspect in any
19criminal investigation, he or she shall be afforded the same constitutional due
20process rights that are accorded to any civilian, including, but not limited to,
21the right to remain silent and the right to counsel, and shall be notified of
22those rights before any questioning commences.
23 (6)    (a)     If it is determined through investigation or other means that the facts alleged
24in a citizen complaint or in an accusation of a violation of law enforcement
25procedures warrant charging the officer, the charge shall be made in writing
26with sufficient specificity so as to fully inform the officer of the nature and
27circumstances of the alleged violation in order that he or she may be able to
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1properly defend himself or herself.
2(b)     The charge shall be signed by a representative of the employing agency, shall
3set out the disciplinary action recommended or imposed, and shall be served
4on the officer in writing by certified mail, return receipt requested, or by
5personal delivery.
6(c)     When an officer has been charged with a violation of law enforcement
7procedures, no public statements shall be made concerning the alleged
8violation by any person or persons of the employing agency or the officer so
9charged, until final disposition of the charges.
10(d)     No officer as a condition of continued employment by the employing agency
11shall be compelled to speak or testify or be questioned by any person or body
12of a nongovernmental nature.
13 (7)    Unless waived by the charged officer in writing, a hearing shall be conducted by the
14officer's appointing authority to determine whether there is substantial evidence to
15prove the charges and to determine what, if any, disciplinary action shall be taken if
16substantial evidence does exist. In conducting a hearing, the following
17administrative due process rights shall be recognized and these shall be the
18minimum rights afforded any officer charged, except as otherwise agreed to in
19writing by the officer and the employing agency:
20(a)     The accused officer shall be given at least twelve (12) days' written notice of
21any hearing. The notice of hearing shall be served on the officer by certified
22mail, return receipt requested, or by personal delivery;
23(b)     Copies of any sworn statements or affidavits to be considered by the hearing
24authority and any exculpatory statements or affidavits shall be furnished to the
25officer no less than twelve days (12) prior to the time of any hearing;
26(c)     At any hearing based upon the sworn complaint of a citizen, the citizen shall
27be notified to appear at the time and place of the hearing by certified mail,
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1return receipt requested, or by personal delivery;
2(d)     If the return receipt has been returned unsigned, or the individual does not
3appear, except due to circumstances beyond his or her control he or she
4cannot appear at the time and place of the hearing, any charge resulting from a
5complaint made by that citizen shall not be considered by the hearing
6authority and shall be dismissed with prejudice;
7(e)     The accused officer shall have the right and opportunity to obtain and have
8counsel present, and to be represented by counsel;
9(f)     The appointing authority, legislative body, or other body as designated by the
10Kentucky Revised Statutes shall subpoena and require the attendance of
11witnesses and the production by them of books, papers, records, and other
12documentary evidence at the request of the accused officer or the charging
13party. If any person fails or refuses to appear under the subpoena, or to testify,
14or to attend, or produce the books, papers, records, or other documentary
15evidence lawfully required, the appointing authority, legislative body, or other
16body as designated by the Kentucky Revised Statutes may report to the
17Circuit Court or any judge thereof the failure or refusal, and apply for a rule.
18The Circuit Court, or any judge thereof, may on the application compel
19obedience by proceedings for contempt as in the case of disobedience of the
20requirements of a subpoena issued from the court;
21(g)     The accused officer shall be allowed to present witnesses and any
22documentary or other relevant evidence the officer wishes to provide to the
23hearing authority, and may cross-examine all witnesses called by the charging
24party;
25(h)     If any officer who has been suspended with or without pay is not given a
26hearing as provided by this section within seventy-five (75) days of any
27charge being filed pursuant to this section, the charge shall be dismissed with
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1prejudice and shall not be considered by any hearing authority and the officer
2shall be reinstated with full back pay and benefits;
3(i)     Any officer who has been suspended without pay who is found not guilty of
4the charges by the hearing authority shall be reinstated with the full back pay
5and benefits for the regular hours he or she would have worked;
6(j)     The failure to provide any of the rights or to follow the provisions of this
7section may be raised by the officer with the hearing authority. The hearing
8authority shall not exclude proffered evidence based on failure to follow the
9requirements of this section but shall consider whether, because of the failure,
10the proffered evidence lacks weight or credibility and whether the officer has
11been materially prejudiced; and
12(k)     To the extent the provisions of KRS 61.805 to 61.850 are applicable, the
13hearing authority may conduct the hearing required by this subsection in a
14closed session, unless the officer requests of the hearing authority in writing at
15least three (3) days prior to the hearing that the hearing be open to the public.
16 (8)    (a)     Any officer who is found guilty by any hearing authority of any charge, may
17bring an action in the Circuit Court in the county in which the employing
18agency is located within thirty (30) days of the date written findings are issued
19to appeal the action of the hearing authority. The appeal shall be initiated by
20the filing of a complaint in the same manner as any civil action under the
21Rules of Civil Procedure and shall include a copy of the hearing authority's
22final order. The Circuit Court review of the case shall be based solely upon
23the administrative record created before the hearing authority and any new
24evidence offered by the officer regarding alleged arbitrariness on the part of
25the hearing authority.
26(b)     The judgment of the Circuit Court shall be subject to appeal to the Court of
27Appeals. The procedure as to appeal to the Court of Appeals shall be the same
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1as in any civil action.
2 (9)    The provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall not apply in any
3proposed disciplinary action arising from a citizen complaint made under
4subsection (3) of this section or arising from any allegation of conduct that would
5constitute a violation of law enforcement procedures under subsection (4) of this
6section. This section shall not be interpreted or construed to alter or impair any of
7the substantive rights provided to a city police officer under KRS 90.310 to 90.410,
895.450, and 95.765 for any proposed disciplinary action or other matters not arising
9under subsections (3) and (4) of this section, including proposed actions involving
10alleged violations of general employment policies. To the extent that the provisions
11of this section are inapplicable to any proposed disciplinary action against a city
12police officer, the provisions of KRS 90.310 to 90.410, 95.450, and 95.765 shall
13remain in full force and effect.
14 (10) As the provisions of this section relate to a minimum system of professional
15conduct, nothing in this section shall be interpreted or construed to:
16(a)     Limit or to in any way affect any rights previously afforded to officers of the
17Commonwealth by statute[, collective bargaining or working agreement,] or
18legally adopted ordinance;
19(b)     Preclude an employing agency from investigating and charging an officer
20both criminally and administratively;
21(c)     Prevent the suspension with or without pay or reassignment of an officer
22during an investigation and pending final disposition charges;
23(d)     Permit an employing agency to categorize and treat any complaint that
24originates from a citizen as an internal matter in order to avoid application of
25all of the provisions of this section to the final disposition of a citizen's
26complaint;
27(e)     Apply any disciplinary action required by this section to actions taken by an
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1employing agency that is not related to misconduct by a law enforcement
2officer, such as personnel decisions made by the employing agency due to a
3lack of resources or personnel decisions related to a chief's management of a
4police department; or
5(f)     Prevent an employing agency from electing to apply the provisions of this
6section, or parts thereof, in circumstances that would not be covered under
7this section.
8 (11) This section shall not apply to officers employed by a consolidated local
9government that receives funds under KRS 15.410 to 15.510, who shall instead be
10governed by the provisions of KRS 67C.326.
11Section 4. KRS 61.598 is amended to read as follows:
12 (1)    For purposes of this section, "bona fide promotion or career advancement":
13(a)     Means:
141.       A professional advancement in substantially the same line of work held
15by the employee in the four (4) years immediately prior to the final five
16(5) fiscal years preceding retirement or a change in employment position
17based on the training, skills, education, or expertise of the employee that
18imposes a significant change in job duties and responsibilities to clearly
19justify the increased compensation to the member; or
202.       An increase in creditable compensation for all employees in a specified
21class due to an increase in rate of pay authorized or funded by the
22legislative or administrative body of the employer or due to an increase
23in rate of pay [mandated in a collective bargaining agreement ]approved
24by the legislative body of the employer; and
25(b)     Does not include any circumstance where an elected official participating in
26the Kentucky Employees Retirement System or the County Employees
27Retirement System takes a position of employment with a different employer
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1participating in any of the state-administered retirement systems.
2 (2)    (a)     For employees retiring from the Kentucky Employees Retirement System, the
3County Employees Retirement System, or the State Police Retirement System
4on or after January 1, 2018, the systems shall, for each of the retiring
5employee's last five (5) fiscal years of employment, identify any fiscal year in
6which the creditable compensation increased at a rate of ten percent (10%) or
7more annually over the immediately preceding fiscal year's creditable
8compensation. The employee's creditable compensation in the fiscal year
9immediately prior to the employee's last five (5) fiscal years of employment
10shall be utilized to compare the initial fiscal year in the five (5) fiscal year
11period.
12(b)     Except as limited or excluded by subsections (3) and (4) of this section, any
13amount of increase in creditable compensation for a fiscal year identified
14under paragraph (a) of this subsection that exceeds ten percent (10%) more
15than the employee's creditable compensation from the immediately preceding
16fiscal year shall not be included in the creditable compensation used to
17calculate the retiring employee's monthly retirement allowance. If the
18creditable compensation for a specific fiscal year identified under paragraph
19(a) of this subsection as exceeding the ten percent (10%) increase limitation is
20not used to calculate the retiring employee's monthly retirement allowance,
21then no reduction in creditable compensation shall occur for that fiscal year.
22(c)     If the creditable compensation of the retiring employee is reduced as provided
23by paragraph (b) of this subsection, the retirement systems:
241.       Shall refund the employee contributions and interest attributable to the
25reduction in creditable compensation; and
262.       Shall not refund the employer contributions paid but shall utilize those
27funds to pay down the unfunded liability of the pension fund in which
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1the retiring employee participated.
2 (3)    (a)     In order to ensure the prospective application of the limitations on increases in
3creditable compensation contained in subsection (2) of this section, only the
4creditable compensation earned by the retiring employee on or after July 1,
52017, shall be subject to reduction under subsection (2) of this section.
6Creditable compensation earned by the retiring employee prior to July 1,
72017, shall not be subject to reduction under subsection (2) of this section.
8(b)     If the reductions in creditable compensation during a retiring member's entire
9last five (5) years of employment results in a reduction in his or her monthly
10retirement allowance of less than twenty-five dollars ($25) per month or an
11actuarially equivalent value under the various payment options, then no
12reduction in creditable compensation or retirement allowances shall occur
13under subsection (2) of this section.
14 (4)    Subsection (2) of this section shall not apply to:
15(a)     A bona fide promotion or career advancement as defined by subsection (1) of
16this section;
17(b)     A lump-sum payment for compensatory time paid to an employee upon
18termination of employment;
19(c)     A lump-sum payment made pursuant to an alternate sick leave program under
20KRS 78.616(5) that is paid to an employee upon termination of employment;
21(d)     Increases in creditable compensation in a fiscal year over the immediately
22preceding fiscal year, where in the immediately preceding fiscal year the
23employer reported the employee as being on leave without pay for any reason,
24including but not limited to sick leave without pay, maternity leave, leave
25authorized under the Family Medical Leave Act, and any period of time
26where the employee received workers' compensation benefit payments that
27were not reported to the plan as creditable compensation;
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1(e)     Increases in creditable compensation directly attributable to an employee's
2receipt of compensation for:
31.       Overtime hours worked while serving as a participating employee under
4any state or federal grant, grant pass-through, or similar program that
5requires overtime as a condition or necessity of the employer's receipt of
6the grant; or
72.       The first one hundred (100) hours of mandatory overtime hours that the
8employee is individually required to work by the employer during a
9fiscal year. This subparagraph shall not be construed to apply to
10overtime hours voluntarily worked by the employee or in situations in
11which the employee has the option to elect out of participation in
12overtime hours. Any mandatory overtime hours exempt under this
13subparagraph shall be in addition to any overtime hours otherwise
14exempt under the provisions of this subsection; and
15(f)     Increases in creditable compensation directly attributable to an employee's
16receipt of compensation for overtime performed during and as a result of a
17state of emergency declared by:
181.       The President of the United States or the Governor of the
19Commonwealth of Kentucky; or
202.       A local government in which the Governor authorizes mobilization of
21the Kentucky National Guard pursuant to KRS 38.030 and 39A.950
22during such time as the National Guard is mobilized.
23 (5)    (a)     For employees retiring on or after January 1, 2014, but prior to July 1, 2017,
24the last participating employer shall be required to pay for any additional
25actuarial costs resulting from annual increases in an employee's creditable
26compensation greater than ten percent (10%) over the employee's last five (5)
27fiscal years of employment that are not the direct result of a bona fide
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1promotion or career advancement. The cost shall be determined by the
2retirement systems.
3(b)     Lump-sum payments for compensatory time paid to an employee upon
4termination of employment shall be exempt from this subsection.
5(c)     The Authority shall be required to answer inquiries from participating
6employers regarding this subsection. Upon request of the employer prior to
7the employee's change of position or hiring, the systems shall make a
8determination that is binding to the systems as to whether or not a change of
9position or hiring constitutes a bona fide promotion or career advancement.
10(d)     For any additional actuarial costs charged to the employer under this
11subsection, the systems shall allow the employer to pay the costs without
12interest over a period of one (1) year from the date of receipt of the employer's
13final invoice.
14 (6)    The Authority shall determine whether increases in creditable compensation during
15the last five (5) fiscal years of employment prior to retirement constitute a bona fide
16promotion or career advancement and may promulgate administrative regulations in
17accordance with KRS Chapter 13A to administer this section. All state-
18administered retirement systems shall cooperate to implement this section.
19 (7)    Any employer who disagrees with a determination made by the system in
20accordance with this section regarding whether an increase in compensation
21constitutes a bona fide promotion or career advancement for purposes of subsection
22(5) of this section may request a hearing and appeal the decision in accordance with
23KRS 61.645(16) or 78.782(16).
24 (8)    For the fiscal year beginning July 1, 2017, and subsequent years, the Kentucky
25Retirement Systems and the County Employees Retirement System shall provide a
26means for employers to separately report the specific exceptions provided in
27subsection (4) of this section within the reporting system utilized by the employers
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1for making employer reports under KRS 16.645, 61.675, and 78.545. The Kentucky
2Retirement Systems and the County Employees Retirement System shall
3continually provide communication, instructions, training, and educational
4opportunities for employers regarding how to appropriately report exemptions
5established by subsection (4) of this section.
6 (9)    This section shall not apply to employees participating in the hybrid cash balance
7plan as provided by KRS 16.583, 61.597, 78.5512, and 78.5516.
8Section 5. KRS 61.810 is amended to read as follows:
9 (1)    All meetings of a quorum of the members of any public agency at which any public
10business is discussed or at which any action is taken by the agency, shall be public
11meetings, open to the public at all times, except for the following:
12(a)     Deliberations for decisions of the Kentucky Parole Board;
13(b)     Deliberations on the future acquisition or sale of real property by a public
14agency, but only when publicity would be likely to affect the value of a
15specific piece of property to be acquired for public use or sold by a public
16agency;
17(c)     Discussions of proposed or pending litigation against or on behalf of the
18public agency;
19(d)     Grand and petit jury sessions;
20(e)     [Collective bargaining negotiations between public employers and their
21employees or their representatives;
22(f)     ]Discussions or hearings which might lead to the appointment, discipline, or
23dismissal of an individual employee, member, or student without restricting
24that employee's, member's, or student's right to a public hearing if requested.
25This exception shall not be interpreted to permit discussion of general
26personnel matters in secret;
27(f)[(g)]  Discussions between a public agency and a representative of a business
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1entity and discussions concerning a specific proposal, if open discussions
2would jeopardize the siting, retention, expansion, or upgrading of the
3business;
4(g)[(h)]  State and local cabinet meetings and executive cabinet meetings;
5(h)[(i)]  Committees of the General Assembly other than standing committees;
6(i)[(j)]  Deliberations of judicial or quasi-judicial bodies regarding individual
7adjudications or appointments, at which neither the person involved, his
8representatives, nor any other individual not a member of the agency's
9governing body or staff is present, but not including any meetings of planning
10commissions, zoning commissions, or boards of adjustment;
11(j)[(k)]  Meetings which federal or state law specifically require to be conducted
12in privacy;
13(k)[(l)]  Meetings which the Constitution provides shall be held in secret;
14(l)[(m)]  That portion of a meeting devoted to a discussion of a specific public
15record exempted from disclosure under KRS 61.878(1)(m). However, that
16portion of any public agency meeting shall not be closed to a member of the
17Kentucky General Assembly; and
18(m)[(n)]  Meetings of any selection committee, evaluation committee, or other
19similar group established under KRS Chapter 45A or 56 or other state or local
20law, to select a successful bidder for award of a state or local contract.
21 (2)    Any series of less than quorum meetings, where the members attending one (1) or
22more of the meetings collectively constitute at least a quorum of the members of the
23public agency and where the meetings are held for the purpose of avoiding the
24requirements of subsection (1) of this section, shall be subject to the requirements
25of subsection (1) of this section. Nothing in this subsection shall be construed to
26prohibit discussions between individual members where the purpose of the
27discussions is to educate the members on specific issues.
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1Section 6. KRS 67.830 is amended to read as follows:
2 (1)    The fiscal court in any county, except in a county containing a consolidated local
3government, a city of the first class, an urban-county government, or a unified local
4government, and a majority of all cities within the county may adopt an ordinance
5to study the question of merging the county government with all other units of local
6government within the county to form a charter county form of government, or
7consolidating any agency, subdivision, department, or subdistrict providing any
8services or performing any functions for a city or county.
9 (2)    In lieu of the adoption of an ordinance pursuant to subsection (1) of this section, a
10petition may be filed with the county clerk pursuant to KRS 67.832 requesting the
11appointment of a commission to study the question of the adoption of a charter
12county form of government or the consolidation of any agency, subdivision,
13department, or subdistrict providing any services or performing any functions for a
14city or county. The petition shall be signed by a number of registered voters equal
15to at least twenty percent (20%) of the residents in the unincorporated area of the
16county voting in the preceding regular election and twenty percent (20%) of the
17residents in incorporated areas of the county voting in the preceding regular
18election.
19 (3)    Within sixty (60) days of the adoption of an ordinance pursuant to subsection (1) of
20this section, or within sixty (60) days of a petition being filed with the county clerk
21pursuant to subsection (2) of this section and certified as sufficient pursuant to KRS
2267.832, the fiscal court and the city legislative body of each city within the county
23shall jointly appoint a commission to study the question of the adoption of a charter
24county form of government or the consolidation of any agency, subdivision,
25department, or subdistrict providing any services or performing any functions for a
26city or county. The fiscal court shall determine the size of the membership of the
27commission, which shall be composed of not less than twenty (20) or more than
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1forty (40) citizen members, and which may include elected or appointed county and
2city officials. Any officials appointed under this section shall serve as voting
3members of the commission. The actual appointment of individual members to the
4commission shall be governed by the following provisions:
5(a)     The county judge/executive, with the approval of the fiscal court, shall make a
6number of appointments equal to fifty-five percent (55%) of the membership
7of the commission;
8(b)     Jointly, the cities shall make a number of appointments equal to forty-five
9percent (45%) of the membership of the commission. The mayor of each city
10shall, subject to the approval of the city legislative body, make a number of
11appointments based on the ratio that the percentage of the population residing
12in the mayor's city bears to the total population of all cities in the county.
13Each city within the county shall have a minimum of one (1) representative on
14the commission; and
15(c)     The county judge/executive shall serve as a voting member of the commission
16and preside as its chairman.
17 (4)    The commission shall be funded by the fiscal court and each city within the county
18in proportion to its ratio of membership on the commission and shall be responsible
19for developing a comprehensive plan for the consolidation of services and functions
20of cities and the county, or the formation of a charter county government that shall
21include but not be limited to the following provisions:
22(a)     A description of the form, structure, functions, powers, and name of the
23proposed charter county government;
24(b)     A description of the officers and their powers and duties of the proposed
25charter county government;
26(c)     The procedures by which the original comprehensive plan may be amended
27by the subsequently created charter county government;
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1(d)     The procedures by which the comprehensive plan may be amended by county
2and participating city or cities as a result of contingencies arising from the
3failure of certain jurisdictions to vote in favor of joining the comprehensive
4plan. The contingency plan shall be adopted by the participating county and
5city or cities by joint ordinance. The contingency plan shall be adopted by the
6participating county and city or cities within sixty (60) days of the
7certification of the election result. The contingency plan shall only address:
81.       Issues of revenue;
92.       Issues of indebtedness;
103.       Issues of service provision, service areas, or service area boundaries;
114.       Personnel or administration[, but may not infringe upon any pre-existing
12collective bargaining agreements in force in participating jurisdictions];
13and
145.       Any issues directly related to the cost of government or provision of
15services within the comprehensive plan.
16The contingency plan shall not address issues within the plan related to
17paragraph (a), (b), or (c) of this subsection; and
18(e)     The procedures whereby the charter county government may be dissolved.
19The procedures drafted shall include but are not limited to:
201.       Requirements for a public petition for the dissolution of the charter
21county government;
222.       The question to be presented to voters for the dissolution of the charter
23county government; and
243.       Any administrative measures necessary to settle tax and debt issues
25created by the dissolution of the charter county government.
26The proposed charter plan shall specify that no petition for the dissolution of
27the charter county government shall be valid until a period of five (5) years
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1have passed from commencement of the first terms of the duly elected officers
2of the charter county government.
3 (5)    The comprehensive plan shall be completed within four (4) years of the
4commission's appointment. If a majority of the commission members are unable to
5agree on a single plan for the formation of a charter county government or the
6consolidation of services or functions within four (4) years of the appointment of
7the commission, the commission shall be disbanded unless two-thirds (2/3) of the
8commission agree to extend the commission for no longer than six (6) months.
9 (6)    The comprehensive plan shall be consistent with the provisions of the Constitution
10of Kentucky and shall be advertised at least ninety (90) days before a regular
11election at which the voters will be asked to approve or disapprove the adoption of
12the comprehensive plan. The question of whether the comprehensive plan shall be
13adopted shall be filed with the county clerk not later than the second Tuesday in
14August preceding the day of the next regular election.
15 (7)    The comprehensive plan proposed shall be presented to the voters at a regular
16election and:
17(a)     The votes shall be counted, returns made and canvassed in accordance with
18the provisions of KRS Chapters 116 to 121 governing elections;
19(b)     The results shall be certified by the county board of election commissioners to
20the county clerk; and
21(c)     If a majority of those voting on the issue within each area as required by
22subsections (8) and (9) of this section are in favor of adopting the
23comprehensive plan, the county board of election commissioners shall enter
24the fact of record, and the charter county commission shall organize the
25charter county government or the county and each participating city shall
26provide for the consolidation of services or functions as provided in the
27comprehensive plan.
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1 (8)    Subject to the restrictions in subsection (9) of this section, for the comprehensive
2plan to be adopted, it shall require both a majority of those residents voting within
3the unincorporated area of the county to vote in favor of its adoption, and:
4(a)     A majority of those residents voting within the city containing the largest
5population in the county, based on the most recent decennial census, to vote in
6favor of its adoption; or
7(b)     A majority of those residents voting, pursuant to subsection (9) of this section,
8within cities that together contain at least fifty percent (50%) of the population
9residing within the incorporated areas of the county, based on the most recent
10decennial census, to vote in favor of its adoption.
11 (9)    (a)     The votes shall be counted within each city to determine whether the majority
12of voters within each city are in favor of the adoption of the comprehensive
13plan.
14(b)     Each city where the majority of those voting are in favor of adopting the
15comprehensive plan shall participate in the charter county government,
16subject to the requirements of subsection (8) of this section.
17(c)     Each city where the majority of those voting are not in favor of adopting the
18comprehensive plan:
191.       Shall not participate in the charter county government;
202.       Shall remain incorporated unless dissolved in accordance with KRS
2181.094 and shall continue to exercise all powers and perform the
22functions permitted by the Constitution and general laws of the
23Commonwealth of Kentucky applicable to the cities of the class to
24which they have been assigned; and
253.       Shall allow eligible voters within the city to vote for the chief executive
26officer of the charter county government and the relevant legislative
27body member or members of the charter county government for the area
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1including the nonparticipating city.
2 (10) If the comprehensive plan is not adopted, the same proposal shall not be submitted
3for voter consideration for a period of five (5) years from the date of the election
4wherein the comprehensive plan failed to receive the requisite votes.
5Section 7. KRS 67.852 is amended to read as follows:
6 (1)    All contracts, bonds, franchises, and other obligations of a participating city and the
7county in existence on the effective date of a charter county government[, including
8but not limited to collective bargaining agreements,] shall continue in force and
9effect as obligations of the charter county government for the term of those
10contracts, bonds, franchises, and other obligations.
11 (2)    The charter county government shall succeed to all rights and entitlements of these
12contracts, bonds, franchises, and other obligations.
13 (3)    All conflicts in the provisions of the contracts, bonds, franchises, and other
14obligations shall be resolved in a manner that does not impair the rights of any of
15the parties.[
16 (4)    Nothing in KRS 67.825 to 67.875 shall be construed to nullify a participating city's
17petition pursuant to KRS 345.010 to be included under KRS Chapter 345 for
18collective bargaining with firefighters. Nothing in KRS 67.825 to 67.875 shall be
19construed to nullify any other legal obligations requiring the continuance of
20collective bargaining with a county's or participating city's employees. To the extent
21required by KRS Chapter 345 or any other legal obligation requiring the
22continuance of collective bargaining, the charter county government shall continue
23to bargain collectively with those employees who were covered under a contract
24with the county or participating city at the time of the formation of the charter
25county government.]
26Section 8. KRS 67.910 is amended to read as follows:
27 (1)    The unification review commission shall study matters relating to the feasibility of
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1forming a unified local government and, if unification is proposed, develop a
2unification plan consistent with the provisions of the Kentucky Constitution and
3KRS 67.900 to 67.940. A unification plan shall include:
4(a)     The process for establishing the unified local government;
5(b)     A description of the form, structure, functions, and powers of the proposed
6unified local government;
7(c)     A description of the officers of the proposed unified local government and
8their powers and duties;
9(d)     A procedure for the orderly and timely transition of specified services,
10functions, and responsibilities from each affected city and the county to the
11unified local government;
12(e)     A procedure for the orderly transition to the unified local government of the
13services, functions, and responsibilities of any special district that will be
14eliminated;
15(f)     A procedure for the orderly transition to the unified local government of the
16services, functions, and responsibilities of any board, commission, or
17authority that will be eliminated;
18(g)     The procedures by which the unification plan may be amended by the
19subsequently created unified local government;
20(h)     The procedures by which the unification plan may be amended by the
21participating county and city or cities as a result of contingencies arising from
22the failure of certain jurisdictions to vote in favor of joining the unification
23plan. The contingency plan shall be adopted by the participating county and
24city or cities by joint ordinance. The contingency plan shall be adopted by the
25participating county and city or cities within sixty (60) days of the
26certification of the election result. The contingency plan shall only address:
271.       Issues of revenue;
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12.       Issues of indebtedness;
23.       Issues of service provision, service areas, or service area boundaries;
34.       Personnel or administration[, but may not infringe upon any pre-existing
4collective bargaining agreements in force in participating jurisdictions];
5and
65.       Any issues directly related to the cost of government or provision of
7services within the unification plan.
8The contingency plan shall not address issues within the plan related to
9paragraph (a), (b), (c), (d), (e), (f), or (g) of this subsection; and
10(i)     The procedures by which the unified local government may be dissolved. The
11procedures drafted shall include but are not limited to:
121.       Requirements for a public petition for the dissolution of the unified local
13government;
142.       The question to be presented to voters for the dissolution of the unified
15local government; and
163.       Any administrative measures necessary to settle tax and debt issues
17created by the dissolution of the unified local government.
18The proposed unification plan shall specify that no petition for the dissolution
19of the unified local government shall be valid until a period of five (5) years
20has passed from commencement of the first terms of the duly elected officers
21of the unified local government; and
22(j)     Such other provisions as the commission shall determine.
23 (2)    The unification review commission may propose a unification plan under which the
24county and one (1) or more participating cities unite to form a single unit of local
25government.
26 (3)    The unification plan shall be completed within two (2) years of the commission's
27appointment. If a majority of the commission members are unable to agree on a
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1plan for unification within the two (2) year period, the unification review
2commission shall be dissolved by operation of law.
3Section 9. KRS 67C.101 is amended to read as follows:
4 (1)    The governmental and corporate functions vested in any city of the first class shall,
5upon approval by the voters of the county at a regular or special election, be
6consolidated with the governmental and corporate functions of the county
7containing the city. This single government replaces and supersedes the
8governments of the pre-existing city of the first class and its county.
9 (2)    (a)     A consolidated local government shall have all powers and privileges that
10cities of the first class and their counties are, or may hereafter be, authorized
11to exercise under the Constitution and the general laws of the Commonwealth
12of Kentucky, including but not limited to those powers granted to cities of the
13first class and their counties under their respective home rule powers.
14(b)     A consolidated local government shall continue to exercise these powers and
15privileges notwithstanding repeal or amendment of any of the laws upon
16which the powers and privileges are based unless expressly repealed or
17amended for consolidated local governments.
18(c)     In addition, a consolidated local government shall have other powers and
19privileges as the government may be authorized to exercise under the
20Constitution and general laws of the Commonwealth of Kentucky.
21(d)     A consolidated local government is neither a city government nor a county
22government as those forms of government exist on July 15, 2002, but it is a
23separate classification of government which possess the greater powers
24conferred upon, and is subject to the lesser restrictions applicable to, county
25government and cities of the first class under the Constitution and general
26laws of the Commonwealth of Kentucky.
27(e)     A consolidated local government shall be accorded the same sovereign
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1immunity granted counties, their agencies, officers, and employees.
2 (3)    A consolidated local government shall have power and authority to:
3(a)     Levy and collect taxes upon all property taxable for state purposes within the
4territorial limits of the consolidated local government not exempt by law from
5taxation;
6(b)     License, tax, and regulate privileges, occupations, trades, and professions
7authorized by law, to be uniform throughout the jurisdiction;
8(c)     Make appropriations for the support of the consolidated local government and
9provide for the payment of all debts and expenses of the consolidated local
10government and the debts and expenses of the county and city of which it is
11the successor;
12(d)     Issue or cause to be issued bonds and other debt instruments that counties
13containing a city of the first class are authorized to issue or enter into all other
14financial transactions as may be permitted by law;
15(e)     Purchase, lease, construct, maintain, or otherwise acquire, hold, use, and
16operate any property, real or personal, for any public purpose, and sell, lease,
17or otherwise dispose of any property, real or personal, belonging to a
18consolidated local government;
19(f)     Exercise the power of eminent domain for any public purpose subject to the
20limitations and exceptions prescribed by the Constitution and the general laws
21of the Commonwealth of Kentucky;
22(g)     Accept federal or state funds and other sources of revenue that are applicable
23to counties and cities of the first class;
24(h)     Establish, erect, maintain, and operate facilities for the confinement,
25detention, and rehabilitation of persons convicted of the violation of the
26ordinances and laws of a consolidated local government or the
27Commonwealth of Kentucky;
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1(i)     Pass and enforce by fines and penalties, if necessary, all ordinances, not
2inconsistent with law, as are expedient in maintaining the peace, good
3government, health, and welfare of the inhabitants of the county and prevent,
4abate, and remove nuisances;
5(j)     Collect and dispose of garbage, junk, and other refuse, and regulate the
6collection and disposal of garbage, junk, and other refuse by others;
7(k)     Provide for the redevelopment, renewal, or rehabilitation of blighted,
8deteriorated, or dilapidated areas;
9(l)     Enforce zoning regulations;
10(m) Enter into contracts and agreements with other governmental entities and with
11private persons, firms, and corporations; and
12(n)     [Adopt procedures for collective bargaining with its employees and for the
13certification of exclusive bargaining agents for groups of employees in
14accordance with the Constitution and general laws of the Commonwealth of
15Kentucky and its ordinances; and
16(o)     ]Exercise all other powers and authorities granted to counties and cities of the
17first class by the general laws of the Commonwealth of Kentucky.
18 (4)    The powers of the consolidated local government shall be construed broadly in
19favor of the consolidated local government. The specific mention, or failure to
20mention, of particular powers in this section shall not be construed as limiting in
21any way the general or specific powers of a consolidated local government.
22 (5)    A consolidated local government shall have power and jurisdiction throughout the
23total area embraced by the official jurisdictional boundaries of the county.
24 (6)    A consolidated local government shall be known as............../.....................County
25Metro Government, which shall be the combination of the names of the largest city
26in existence on the date of the adoption of the consolidated local government and
27the county.
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1Section 10. KRS 67C.326 is amended to read as follows:
2 (1)    As used in this section:
3(a)     "Citizen" means any individual who is not:
41.       A member or supervisor within the law enforcement agency that
5employs an officer; or
62.       An elected or appointed official within the unit of government under
7which the law enforcement agency that employs the officer is organized;
8(b)     "Complaint" means any statement by a citizen, whether written or verbal, that
9alleges any type of misconduct by an officer, including any statement that is
10submitted or received anonymously;
11(c)     "Disciplinary action" means termination, demotion, a decrease in pay or
12grade, suspension without pay, or a written reprimand;
13(d)     "Interrogation" means a formal investigative interview and does not mean
14conversations or meetings of supervisory personnel and subordinate officers
15that are not intended to result in disciplinary action, such as conversations or
16meetings held for the purpose of providing corrective instruction, counseling,
17or coaching; and
18(e)     "Misconduct" means any act or omission by that officer that violates criminal
19law or the rules and administrative regulations of the department or
20consolidated local government.
21 (2)    In order to establish a minimum system of professional conduct for the police
22officers of consolidated local governments of this Commonwealth, the following
23standards are stated as the intention of the General Assembly to deal fairly and
24establish administrative due process rights for police officers of the consolidated
25local government and, at the same time, provide a means for redress by the citizens
26of the Commonwealth for wrongs allegedly done to them by police officers covered
27by this section.
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1 (3)    Any complaint taken from a citizen alleging misconduct on the part of any police
2officer, as defined herein, shall be taken as follows:
3(a)     If the complaint alleges criminal activity by a police officer, the allegations
4may be investigated without a signed, sworn complaint of the citizen;
5(b)     If the complaint alleges any other type of misconduct, an affidavit, signed and
6sworn to by the citizen, shall be obtained, except as provided by paragraph (c)
7of this subsection; or
8(c)     If a complaint is required to be obtained and the citizen, upon request, refuses
9to make allegations under oath in the form of an affidavit, signed and sworn
10to, the department may investigate the allegations, but shall bring charges
11under subsection (6) of this section against the police officer only if the
12department can independently substantiate the allegations absent the sworn
13statement of the citizen.
14 (4)    (a)     When an officer is accused of misconduct by any individual within the
15department employing the police officer, including supervisors and elected or
16appointed officials of the police officer's department, or by a citizen
17complaint, the department shall conduct any investigation subject to the
18provisions of subsection (5) of this section, formally charge the police officer
19in accordance with subsection (6) of this section, and conduct a hearing in
20accordance with subsection (7) of this section before any disciplinary action is
21taken against the police officer.
22(b)     The provisions of this subsection shall not prevent the department from
23suspending the police officer, with or without pay, during an investigation and
24pending the final disposition of any formal charges, except that a police
25officer suspended without pay shall be entitled to full back pay and benefits
26for the regular hours the officer would have worked if no formal charges were
27brought or the board finds the officer not guilty of the charges.
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1 (5)    (a)     Any complaint filed by a citizen under subsection (3) of this section or any
2allegation of misconduct under subsection (4) of this section shall be
3investigated by the department or another designated law enforcement agency
4if the department determines that an investigation of the complaint or the
5alleged misconduct is warranted.
6(b)     No threats, promises, or coercions shall be used at any time against any police
7officer while he or she is a suspect in a criminal or departmental matter.
8Suspension from duty with or without pay, or reassignment to other than an
9officer's regular duties during the period, shall not be deemed coercion. Prior
10to or within twenty-four (24) hours after suspending the officer pending
11investigation or disposition of a complaint, the officer shall be advised in
12writing of the reasons for the suspension.
13(c)     No police officer shall be subjected to interrogation in a departmental matter
14involving alleged misconduct on his or her part, until forty-eight (48) hours
15have expired from the time the request for interrogation is made to the
16accused officer, in writing. The interrogation shall be conducted while the
17officer is on duty. The notice of interrogation shall include a statement of any
18reason for the interrogation and served on the officer by certified mail, return
19receipt requested, or by personal delivery.
20(d)     If requested by the department no later than the end of the subject officer's
21next tour of duty after the tour of duty during which the department initially
22was made aware of the allegations of misconduct, the officer shall submit a
23written report of the alleged incident.
24(e)     If a police officer is under arrest, or likely to be arrested, or a suspect in any
25criminal investigation, he or she shall be afforded the same constitutional due
26process rights that are accorded to any civilian, including but not limited to
27the right to remain silent and the right to counsel, and shall be notified of
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1those rights before any questioning commences.
2 (6)    (a)     If it is determined through investigation or other means that the facts alleged
3in a citizen complaint or other allegation of misconduct warrant disciplining
4the officer, the department shall provide the officer the written statement
5required in KRS 67C.321(1)(a), which shall include sufficient specificity so as
6to fully inform the police officer of the nature and circumstances of the
7alleged violation in order that he or she may be able to properly defend
8himself or herself.
9(b)     The written statement shall be signed by the chief, set out the disciplinary
10action intended by the chief, and be served on the police officer in writing by
11certified mail, return receipt requested, or by personal delivery.
12(c)     When a police officer has been charged with misconduct, no public statements
13shall be made concerning the alleged violation by any person or persons of the
14consolidated local government or the police officer so charged, until final
15disposition of the charges.
16(d)     No police officer as a condition of continued employment by the consolidated
17local government shall be compelled to speak or testify or be questioned by
18any person or body of a nongovernmental nature.
19 (7)    Subject to KRS 67C.321 and 67C.325, a hearing shall be conducted by the board to
20determine whether the discipline issued by the chief is supported by a
21preponderance of the evidence and whether the disciplinary action recommended by
22the chief is justified. In conducting a hearing, the following administrative due
23process rights shall be recognized and these shall be the minimum rights afforded
24any police officer charged, except as otherwise agreed to in writing by the officer
25and the employing agency:
26(a)     The accused police officer shall have been given at least twelve (12) days'
27written notice of any hearing. The notice shall be served on the officer by
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1certified mail, return receipt requested, or by personal delivery;
2(b)     Copies of any sworn statements or affidavits to be considered by the board
3and any exculpatory statements or affidavits shall be furnished to the police
4officer no less than twelve (12) days prior to the time of any hearing;
5(c)     At any hearing based upon the sworn complaint of a citizen, the citizen shall
6be notified to appear at the time and place of the hearing by certified mail,
7return receipt requested, or by personal delivery;
8(d)     If the return receipt has been returned unsigned, or the citizen does not appear,
9except where due to circumstances beyond his or her control he or she cannot
10appear at the time and place of the hearing, any charge resulting from a
11complaint made by that citizen shall not be considered by the hearing
12authority and shall be dismissed with prejudice;
13(e)     The accused police officer shall have the right and opportunity to obtain and
14have counsel present, and to be represented by the counsel;
15(f)     The board shall subpoena and require the attendance of witnesses and the
16production by them of books, papers, records, and other documentary
17evidence at the request of the accused police officer or the chief. If any person
18fails or refuses to appear under the subpoena, or to testify, or to attend, or
19produce the books, papers, records, or other documentary evidence lawfully
20required, the board may report to the Circuit Court or any judge thereof the
21failure or refusal, and apply for a rule. The Circuit Court, or any judge thereof,
22may on the application compel obedience by proceedings for contempt as in
23the case of disobedience of the requirements of a subpoena issued from the
24court;
25(g)     The accused police officer shall be allowed to present witnesses and any
26documentary or other relevant evidence the police officer wishes to provide to
27the board, and may cross-examine all witnesses called by the charging party;
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1(h)     For any police officer suspended with or without pay who is not given a
2hearing as provided by this section within sixty (60) days his or her appeal of
3the final opinion by the chief or the chief's designee, the discipline and
4charges issued by the chief shall be dismissed with prejudice, shall not be
5considered by the board, and the officer shall be reinstated with full back pay
6and benefits;
7(i)     Any police officer who has been suspended without pay who is found not
8guilty of the charges by the board shall be reinstated with the full back pay
9and benefits for the regular hours he or she would have worked;
10(j)     The failure to provide any of the rights or to follow the provisions of this
11section may be raised by the officer with the hearing authority. The hearing
12authority shall not exclude proffered evidence based on failure to follow the
13requirements of this section but shall consider whether, because of the failure,
14the proffered evidence lacks weight or credibility and whether the officer has
15been materially prejudiced; and
16(k)     To the extent the provisions of KRS 61.805 to 61.850 are applicable, the
17board may conduct the hearing required by this subsection in a closed session
18unless the police officer requests of the board, in writing at least three (3) days
19prior to the hearing, that the hearing be open to the public.
20 (8)    As the provisions of this section relate to a minimum system of professional
21conduct, nothing in this section shall be interpreted or construed to:
22(a)     Limit or in any way affect any rights previously afforded to a police officer of
23the consolidated local government by statute[, collective bargaining or
24working agreement,] or legally adopted ordinance;
25(b)     Preclude a consolidated local government from investigating and charging a
26police officer both criminally and administratively; or
27(c)     Prevent the suspension, with or without pay or reassignment, of a police
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1officer during an investigation and pending the final disposition of charges.
2Section 11. KRS 78.425 is amended to read as follows:
3 (1)    All police officers of whatever rank and title, and all employees[, except civilian
4employees covered by a collective bargaining agreement,] of every county police
5force affected by KRS 78.400 to 78.460 and 78.990 are covered by the provisions
6hereof, except probationary officers and employees. All covered officers and
7employees of every county police force on active duty or service as of the effective
8date of an order of the fiscal court of the county creating a county police merit
9system and board, shall be deemed fit and qualified to continue their respective
10duties of employment on or for their respective county police force without
11examination or further qualification, except and unless the chief of police of any
12county police force shall, within sixty (60) days after the establishment of the
13board, certify to the board that any officer or employee is physically unfit to
14continue his or her duties.
15 (2)    If a merit system is established which covers a county fire department, the
16provisions of subsection (1) shall apply to the county fire department as they apply
17to the county police force.
18 (3)    All personnel covered by the provisions (a) of KRS 78.400 to 78.460, or (b) KRS
1967.323, 67.325 and this section, or both, except probationary officers and
20employees, shall be deemed to be permanent employees subject to their ability to
21satisfactorily perform their respective duties and further subject to their good
22behavior.
23 (4)    Probationary officers and employees shall not be included in the merit system until
24they satisfactorily complete their initial probationary periods established by the
25governing merit board. Officers and employees serving promotional probationary
26periods, however, shall not be deemed excluded from the merit system during the
27promotional probationary periods.
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1Section 12. KRS 95.290 is amended to read as follows:
2 (1)    The city legislative body in cities of the first class may enact ordinances providing
3for a system of pensions for retired and disabled members of the police and fire
4divisions of the department of public safety and their dependents, may appropriate
5funds for the purpose of paying such pensions, may allot and pay to the policemen's
6pension fund or the firefighters' pension fund or either or both of them, all fines and
7forfeitures imposed upon members of the respective divisions, and may provide for,
8assess, and collect contributions from the members for the benefit of the fund.
9 (2)    (a)     There shall be a governing body of the policemen's pension fund, and a
10governing body of the firefighters' pension fund. The governing bodies of the
11respective funds shall hold title to all assets in their respective funds, and shall
12have exclusive authority relating to investment of the assets of the funds,
13including contracting with investment advisors or managers to perform
14investment services as deemed necessary and prudent by the board. A
15majority of the governing body of each fund shall be composed of persons
16receiving pension benefits from the respective pension systems, and no more
17than one (1) member of the city legislative body may be a member of the
18governing body of either the policemen's or the firefighters' pension fund,
19except if there are fewer than six (6) active and retired members of the
20policemen's or the firefighters' pension fund, the governing body of the
21pension fund shall be composed of the mayor, city treasurer or chief financial
22officer, and two (2) employees appointed by the mayor from the city's
23respective police department or fire department. To be effective, an action of
24the governing body of a fund shall require only a simple majority of the votes
25cast at a properly convened meeting of the governing body where a quorum is
26present, with a quorum being a majority of the members of a governing body.
27(b)     If there are fewer than twelve (12) active and retired members or beneficiaries
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1of the policemen's or the firefighters' pension fund, the governing body of the
2fund may elect to offer to individuals entitled to benefits from the fund a one
3(1) time irrevocable option to convert monthly pension benefits from the fund
4to monthly annuity benefits from an insurance company for the same amount.
5An insurance company accepting a benefit transfer shall honor any features
6and options available under the existing plan. If the governing body of the
7fund elects to offer the option to convert monthly pension benefits to monthly
8annuity benefits, it shall provide to individuals entitled to benefits from the
9fund sufficiently complete and appropriate disclosures to assist in making an
10informed decision.
11(c)     If all liabilities to all individuals entitled to benefits from the policemen's
12pension fund or firefighters' pension fund have been satisfied, the ordinances
13establishing the fund may be repealed by the majority vote of the duly elected
14members of the entire legislative body. If repealed, the governing body of the
15policemen's or firefighters' pension fund shall, within sixty (60) days of
16repeal, proceed with the liquidation of any residual assets of the fund. All
17residual assets liquidated pursuant to this paragraph shall be distributed by the
18governing body to the city's general fund provided the return of assets
19complies with federal and state law governing the distribution of assets.
20Within thirty (30) days following the distribution of residual assets, the
21governing body of the fund shall as its last act file a complete report with the
22legislative body of the city, for retention by the city clerk the same as for other
23city records, of the actions taken to dissolve the fund and liquidate residual
24assets of the fund.
25 (3)    Any policemen's pension fund or any firefighters' pension fund established under
26the provisions of this section shall be held or distributed for, and only for, any of the
27following purposes of the respective fund as applicable:
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1(a)     Paying pensions, and any bonus payments under applicable ordinances;
2(b)     Making payments to the city for transfer to the County Employees Retirement
3System for alternate participation pursuant to KRS 78.530(3)(a) and 78.531(2)
4or for the distribution of residual assets in the event the fund is dissolved
5pursuant to subsection (2)(c) of this section;
6(c)     Making payments to the city for transfer to an insurance company for
7conversion of monthly pension benefits to monthly annuity benefits as
8provided in subsection (2)(b) of this section;
9(d)     Transferring pension assets through investment contract or other financial
10instrument for the purpose of amortizing unfunded service liabilities; and
11(e)     Payment from the city to the County Employees Retirement System for future
12pension contributions required pursuant to KRS 61.702 and 78.635.
13Pursuant to the terms of this section, if policemen of the city of the first class elect
14entry into the County Employees Retirement System and thereby create excess
15funds over those required to provide for the purposes set forth in paragraphs (a), (b),
16(c), (d), and (e) of this subsection, these excess funds shall be distributed to the city
17for use by the city for any other purpose it may elect, including but not limited to
18the establishment of a reserve for payment under paragraph (e) of this subsection.
19The governing board of the fund may annually expend for the necessary expenses
20connected with the fund, including but not limited to expenses for medical,
21actuarial, accounting, and legal services, the amount such governing board deems
22proper.
23(f)     Payment from the city to the County Employees Retirement System for future
24pension contributions required pursuant to KRS 61.702 and 78.635. Pursuant
25to the terms of this section, if firefighters of the city of the first class elect
26entry into the County Employees Retirement System and thereby create
27excess funds over those required to provide for the purposes set forth in
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1paragraphs (a), (b), (c), (d), and (e) of this subsection, these excess funds shall
2be distributed according to the terms of an agreement negotiated between the
3city and the union organization representing the firefighters. The city may use
4its share of the distributed excess funds for any purpose it may elect, including
5but not limited to the establishment of a reserve for payment under paragraph
6(f) of this subsection.
7 (4)    (a)     The governing body of each pension fund shall ensure that all of the assets in
8the fund are distributed for the purposes in subsection (3) of this section, and
9only for these purposes. If in any calendar year the assets in either fund
10exceed those needed for the actuarial liability for payment of pension benefits
11and any anticipated liabilities under subsection (3)(b) and (d) of this section,
12the legislative body of the city establishing the pension system shall ensure by
13pension bonus ordinance that a portion of these excess funds be distributed in
14an equitable manner to all eligible pension recipients. Nothing in this
15subsection shall be construed to require any change to be made to any pension
16ordinance as it exists on July 15, 1998.
17(b)     The governing board of either fund may annually expend for the necessary
18expenses connected with the fund, including but not limited to expenses for
19medical, actuarial, accounting, and legal or other professional services, the
20amount such governing board deems proper.
21 (5)    Any ordinance establishing a pension fund under this section shall make equitable
22provision for the rights of persons having an interest in assets transferred to the fund
23from any fund heretofore established by statute.
24 (6)    To assure equal protection for the beneficiaries of either fund, any action taken by
25the city executive or legislative body in cities of the first class that affects a
26policemen's pension fund or a firefighters' pension fund established under this
27section shall, to the maximum extent permitted by law, treat each fund in a uniform
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1manner and shall not cause any change to be made to the structure or operation of
2either fund, whether through legislation, litigation, compromise, settlement, or
3otherwise, unless any proposed change is offered to the other fund before it takes
4effect. Nothing in this subsection shall be construed to require any change to be
5made to any pension ordinance as it exists on July 15, 1998.
6 (7)    The legislative body in a city of the first class shall issue the appropriate order,
7pursuant to KRS 78.530(1), directing participation for policemen in the County
8Employees Retirement System. All new employees who would have been granted
9membership in the local policemen's pension system shall be members of the
10County Employees Retirement System. All active members of the local policemen's
11pension system at the time of transition to the County Employees Retirement
12System may choose membership in the County Employees Retirement System or
13may retain membership in the local system. The city shall elect the alternate
14participation plan, pursuant to KRS 78.530(3), for policemen who transfer to the
15County Employees Retirement System. Notwithstanding the provisions of KRS
1678.530(3)(b), the city may, at its option, extend the payment period for the cost of
17alternate participation to a maximum of twenty (20) years with the interest at the
18rate actuarially assumed by the board. The city shall have the right to use assets in
19the local pension fund, other than assets necessary to pay benefits to the remaining
20active members of the local policemen's pension system and to retirees and their
21survivors as determined by actuarial valuation, to assist in the payment of the
22annual installment cost of alternate participation. All policemen who become
23members of the County Employees Retirement System pursuant to this section shall
24be granted hazardous duty coverage, and the city may, at its option, purchase
25accumulated sick leave for each policeman upon retirement pursuant to KRS
2678.616.
27 (8)    The legislative body in a city of the first class may issue the appropriate order,
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1pursuant to KRS 78.530(1), directing participation for firefighters in the County
2Employees Retirement System. In the event that the legislative body in a city of the
3first class issues such an order, then all new employees who would have been
4granted membership in the local firefighters' pension system shall be members of
5the County Employees Retirement System. All active members of the local
6firefighters' pension system at the time of transition to the County Employees
7Retirement System may choose membership in the County Employees Retirement
8System or may retain membership in the local system. The city shall elect the
9alternate participation plan, pursuant to KRS 78.530(3), for firefighters who transfer
10to the County Employees Retirement System. Notwithstanding the provisions of
11KRS 78.530(3)(b), the city may, at its option, extend the payment period for the
12cost of alternate participation to a maximum of twenty (20) years with the interest at
13the rate actuarially assumed by the board. The city shall have the right to use assets
14in the local firefighters' pension fund, other than assets necessary to pay benefits to
15the remaining active members of the local firefighters' pension system and to
16retirees and their survivors as determined by actuarial valuation, to assist in the
17payment of the annual installment cost of alternate participation. After certification
18by the County Employees Retirement System of eligibility for hazardous duty
19coverage, each firefighter who becomes a member of the County Employees
20Retirement System pursuant to this section shall be granted hazardous duty
21coverage.
22 (9)    [Notwithstanding the provisions of KRS 61.702 and 78.635, which relate to the
23contributions required of participating employers, any city of the first class
24participating in the County Employees Retirement System hazardous duty pension
25plan which has in effect a collective bargaining agreement with a group of
26employees who participate in said plan, shall have the right to enter into agreement
27with its employees or with their respective collective bargaining representatives.
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1This agreement may include but is not limited to specifications of what portion of
2the required employer contribution shall be borne by the participating employer and
3what portion shall be borne by the participating employee. This provision in no way
4modifies the employer's obligation to remit the contributions required by the
5County Employees Retirement System pursuant to KRS 61.702 and 78.635,
6whether such contributions are borne by the city or by its participating employees.
7 (10) ]With regard to the employer participation or employer contributions pursuant to
8KRS 61.702 and 78.635 as it relates to future pension contribution requirements or
9as it relates to payback period or interest charge for service liability cost under
10alternate participation, if any statute or any resolution of the appropriate state board
11of trustees having authority over employer participation or employer contribution
12grants any terms or conditions to any city of the home rule class, or to any county,
13or to any urban-county government, which are more favorable in terms of
14participation than terms or conditions granted to any city of the first class, then said
15provisions for employer participation or contribution shall be available to the city of
16the first class, at its option and effective upon adoption by the city of the first class
17and notification to the County Employees Retirement System.
18Section 13. KRS 95.500 is amended to read as follows:
19 (1)    The chief of the fire department in cities or urban-county governments, or an officer
20acting under his or her authority:
21(a)     Shall be present at all fires and investigate their cause;
22(b)     May examine witnesses, compel the production of testimony, administer
23oaths, make arrests, and enter any building for the purpose of examination
24that, in his or her opinion, is in danger from fires; and
25(c)     Shall report his or her proceedings to the city legislative body when required.
26 (2)    The chief shall:
27(a)     Direct and control the operations of the members of the fire department in the
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1discharge of their duties;
2(b)     Have access to and use of all cisterns, fireplugs, the waters of the waterworks,
3and the cisterns of private persons, for the purpose of extinguishing fires;
4(c)     Have the right to examine all cisterns, and all plugs and pipes of the
5waterworks, to see that they are in condition for use in case of fire;
6(d)     Have control of all buildings, hose, engines, and other equipment provided for
7the fire department; and
8(e)     Perform such other duties as the legislative body shall, by ordinance,
9prescribe.
10 (3)    (a)     The fire department of each city listed on the registry pursuant to subsection
11(5) of this section or urban-county government shall be divided into three (3)
12platoons of firefighters. Each platoon, excluding the chief, the assistant chief,
13clerical employees, maintenance employees, fire inspectors, fire investigators,
14and arson investigators, in fire departments in the cities listed on the registry
15or in urban-county governments, shall be on duty for:
161.       Twenty-four (24) consecutive hours, after which the platoon serving
17twenty-four (24) hours shall be allowed to remain off duty for forty-
18eight (48) consecutive hours;
192.       [Unless otherwise provided in a collective bargaining agreement, ]Be on
20forty-eight (48) consecutive hours, after which the platoon serving forty-
21eight (48) consecutive hours shall be allowed to remain off duty for the
22following ninety-six (96) consecutive hours; or
233.       [Unless otherwise provided in a collective bargaining agreement,
24]Twenty-four (24) hours, after which the platoon serving twenty-four
25(24) hours shall be allowed to remain off duty for seventy-two (72)
26hours, after which that platoon shall be on duty again for forty-eight (48)
27hours, then shall be allowed to remain off duty again for seventy-two
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1(72) hours;
2except in cases of dire emergency. The chief of the fire department shall
3arrange the schedule of working hours to comply with the provisions of this
4section. The pay, rank, or benefits of the members and officers of the fire
5department shall not be reduced as a result of this subsection.
6(b)     [Notwithstanding paragraph (a) of this subsection, any city or urban-county
7government that maintains a collective bargaining agreement with members
8of its fire department may reach an agreement with the bargaining unit to
9establish an alternative staffing and scheduling plan for the operation of its
10fire department.
11(c)     ]Any change in a work schedule made pursuant to this subsection shall not
12result in a decrease in the compensation of firefighters, exclusive of
13unscheduled overtime.
14 (4)    In each city or urban-county government listed on the registry, all employees of the
15fire department shall be given not less than two (2) weeks leave of absence
16annually, with full pay.
17 (5)    On or before January 1, 2015, the Department for Local Government shall create a
18registry of cities that shall be required to comply with the provisions of subsections
19(3) and (4) of this section. The Department for Local Government shall include
20each of those cities on the registry that were classified as cities of the second class
21on August 1, 2014. The Department for Local Government shall make the
22information included on the registry available to the public by publishing it on its
23website.
24Section 14. KRS 96A.200 is amended to read as follows:
25 If an authority acquires an existing transit system, the authority shall assume and observe
26 all existing labor contracts and pension obligations. All employees of such system who
27 are necessary for the operation thereof by the authority shall be transferred to and
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1 appointed as employees of the authority. Such employees shall be given seniority credit
2 and sick leave, vacation, insurance, and pension credits in accordance with the records or
3 labor agreements from the acquired transit system. The authority shall assume the
4 obligations of any transit system acquired by it with regard to wages, salaries, hours,
5 working conditions, sick leave, health and welfare and pension or retirement provisions
6 for employees. The authority and the employees[, through their representatives for
7 collective bargaining purposes,] shall take whatever action may be necessary to have
8 pension trust funds presently under the joint control of the acquired transportation system
9 and the participating employees through their representatives transferred to the trust fund
10 to be established, maintained and administered jointly by the authority and the
11 participating employees through their representatives. No employee of any acquired
12 transportation system who is transferred to a position with the authority shall by reason of
13 such transfer be placed in any worse position with respect to workers' compensation,
14 pension, seniority, wages, sick leave, vacation, health and welfare insurance or any other
15 benefits than he enjoyed as an employee of such acquired transportation system.
16Section 15. KRS 160.1599 is amended to read as follows:
17 (1)    An existing public school not scheduled for closure may be converted into a public
18charter school and be identified to become a conversion public charter school if an
19applicant indicates to a valid authorizer the intent to convert an existing public
20school into a conversion public charter school.
21 (2)    A conversion public charter school may only be established if:
22(a)     A school has been identified by the Kentucky Department of Education as
23performing in the lowest five percent (5%) of its level and sixty percent (60%)
24of the parents or guardians of students who attend the school have signed a
25petition requesting the conversion, which shall be completed and submitted to
26a valid authorizer no later than ninety (90) days after the date of the first
27signature;
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1(b)     A school has been identified by the Kentucky Department of Education as not
2performing in the lowest five percent (5%) of its level and sixty percent (60%)
3of the parents or guardians of students who attend the school have signed a
4petition requesting the conversion, which is approved by a majority vote of
5the local school board. If approved the completed petition shall be submitted
6to a valid authorizer no later than ninety (90) days after the date of the first
7signature; or
8(c)     The local school board votes to convert an existing public school over which
9it has authority.
10 (3)    For each conversion option identified in subsection (2) of this section, the Kentucky
11Board of Education shall promulgate administrative regulations to govern the
12processes and procedures for the petition, the conversion, and the operation of a
13conversion public charter school.
14 (4)    A conversion public charter school shall be governed by a board of directors
15constituted and empowered as provided in KRS 160.1592.
16 (5)    A conversion public charter school shall continue to comply with all federal and
17state requirements concerning the treatment of children with special needs and
18accept all students who attended the school prior to its conversion who wish to
19attend.
20 (6)    A conversion public charter school shall hire its own employees.
21 (7)    An employee who works in a conversion public charter school shall be an employee
22of the public charter school.
23 (8)    [(a) For any collective bargaining agreement entered into on or after June 29,
242017, a governing board shall not be bound by its collective bargaining
25agreement for employees of a conversion public charter school.
26(b)     Employees of a conversion public charter school may organize and
27collectively bargain only as a unit separate from other school employees.
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1 (9)    ]A conversion public charter school shall continue to be housed in the same public
2school facility and shall have the option of using the existing assets of the school.
3Section 16. KRS 161.141 is amended to read as follows:
4 (1)    As used in this section, "education service provider," "public charter school," "local
5school board," and "local school district" have the same meanings as in KRS
6160.1590.
7 (2)    (a)     Public charter school employees shall participate in the Teachers' Retirement
8System or the County Employees Retirement System, as determined by their
9eligibility for participation in the appropriate system and provided the public
10charter school satisfies the criteria set by the Internal Revenue Service to
11participate in a governmental retirement plan.
12(b)     Teachers and other certified personnel shall make any required employee
13contributions to the Teachers' Retirement System under KRS 161.220 to
14161.716.
15(c)     Classified employees shall make any required employee contributions to the
16County Employees Retirement System under KRS 78.510 to 78.852.
17(d)     A public charter school shall participate in the state-sponsored health
18insurance program on the same basis as a local school district pursuant to
19KRS 18A.225.
20(e)     Any state appropriation for retirement, health, or life insurance benefits made
21on behalf of a local public employee or a school district employee shall also
22be made on behalf of a public charter school employee.
23(f)     A public charter school shall make any required employer contributions to the
24Teachers' Retirement System under KRS 161.220 to 161.716 and the County
25Employees Retirement System under KRS 78.510 to 78.852 in the same
26manner as local school districts.
27(g)     For the purposes of calculating sick leave credit under KRS 161.220 to
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1161.716, teachers and other certified personnel of a public charter school shall
2not accumulate more days of sick leave during their employment with the
3public charter school than they would have otherwise accumulated as a
4certified employee of the school district of location.
5 (3)    [(a) A public charter school employee shall not be required to be a member of any
6collective bargaining agreement.
7(b)     A public charter school employee who enters into any collective bargaining
8unit must do so as a separate unit from the local school district.
9 (4)    ]A local school board shall not require any employee of the local school district to
10be employed in a public charter school or any student enrolled in the school district
11to attend a public charter school.
12 (4)[(5)]       A local school board shall not harass, threaten, discipline, discharge, retaliate,
13or in any manner discriminate against any district employee involved directly or
14indirectly with an application to establish a public charter school.
15 (5)[(6)]       An employee of an education service provider shall not be considered a public
16charter school employee, but shall meet the same certification and background
17check requirements otherwise required of a public charter school employee.
18Section 17. KRS 304.48-250 is amended to read as follows:
19 (1)    If the assets of a liability self-insurance group are at any time insufficient to enable
20the group to discharge its legal liabilities, other obligations, and to maintain the
21required reserves under this subtitle, the group shall immediately levy an
22assessment upon its members for the amount necessary to make up the deficiency.
23 (2)    If there is a deficiency in any fund year, the deficiency shall be made up
24immediately, from the following:
25(a)     Surplus from a fund year other than the current fund year after prior notice of
26the transfer has been given to the commissioner;
27(b)     Administrative funds;
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1(c)     Assessment of membership; or
2(d)     Alternate methods as the commissioner may direct or approve.
3 (3)    If a liability self-insurance group fails to assess its members within thirty (30) days
4to make up a deficit, the commissioner shall order it to do so. This subsection shall
5not apply to liability self-insurance groups formed by governmental entities which
6do not have joint and several liability.
7 (4)    If a liability self-insurance group fails to make the required assessment of its
8members within thirty (30) days after the commissioner orders it to do so, or if the
9deficiency is not fully made up within sixty (60) days after the date on which the
10assessment is made, or within a longer period of time as may be permitted by the
11commissioner, the group shall be determined to be insolvent and may be placed in
12delinquency proceedings as an insurer pursuant to Subtitle 33 of this chapter.
13 (5)    (a)     Governmental entities that:
141.       Participate or have participated in a liability self-insurance group
15authorized by this subtitle; and
162.       Are assessed by the liability self-insurance group to cover an accrued
17deficit;
18may finance the payment of the assessment over a period not to exceed twenty
19(20) years.
20(b)     Financing obtained pursuant to paragraph (a) of this subsection may be
21accomplished by:
221.       The issuance of bonds, notes, or other obligations; or
232.       A lease, installment payment agreement, or other similar agreement.
24(c)     If the governmental entity fails to make a scheduled payment on the financing
25obtained pursuant to paragraph (a) of this subsection, any payments due to
26that governmental entity shall be withheld or intercepted using the process
27established in KRS 160.160(7)[(6)].
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1 (6)    Except as provided in subsection (5) of this section, all other provisions of the
2Kentucky Revised Statutes applying to any financing obtained by a governmental
3entity shall apply.
4Section 18. KRS 304.50-055 is amended to read as follows:
5 (1)    As used in this section, "nationally recognized statistical rating organization" or
6"NRSRO" means a credit rating agency approved by the United States Securities
7and Exchange Commission to provide assessments of the creditworthiness of
8financial instruments.
9 (2)    A workers' compensation self-insured group shall establish plans for premium
10payment, determination and collection of assessments, and for declaration and
11payment of dividends or other disbursements, which shall be filed for prior
12approval with the commissioner. Any change in the plans for premium payment,
13assessments, or dividends shall be filed for prior approval with the commissioner.
14Approval of plans for assessments and dividends does not constitute approval of
15any particular assessment or dividend by the commissioner.
16 (3)    Prior to the inception of each group member's self-insurance year, the trustees shall
17collect from that member at least twenty-five percent (25%) of the estimated
18premium for the ensuing year, except that in the case of a self-insured group formed
19by governmental entities twenty-five percent (25%) of the estimated premium for
20the ensuing year shall be collected no later than thirty (30) days after the beginning
21of the self-insured group's self-insurance year. The balance of the estimated
22premium shall be collected in either quarterly or monthly installments as set forth in
23the enabling documents described in KRS 304.50-030(2)(b) or 304.50-060(2)(b).
24Each group member's payroll shall be audited annually and an adjustment to
25premium shall be made accordingly.
26 (4)    A disbursement from a workers' compensation self-insured group fund shall be for
27a purpose related to the self-insured group. A dividend shall not be approved or
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1paid until at least thirty-six (36) months after the expiration of the self-insurance
2year and shall be paid from surplus funds not required for payment of claims or
3other liabilities. The dividends shall be paid or credited to members according to the
4reasonable classifications the trustees may establish. A dividend shall not be paid
5which unfairly discriminates between members of the same classifications. A
6dividend plan shall specify whether past group members are eligible for the
7dividend. Payment of a dividend under a dividend plan shall not be made unless the
8self-insured group has notified the commissioner of its intent to make a dividend
9payment at least thirty (30) days prior to the payment, and the commissioner has not
10disapproved the payment within that time.
11 (5)    The formula to be used for collection of assessments shall be determined by the
12trustees and approved by the commissioner. Assessments shall be fair and equitable
13and shall not unfairly discriminate between members of the same classification.
14 (6)    A trustee, fiscal agent, or service organization shall not utilize an asset of the self-
15insured group for a purpose unrelated to workers' compensation. The trustees shall
16maintain cash or cash equivalent accounts as may be prudently necessary to pay
17expenses without having to liquidate long-term investments.
18 (7)    The trustees may invest funds in:
19(a)     United States Government bonds, United States Treasury notes, Treasury
20bills, or other direct obligations guaranteed by the full faith and credit of the
21United States Government or its agencies;
22(b)     Tax exempt and taxable obligations issued by any state or any of its agencies,
23counties, cities, municipalities, districts, political subdivisions, or other legal
24authorities within the United States of America with a minimum rating of
25"BBB" by any NRSRO, except that no less than fifty percent (50%) of the
26investments made under this paragraph shall be in obligations issued by the
27Commonwealth, its agencies, or a county, city district, municipality, political
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1subdivision, or other legal authority within the Commonwealth;
2(c)     Investment share accounts in a savings and loan association in the
3Commonwealth whose deposits are insured by a federal agency;
4(d)     Certificates of deposit if issued by a duly chartered commercial bank;
5(e)     1.       At the time of purchase, equity securities actively traded on the New
6York or NASDAQ Stock Exchanges or other registered national
7securities exchanges with no individual equity holding comprising
8greater than ten percent (10%) of the equity portion of the portfolio
9reflected on the most recent quarterly or annual statement of financial
10condition on file with the commissioner.
112.       An investment in an individual equity holding shall not represent at the
12time of purchase more than five percent (5%) of the total market value
13of the security.
143.       At the time of purchase, investments in equity securities shall not exceed
15twenty percent (20%) of the total market value of the investment
16portfolio of the self-insured group reflected on the most recent quarterly
17or annual statement of financial condition on file with the commissioner;
18(f)     Corporate bonds if:
191.       The bond is issued, assumed, or guaranteed by a solvent institution
20created or existing under the laws of the United States, or a state,
21province, district, or territory;
222.       At the time of purchase, the corporate bond investments do not exceed
23twenty-five percent (25%) of the total market value of the investment
24portfolio reflected on the most recent quarterly or annual statement of
25financial condition on file with the commissioner; and
263.       The bond has a minimum rating of "BBB" by any NRSRO;
27(g)     At the time of purchase, mutual funds and exchange traded funds if the
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1investments do not exceed twenty percent (20%) of the total market value of
2the investment portfolio reflected on the most recent quarterly or annual
3statement of financial condition on file with the commissioner; and
4(h)     Asset-backed securities if:
51.       The bond is issued, assumed, or guaranteed by a solvent institution
6created or existing under the laws of the United States, or a state,
7province, district, or territory;
82.       The asset-backed security investments do not exceed ten percent (10%)
9of the total market value of the investment portfolio reflected on the
10most recent quarterly or annual statement of financial condition on file
11with the commissioner; and
123.       The bond has a minimum rating of "BBB" by any NRSRO.
13 (8)    Of the aggregate investments made by the trustees of the self-insured group under
14this section:
15(a)     Not less than fifty percent (50%) of the total market value of the entire
16investment portfolio shall be held in cash, cash equivalents, or securities as
17described in subsection (7)(a) to (d) of this section; and
18(b)     A minimum of five percent (5%) of the total investment portfolio value shall
19be maintained in cash or cash equivalent accounts or United States Treasury
20and Federal Agency Securities with a remaining maturity of one (1) year or
21less.
22 (9)    In the event that any security investment authorized by subsection (7) of this section
23is downgraded below "BBB," the workers' compensation self-insurance group shall
24divest itself of that investment as prudently as possible without incurring
25unnecessary losses.
26 (10) The commissioner may permit variation from the requirements of this section for
27good cause.
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1 (11) (a)       Governmental entities that:
21.       Participate or have participated in a workers' compensation self-insured
3group authorized by this subtitle; and
42.       Are assessed by the workers' compensation self-insured group to cover
5an accrued deficit;
6may finance the payment of the assessment over a period not to exceed twenty
7(20) years.
8(b)     Financing obtained pursuant to paragraph (a) of this subsection may be
9accomplished by:
101.       The issuance of bonds, notes, or other obligations; or
112.       A lease, installment payment agreement, or other similar agreement.
12(c)     If the governmental entity fails to make a scheduled payment on the financing
13obtained pursuant to paragraph (a) of this subsection, any payments due to
14that governmental entity shall be withheld or intercepted using the process
15established in KRS 160.160(7)[(6)].
16 (12) Except as provided in subsection (11) of this section, all other provisions of the
17Kentucky Revised Statutes applying to any financing obtained by a governmental
18entity shall apply.
19Section 19. KRS 336.130 is amended to read as follows:
20 (1)    Employees may, free from restraint or coercion by the employers or their agents,
21associate        collectively    for   self-organization   and    designate    collectively
22representatives of their own choosing to negotiate the terms and conditions of their
23employment to effectively promote their own rights and general welfare.
24Employees, collectively and individually, may strike, engage in peaceful picketing,
25and assemble collectively for peaceful purposes, except that no public employee,
26collectively or individually, may engage in a strike or a work stoppage[. Nothing in
27this statute and KRS 65.015, 67A.6904, 67C.406, 70.262, 78.470, 78.480, 336.132,
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1336.134, 336.180, 336.990, and 345.050 shall be construed as altering, amending,
2granting, or removing the rights of public employees to associate collectively for
3self-organization and designate collectively representatives of their own choosing to
4negotiate the terms and conditions of their employment to effectively promote their
5own rights and general welfare].
6 (2)    Neither employers or their agents nor employees or associations, organizations or
7groups of employees shall engage or be permitted to engage in unfair or illegal acts
8or practices or resort to violence, intimidation, threats or coercion.
9 (3)    (a)     Notwithstanding subsection (1) of this section or any provision of the
10Kentucky Revised Statutes to the contrary, no employee shall be required, as a
11condition of employment or continuation of employment, to:
121.       Become or remain a member of a labor organization;
132.       Pay any dues, fees, assessments, or other similar charges of any kind or
14amount to a labor organization; or
153.       Pay to any charity or other third party, in lieu of these payments, any
16amount equivalent to or pro rata portion of dues, fees, assessments, or
17other charges required of a labor organization.
18(b)     As used in this subsection, the term "employee" means any person employed
19by or suffered or permitted to work for a public or private employer.
20 (4)    The secretary of the Education and Labor Cabinet or his or her representative shall
21investigate complaints of violations or threatened violations of subsection (3) of this
22section and may initiate enforcement of a criminal penalty by causing a complaint
23to be filed with the appropriate local prosecutor and ensure effective enforcement.
24 (5)    Except in instances where violence, personal injury, or damage to property have
25occurred and such occurrence is supported by an affidavit setting forth the facts and
26circumstances surrounding such incidents, the employees and their agents shall not
27be restrained or enjoined from exercising the rights granted them in subsection (1)
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1of this section without a hearing first being held, unless the employees or their
2agents are engaged in a strike in violation of a "no strike" clause in their labor
3contract.
4 (6)    Submission of a false affidavit concerning violence, personal injury, or damage to
5property shall constitute a violation of KRS 523.030. In the absence of any such
6affidavit alleging violence, personal injury, or damage injunctions shall be issued
7only by a Circuit Judge or other justice or judge acting as a Circuit Judge pursuant
8to law.
9Section 20. KRS 337.285 is amended to read as follows:
10 (1)    No employer shall employ any of his or her employees for a work week longer than
11forty (40) hours, unless such employee receives compensation for his or her
12employment in excess of forty (40) hours in a work week at a rate of not less than
13one and one-half (1-1/2) times the hourly wage rate at which he or she is employed.
14 (2)    This provision shall not apply to the following:
15(a)     Employees of retail stores engaged in work connected with selling,
16purchasing, and distributing merchandise, wares, goods, articles, or
17commodities;
18(b)     Employees of restaurant, hotel, and motel operations;
19(c)     Employees as defined and exempted from the overtime provision of the Fair
20Labor Standards Act in Sections 213(b)(1), 213(b)(6), 213(b)(10), and
21213(b)(17) of Title 29, U.S.C.;
22(d)     Employees whose function is to provide twenty-four (24) hour residential care
23on the employer's premises in a parental role to children who are primarily
24dependent, neglected, and abused and who are in the care of private nonprofit
25childcaring facilities licensed by the Cabinet for Health and Family Services
26under KRS 199.640 to 199.670; or
27(e)     Any individual who is employed by a third-party employer or agency other
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1than the family or household using his or her services to provide in-home
2companionship services for a sick, convalescing, or elderly person.
3 (3)    As used in subsection (2) of this section, "companionship services" means those
4services which provide in-home fellowship, care, and protection for a person who,
5because of advanced age or physical or mental infirmity, cannot care for his or her
6own needs. These services may include household work related to the care of the
7aged or infirm person such as meal preparation, bed making, washing of clothes,
8and other similar services. They may also include the performance of general
9household work, provided that the household work is incidental, i.e., does not
10exceed twenty percent (20%) of the total weekly hours worked. The term
11"companionship services" does not include services relating to the care and
12protection of the aged or infirm which require and are performed by trained
13personnel, such as a registered or practical nurse.
14 (4)    Notwithstanding the provisions of subsection (1) of this section or any other chapter
15of the KRS to the contrary, upon written request by a county or city employee or a
16Trooper R Class or CVE R Class, made freely and without coercion, pressure, or
17suggestion by the employer, and upon a written agreement reached between the
18employer and the county or city employee or the Trooper R Class or CVE R Class
19before the performance of the work, a county or city employee or a Trooper R Class
20or CVE R Class who is authorized to work one (1) or more hours in excess of the
21prescribed hours per week may be granted compensatory leave on an hour-for-hour
22basis. Upon the written request by a county or city employee or a Trooper R Class
23or CVE R Class, made freely and without coercion, pressure, or suggestion by the
24employer, and upon a written agreement reached between the employer and the
25county or city employee or the Trooper R Class or CVE R Class, before the
26performance of the work, a county or city employee or a Trooper R Class or CVE R
27Class who is not exempt from the provisions of the Federal Fair Labor Standards
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1Act of 1938, as amended, 29 U.S.C. sec. 201 et seq., may be granted compensatory
2time in lieu of overtime pay, at the rate of not less than one and one-half (1-1/2)
3hours for each hour the county or city employee or the Trooper R Class or CVE R
4Class is authorized to work in excess of forty (40) hours in a work week.
5 (5)    (a)     Upon the request of the county or city employee or the Trooper R Class or
6CVE R Class, and as provided in subsection (4) of this section, compensatory
7time shall be awarded as follows:
81.       A county or city employee who provided work in excess of forty (40)
9hours in a public safety activity, an emergency response activity, or a
10seasonal activity as described in 29 C.F.R. sec. 553.24, may accrue not
11more than four hundred eighty (480) hours of compensatory time; or
122.       A county or city employee or a Trooper R Class or CVE R Class
13engaged in other work in excess of forty (40) hours, may accrue not
14more than two hundred forty (240) hours of compensatory time.
15(b)     A county or city employee or a Trooper R Class or CVE R Class who has
16accrued four hundred eighty (480) hours of compensatory time off pursuant to
17paragraph (a)1. of this subsection, or two hundred forty (240) hours of
18compensatory time off pursuant to paragraph (a)2. of this subsection, shall for
19additional overtime hours of work, be paid overtime compensation.
20 (6)    A county or city employee or a Trooper R Class or CVE R Class who has accrued
21compensatory time off as provided in subsection (4) of this section, and who
22requested the use of compensatory time, shall be permitted by the employer to use
23the compensatory time within a reasonable period after making the request if the
24use of the compensatory time does not unduly disrupt the operations of the
25employer. Mere inconvenience to the employer shall not constitute a sufficient basis
26for denial of a county or city employee's request or a Trooper R Class or CVE R
27Class request for compensatory time off.
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1 (7)    If compensation is paid to a county or city employee or a Trooper R Class or CVE
2R Class for accrued compensatory time off, the compensation shall be paid at the
3regular rate earned by the county or city employee or the Trooper R Class or CVE
4R Class at the time the county or city employee or the Trooper R Class or CVE R
5Class receives the payment.
6 (8)    Upon a county or city employee's termination of employment or the termination of
7employment of a Trooper R Class or CVE R Class, all unused accrued
8compensatory time shall be paid at a rate of compensation not less than:
9(a)     The average regular rate received by the county or city employee or the
10Trooper R Class or CVE R Class during the last three (3) years of the
11employment of the county or city employee or Trooper R Class or CVE R
12Class; or
13(b)     The final regular rate received by the county or city employee or Trooper R
14Class or CVE R Class, whichever is higher.
15 (9)    Compensatory time shall not be used as a means to avoid statutory overtime
16compensation. A county or city employee or a Trooper R Class or CVE R Class
17shall have the right to use compensatory time earned and shall not be coerced to
18accept more compensatory time than an employer can realistically and in good faith
19expect to be able to grant within a reasonable period upon the county or city
20employee or the Trooper R Class or CVE R Class making the request for
21compensatory time off.
22 (10) [Nothing in subsections (4) to (9) of this section shall be construed to supersede any
23collective bargaining agreement, memorandum of understanding, or any other
24agreement between the employer and representative of the county or city employees
25or the Trooper R Class or CVE R Class.
26 (11) ]As used in subsections (4) to (9) of this section:
27(a)     "County or city employee" means an employee of any county, city, charter
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1county, consolidated local government, unified local government, or urban-
2county government, including an employee of a county or city elected official;
3(b)     "CVE R Class" has the same meaning as in KRS 16.010; and
4(c)     "Trooper R Class" has the same meaning as in KRS 16.010.
5 (11)[(12)] In addition to the designation of a work week under subsection (1) of this
6section, local governments, as defined in KRS 95A.210(5), may designate a work
7period for professional firefighter employees as defined in KRS 95A.210. The
8designated work period shall be not less than one (1) work week of seven (7)
9consecutive days and not more than four (4) work weeks of twenty-eight (28)
10consecutive days for purposes of complying with the requirements of the Federal
11Labor Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq. This
12subsection shall not exempt local governments from complying with the overtime
13requirements set forth in subsection (1) of this section and is intended to:
14(a)     Clarify the option to designate both a work week for compliance with
15Kentucky law and a work period for compliance with the Fair Labor
16Standards Act of 1938, as amended, 29 U.S.C. sec. 201 et seq.; and
17(b)     Allow for the application of the partial exemption set forth in 29 U.S.C. sec.
18207(k) in determining overtime pay under the Fair Labor Standards Act of
191938, as amended, 29 U.S.C. sec. 201 et seq., only.
20 (12)[(13)] (a)  A law enforcement department of a consolidated local government
21organized under KRS Chapter 67C, a city of the home rule class, or a sheriff's
22office or county police force, shall not be deemed to have violated subsection
23(1) of this section with respect to the employment of a peace officer if:
241.       The officer works eighty (80) hours or less in a work period of fourteen
25(14) consecutive days; and
262.       a.   For a law enforcement department of a consolidated local
27government[ operating under KRS 67C.408 and organized under
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1KRS Chapter 67C], the law enforcement department and any other
2entity working with the law enforcement department that includes
3the officer agree to the exception;
4b.   For a law enforcement department of a city of the home rule class,
5the law enforcement department and any other entity working with
6the law enforcement department agree to the exception. If there is
7no other entity working with the law enforcement department or
8the officer in a city of the home rule class, only the requirement in
9subparagraph 1. of this paragraph shall be met;
10c.   For a sheriff's office[ operating under KRS 70.262, the sheriff's
11office and any other entity working with the sheriff's office agree
12to the exception. If the sheriff's office does not operate under KRS
1370.262], only the requirement in subparagraph 1. of this paragraph
14shall be met; or
15d.   For a county police force[ operating under KRS 67A.6902, the
16county police force and any other entity working with the county
17police force agree to the exception. If the county police force does
18not operate under KRS 67A.6902], only the requirement in
19subparagraph 1. of this paragraph shall be met.
20(b)     It is the intent of this subsection to allow the employment of a peace officer
21for longer than forty (40) hours in any seven (7) consecutive days within a
22fourteen (14) day work period without incurring the obligation to pay a rate of
23not less than one and one-half (1-1/2) times the officer's hourly wage under
24subsection (1) of this section.
25Section 21. KRS 336.180 is amended to read as follows:
26 As used in this chapter, unless the context requires otherwise:
27 (1)    "Candidate" means any person who has received contributions or made
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1expenditures, has appointed a campaign treasurer, or has given his or her consent
2for any other person to receive contributions or make expenditures with a view to
3bringing about his or her nomination or election to public office, except federal
4office;
5 (2)    "Committee" includes the following:
6(a)     "Campaign committee," which means one (1) or more persons who receive
7contributions and make expenditures to support or oppose one (1) or more
8specific candidates or slates of candidates for nomination or election to any
9state, county, city, or district office, but does not include an entity established
10solely by a candidate which is managed solely by a candidate and a campaign
11treasurer and whose name is generic in nature, such as "Friends of (the
12candidate)," and does not reflect that other persons have structured themselves
13as a committee, designated officers of the committee, and assigned
14responsibilities and duties to each officer with the purpose of managing a
15campaign to support or oppose a candidate in an election;
16(b)     "Caucus campaign committee," which means members of any caucus groups
17who receive contributions and make expenditures to support or oppose one (1)
18or more specific candidates or slates of candidates for nomination or election
19to any state, county, city, or district office, or a committee in Kentucky or in
20any other state. Caucus campaign committees include but are not limited to:
211.       The House Democratic caucus campaign committee;
222.       The House Republican caucus campaign committee;
233.       The Senate Democratic caucus campaign committee;
244.       The Senate Republican caucus campaign committee; and
255.       Subdivisions of the state executive committee of a minor political party,
26which serve the same function as the above-named committees, as
27determined by administrative regulations promulgated by the Kentucky
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1Registry of Election Finance;
2(c)       "Political issues committee," which means three (3) or more persons joining
3together to advocate or oppose a constitutional amendment or ballot measure
4if that committee receives or expends money in excess of one thousand dollars
5($1,000);
6(d)       "Permanent committee," which means a group of individuals, including an
7association, committee, or organization, other than a campaign committee,
8political issues committee, inaugural committee, caucus campaign committee,
9or a party executive committee, which is established as, or intended to be, a
10permanent organization having as a primary purpose expressly advocating the
11election or defeat of one (1) or more clearly identified candidates, slates of
12candidates, or political parties, which functions on a regular basis throughout
13the year;
14(e)       An executive committee of a political party; and
15(f)       "Inaugural committee," which means one (1) or more persons who receive
16contributions and make expenditures in support of inauguration activities for
17any candidate or slate of candidates elected to any state, county, city, or
18district office;
19 (3)    "Contributing organization" means a group which merely contributes to candidates,
20slates of candidates, campaign committees, caucus campaign committees, or
21executive committees from time to time from funds derived solely from within the
22group, and which does not solicit or receive funds from sources outside the group
23itself;
24 (4)    "Contribution" means any:
25(a)       Payment, distribution, loan, deposit, or gift of money or other thing of value,
26to a candidate, his or her agent, a slate of candidates, its authorized agent, a
27committee, or contributing organization but shall not include a loan of money
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1by any financial institution doing business in Kentucky made in accordance
2with applicable banking laws and regulations and in the ordinary course of
3business. As used in this subsection, "loan" shall include a guarantee,
4endorsement, or other form of security where the risk of nonpayment rests
5with the surety, guarantor, or endorser, as well as with a committee,
6contributing organization, candidate, slate of candidates, or other primary
7obligor. No person shall become liable as surety, endorser, or guarantor for
8any sum in any one (1) election which, when combined with all other
9contributions the individual makes to a candidate, his or her agent, a slate of
10candidates, its agent, a committee, or a contributing organization, exceeds the
11contribution limits provided in KRS 121.150;
12(b)     Payment by any person other than the candidate, his or her authorized
13treasurer, a slate of candidates, its authorized treasurer, a committee, or a
14contributing organization, of compensation for the personal services of
15another person which are rendered to a candidate, slate of candidates,
16committee, or contributing organization, or for inauguration activities;
17(c)     Goods, advertising, or services with a value of more than one hundred dollars
18($100) in the aggregate in any one (1) election which are furnished to a
19candidate, slate of candidates, committee, or contributing organization or for
20inauguration activities without charge, or at a rate which is less than the rate
21normally charged for the goods or services; or
22(d)     Payment by any person other than a candidate, his or her authorized treasurer,
23a slate of candidates, its authorized treasurer, a committee, or contributing
24organization for any goods or services with a value of more than one hundred
25dollars ($100) in the aggregate in any one (1) election which are utilized by a
26candidate, slate of candidates, committee, or contributing organization, or for
27inauguration activities;
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1 (5)    "Election" means any primary, regular, or special election. Each primary, regular,
2or special election shall be considered a separate election;
3 (6)    "Electioneering communications" means:
4(a)     Any communication broadcast by television or radio, printed in a newspaper
5or on a billboard, directly mailed or delivered by hand to personal residences,
6or in telephone calls made to personal residences, or otherwise distributed
7that:
81.       Unambiguously refers to any candidate for any state, county, city, or
9district office, or to any ballot measure;
102.       Is broadcast, printed, mailed, delivered, made, or distributed within
11thirty (30) days before a primary election or sixty (60) days before a
12general election; and
133.       Is broadcast to, printed in a newspaper, distributed to, mailed to or
14delivered by hand to, in telephone calls made to, or otherwise distributed
15to an audience that includes members of the electorate for such public
16office or the electorate associated with the ballot containing the ballot
17measure.
18(b)     "Electioneering communications" does not include:
191.       Any news articles, editorial endorsements, opinions or commentary,
20writings, or letters to the editor printed in a newspaper, magazine, or
21other periodical not owned by or controlled by a candidate, committee,
22or political party;
232.       Any editorial endorsements or opinions aired by a broadcast facility not
24owned or controlled by a candidate, committee, or political party;
253.       Any communication by persons made in the regular course and scope of
26their business or any communication made by a membership
27organization solely to members of such an organization and their
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1families;
24.       Any communication that refers to any candidate only as part of the
3popular name of a bill or statute; or
45.       A communication that constitutes a contribution or independent
5expenditure as defined in this section;
6 (7)    "Employer" means all persons, firms, associations, corporations, public employers,
7public school employers, and public colleges, universities, institutions, and
8education agencies;
9 (8)    "Fundraiser" means an individual who directly solicits and secures contributions on
10behalf of a candidate or slate of candidates for a statewide-elected state office, or an
11office in a jurisdiction with a population in excess of two hundred thousand
12(200,000) residents;
13 (9)    "Independent expenditure" means the expenditure of money or other things of value
14for a communication which expressly advocates the election or defeat of a clearly
15identified candidate or slate of candidates, and which is made without any
16coordination, consultation, or cooperation with any candidate, slate of candidates,
17campaign committee, or any authorized person acting on behalf of any of them, and
18which is not made in concert with, or at the request or suggestion of any candidate,
19slate of candidates, campaign committee, or any authorized person acting on behalf
20of any of them;
21 (10) "Labor organization" means any organization of any kind, or any agency or
22employee representation committee, association or union which exists for the
23purpose, in whole or in part, of dealing with employers concerning wages, rates of
24pay, hours of employment or conditions of work, or other forms of compensation.
25Except, for the purposes of this section or KRS 161.158, 164.365, 336.133,
26336.134,[ 336.1341,] 336.135, or 336.990, "labor organization" shall not include
27organizations which primarily represent public employees working in the protective
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1vocations of active law enforcement officer, jail and corrections officer, or active
2fire suppression or prevention personnel;
3 (11) "Political activities" means any contribution or independent expenditure made:
4(a)     To any committee;
5(b)     To any contributing organization;
6(c)     To any candidate;
7(d)     To any slate of candidates;
8(e)     To any fundraiser;
9(f)     For any electioneering communications;
10(g)     For any testimonial affair;
11(h)     In any manner intended to influence the outcome of any election;
12(i)     In any manner intended to otherwise promote or support the defeat of any:
131.       Candidate;
142.       Slate of candidates; or
153.       Ballot measure; or
16(j)     In any manner intended to advance any position held by any person or entity
17other than the public employee regarding any:
181.       Election;
192.       Candidate;
203.       Slate of candidates; or
214.       Ballot measure;
22 (12) "Public employee" means an employee of a "public agency" as that term is defined
23in KRS 61.870;
24 (13) "Slate of candidates" means:
25(a)     Between the time a certificate or petition of nomination has been filed for a
26candidate for the office of Governor under KRS 118.365 and the time the
27candidate designates a running mate for the office of Lieutenant Governor
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1under KRS 118.126, a slate of candidates consists of the candidate for the
2office of Governor; and
3(b)     After that candidate has designated a running mate under KRS 118.126, that
4same slate of candidates consists of that same candidate for the office of
5Governor and the candidate's running mate for the office of Lieutenant
6Governor. Unless the context requires otherwise, any provision of law that
7applies to a candidate shall also apply to a slate of candidates; and
8 (14) "Testimonial affair" means an affair held in honor of a person who holds or who is
9or was a candidate for nomination or election to a state, city, county, or district
10political office designed to raise funds for the purpose of influencing the outcome
11of an election, otherwise promoting support for, or the defeat of, any candidate,
12slate of candidates, or ballot measure.
13Section 22. KRS 336.990 is amended to read as follows:
14 (1)    Upon proof that any person employed by the Education and Labor Cabinet as a
15labor inspector has taken any part in any strike, lockout or similar labor dispute, the
16person shall forfeit his or her office.
17 (2)    The following civil penalties shall be imposed, in accordance with the provisions in
18KRS 336.985, for violations of the provisions of this chapter:
19(a)     Any person who violates KRS 336.110 or 336.130 shall for each offense be
20assessed a civil penalty of not less than one hundred dollars ($100) nor more
21than one thousand dollars ($1,000);
22(b)     Any corporation, association, organization, or person that violates KRS
23336.190 and 336.200 shall be assessed a civil penalty of not less than one
24hundred dollars ($100) nor more than one thousand dollars ($1,000) for each
25offense. Each act of violation, and each day during which such an agreement
26remains in effect, shall constitute a separate offense;
27(c)     Any employer who violates the provisions of KRS 336.220 shall be assessed a
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1civil penalty of not less than one hundred dollars ($100) nor more than one
2thousand dollars ($1,000) for each violation; and
3(d)     Any labor organization who violates KRS 336.135 shall be assessed a civil
4penalty of not less than one hundred dollars ($100) nor more than one
5thousand dollars ($1,000) for each offense.
6(e)     Any public employer or labor organization that violates KRS 161.158,
7164.365, 336.133, 336.134,[ 336.1341,] 336.135, or 336.180 shall be assessed
8a civil penalty of not less than one hundred dollars ($100) nor more than one
9thousand dollars ($1,000) for each offense.
10 (3)    Any labor organization, employer, or other person who directly or indirectly
11violates KRS 336.130(3) shall be guilty of a Class A misdemeanor.
12 (4)    Any person aggrieved as a result of any violation or threatened violation of KRS
13336.130(3) may seek abatement of the violation or threatened violation by
14petitioning a court of competent jurisdiction for injunctive relief and shall be
15entitled to costs and reasonable attorney fees if he or she prevails in the action.
16 (5)    Any person injured as a result of any violation or threatened violation of KRS
17336.130(3) may recover all damages resulting from the violation or threatened
18violation and shall be entitled to costs and reasonable attorney fees if he or she
19prevails in the action.
20Section 23. The following KRS sections are repealed:
21 67A.6901 Definitions for KRS 67A.6901 to 67A.6911.
22 67A.6902 Employees' right to organize for the purpose of collective bargaining.
23 67A.6903 Duty to bargain collectively.
24 67A.6904 Activities prohibited and duty to bargain in good faith.
25 67A.6905 Election of exclusive representative.
26 67A.6906 Unfair labor practices and remedies therefor -- Hearing -- Findings --
27Expenses.
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1 67A.6907 Petition for fact-finding panel upon deadlock -- Hearings -- Findings --
2Expenses.
3 67A.6908 Requirements for an agreement -- Enforcement in Circuit Court.
4 67A.6909 Urban-county government to withhold dues and deliver to bargaining unit.
5 67A.6910 Police officers, firefighter personnel, firefighters, corrections personnel, and
6labor organizations not to participate in strike.
7 67A.6911 Volunteer firefighters exempted from provisions of KRS 67A.6901 to
867A.6911.
9 67C.400 Definitions for KRS 67C.400 to 67C.418.
10 67C.402 Employees' right to organize for the purpose of collective bargaining -- Mayor
11to represent consolidated local government.
12 67C.404 Duty to bargain collectively.
13 67C.406 Activities prohibited and duty to bargain in good faith.
14 67C.408 Election of exclusive representative.
15 67C.410 Unfair labor practices and remedies therefor -- Hearing -- Final order -- Appeal
16to Circuit Court.
17 67C.412 Petition for fact-finding panel upon deadlock -- Hearings -- Findings --
18Expenses.
19 67C.414 Requirements for an agreement -- Enforcement in Circuit Court.
20 67C.416 Consolidated local government to withhold dues and deliver to bargaining unit.
21 67C.418 Police officer or labor organization not to participate in strike.
22 70.262 Collective bargaining for deputy sheriffs in merit system in county containing a
23consolidated local government or a city of first class -- Prohibition against strikes --
24Employment contract with sheriff.
25 78.470 Collective bargaining authorized -- Strikes prohibited.
26 336.1341 Exemption for joint wage agreement or collective bargaining contract entered
27into prior to March 29, 2023.
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1 345.010 Definitions for chapter.
2 345.020 Policy and purpose.
3 345.030 Employees' right to organize for the purpose of collective bargaining.
4 345.040 Duty to bargain collectively.
5 345.050 Activities prohibited and duty to bargain in good faith.
6 345.060 Election of exclusive representative.
7 345.070 Unfair labor practices and remedies therefor -- Hearing -- Final order --Appeal
8to Circuit Court.
9 345.080 Petition for fact-finding panel upon deadlock -- Hearings -- Findings --
10Expenses -- Rules.
11 345.090 Representative of the public employer.
12 345.100 Requirements for an agreement -- Enforcement in Circuit Court.
13 345.110 Public employer to withhold dues and deliver to bargaining unit.
14 345.120 State Labor Relations Board.
15 345.130 Firefighter or labor organization not to participate in strike.
16Section 24. This Act may be cited as the Taxpayer Protection Act.
17Section 25. Whereas the protection of public funds is of paramount importance
18 to the citizens of this Commonwealth, an emergency is declared to exist, and this Act
19 takes effect upon its passage and approval by the Governor or upon its otherwise
20 becoming a law.
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