08RS HB134
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HB134

08RS

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HB 134 (BR 897) - M. Cherry, D. Graham, J. Richards

     AN ACT relating to executive branch employees.
     Amend KRS 11A.010 to define "executive officer", change the definition of "officer" to include executive officers; amend KRS 18A.005 to include written reprimands in the definition of "penalization", define "qualifying" and make technical corrections; amend KRS 18A.030 to require the secretary of the Personnel Cabinet to propose selection method changes to the board for approval or rejection; set time frame for board to approve or reject the proposed change; amend KRS 18A.037 and 18A.040 to change commissioner to secretary; amend KRS 18A.045 to increase board membership to nine members by increasing the representation of classified employees on the board to four elected members and include personnel board members to those covered by the Executive Branch Ethics code; amend KRS 18A.050 to require the two new classified employee members be appointed to serve for two years and seek election during the June 2010 election cycle; allow elected members to serve for three successive terms on the board; amend KRS 18A.0551 to replace references to an employee's Social Security number and replace it with the unique employee identification number; amend KRS 18A.075 to require the annual report of the Personnel Board be sent to the co-chairs of the Interim Joint Committee on State Government prior to October 1 and to specify the content of the report; require the Personnel Board to consider all proposed selection method change requests from the secretary of the Personnel Cabinet and prohibit any selection method change without final board approval; amend KRS 18A.095 to allow an appointing authority to suspend an employee, with pay, from the time that the employee has received an intent to dismiss letter and prior to the agencies final action; require final actions of the board be posted on a Web site; amend KRS 18A.110 to require the Personnel Cabinet to promulgate administrative regulations providing for alternative dispute resolution procedures; amend KRS 18A.111 to require former unclassified employees to serve an initial probationary period of twelve (12) months if the employee is appointed to a position in the classified service, unless he or she has prior status within the system or had been separated from his or her unclassified position at least one hundred eighty (180) days; amend KRS 18A.140 to allow for employees to seek nonpartisan elected office if there is no perception of a conflict of office and full disclosure of intent to run for the office is made to the employer of the prospective candidate; amend KRS 18A.195 to limit the amount of compensatory leave block payments for all executive officers and officers; require the secretary of the Personnel Cabinet to conduct a feasibility study on performing background and reference checks on all executive branch applicants and report to the co-chairs of the Interim Joint Committee on State Government prior to November 1, 2008.

HB 134 - AMENDMENTS


     HCS - Retain original provisions except create a new section of KRS 18A to establish the Kentucky Employee Mediation Program and a state government mediator pool; allow employees to request mediation to resolve workplace issues; amend KRS 18A.005 to change the definition of penalization to include any action that increases or diminishes the level, rank, discretion, compensation, or responsibility of an employee; change definitions of "promotion" and "demotion" to mean changes in salary and responsibility; provide for appeals to the Personnel Board for disciplinary actions and other formal penalizations taken by the agency as well as unauthorized increase or reductions in an employee's responsibility; allow either mediation or a grievance process for all employee workplace issues that are not appealable to the Board; amend KRS 18A.030 to require the Personnel Board to review and comment on any selection method changes; amend KRS 18A.0551 to provide new procedures for the election of employee Personnel Board members to encourage more employee participation; require the use of "unique personal identification numbers" instead of Social Security numbers during the election process; amend KRS 18A.195 to require that compensatory leave earned in excess of 240 hours by an executive officer who is not eligible for block payments be credited to the officer as sick leave.

     HFA (1, T. Moore) - Retain original provisions; amend to clarify right of state employees to return to employment after any duty or training required as a member of the National Guard or Reserves.

     HFA (2, R. Wilkey) - Retain original provisions, except amend KRS 61.373 to clarify that upon release from a period of active duty or training, state employees have the right to return to employment and may appeal dismissal.

     (Prefiled by the sponsor(s).)

     Jan 8-introduced in House
     Jan 11-to State Government (H)
     Jan 15-posted in committee
     Feb 7-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 8-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 11, 2008; floor amendment (1) filed to Committee Substitute
     Feb 13-floor amendment (2) filed to Committee Substitute
     Feb 25-3rd reading, passed 95-0 with Committee Substitute, floor amendment (2)
     Feb 26-received in Senate
     Feb 28-to State & Local Government (S)

Vote History
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