SB 2/CI (BR 22) - D. Thayer
AN ACT relating to state government ethics.
Amend KRS 11A.010 to include in the definition of "officer" board members and persons that perform functions of major management positions through contractual employment arrangements; add definitions for "person," "matter," "board member," "business associate," "through others," and "direct or exercise control"; amend KRS 11A.020 to prohibit a public servant from using his official position to obtain financial gain for a business associate as well as the public servant himself and a family member; prohibit use and misuse of state property and resources for the public servant himself, a family member, or business associate; amend KRS 11A.040 to prohibit a statewide elected official, an officer, including certain nonclassified staff, family member, or a business associate from doing business with the state; make exceptions; prohibit acceptance of honoraria for performance of official duties; change from 6 months to 2 years the waiting period for a former officer or public servant to contract with the agency for which he worked, to accept employment with a business regarding matters in which he was directly involved, to become a lobbyist in matters in which he was directly involved, or to represent a person or business before a state agency in matters in which he was directly involved; prohibit an officer or statewide elected official from outside employment from a business that does business with or is regulated by the state agency for which he or she works or supervises; amend KRS 11A.045 to extend the gifts limitation to board members; prohibit a public servant, his spouse or dependent child, or a board member from accepting any gift other than food and beverages consumed on the premises up to $100 per year from a lobbyist, employer, or real party in interest; permit a public servant or board member to accept prepaid transportation, food, and lodging paid by a host if the secretary of Finance and Administration Cabinet gives prior approval; permit acceptance of a certificate, plaque, commemorative token of less than $150 in value; require disclosure of donations to a legal defense fund for a public servant; amend KRS 11A.050 to require initial statement of financial disclosures within 90 days that an officer or public servant occupies position; require amended statements if change in statement information or addition of financial information occurs; require disclosure of additional information relating to nature of businesses and business associates; require disclosure of any contracts or other business dealings with state agency or lobbyists; amend KRS 11A.060 to add the Secretary of State as an official who submits nominees to the Governor for appointment to the Executive Branch Ethics Commission; amend KRS 11A.080 to direct that the filing of a complaint, as well as a preliminary investigation, be confidential unless a final determination is made by the commission; allow commission to publicly confirm an investigation has been declined or terminated if violations alleged in the investigation were made public; require a complaint to be dismissed if the act of filing a complaint is made public by the complainant or any other person at the complainant's direction and require notification of the possible dismissal; amend KRS 11A.090 to allow the commission to issue subpoenas for records in both paper and electronic form; amend KRS 11A.100 to require the commission to refer criminal violations of KRS Chapter 11A to county or commonwealth's attorneys of appropriate jurisdiction; amend KRS 11A.110 to require the commission to make all paper and electronic reports, statements, and disclosures filed with the commission pertaining to public servants and officers, executive agency lobbyists, employers, and real parties in interest, available on the Internet and require maintenance of records for prescribed periods; amend KRS 11A.201 to include compensation of lobbyists in definition of "expenditure"; amend KRS 11A.211 to establish an initial registration fee of $125 for each lobbyist, employer and real party in interest and $125 upon the annual filing of an updated registration statement, not to exceed more than $125 in any fiscal year; require each lobbyist to file a statement of expenditures by the 15th day of the month following the month in which an expenditure is made; create a new section of KRS Chapter 11A to prohibit a public servant or a candidate for statewide elected office from soliciting, accepting, or directing or exercising control over campaign contributions for himself or herself or any other person, political party, campaign committee, or caucus campaign committee from a lobbyist, any person seeking or holding a state contract, or holding a state grant; establish a defense if the contribution is unknown to the public servant or candidate at the time of receipt and if it is returned and disclosed to the commission; prohibit a lobbyist, a person seeking or holding a state contract, or a person seeking or holding a state grant from making a campaign contribution to a public servant, any candidate, the campaign committee of the public servant or candidate, or a caucus campaign committee; prohibit a lobbyist from directing or exercising control over a campaign contribution from a permanent committee to a public servant, a candidate, the campaign committee of a public servant or candidate, or a caucus campaign committee; prohibit a lobbyist from serving as an officer of a permanent committee that makes contributions to those persons; prohibit an employer or real party in interest from directing a lobbyist to participate in the campaign of a public servant or candidate; prohibit a public servant from directing or exercising control over a campaign contribution to a political party made by a lobbyist, a person seeking or holding a state contract, or a person seeking or holding a state contract; amend KRS 11A.216 to require disclosure of compensation paid to lobbyists; amend KRS 11A.231 to conform; amend KRS 11A.990 to establish a Class A misdemeanor penalty, rather than a Class D felony, for violation of KRS 11A.040(5) prohibiting acceptance of compensation or honoraria for performance of a public servant's official duties other than that provided by law; establish penalties for various other violations; amend KRS 61.102 to extend protections for employees that report or disclose actual or suspected wrongdoing to the Executive Branch Ethics Commission; amend KRS 61.103 to change the time period from 90 days to 1 year for an employee to bring a civil action alleging a violation of KRS 61.102; create a new section of KRS Chapter 11A to require the Governor to disclose any use of the Governor's Mansion that includes any person that is not an officer, public servant, employee of a state agency or public agency, a state or local elected official, or routine employee, to the Executive Branch Ethics Commission; create a new section of KRS Chapter 45A, relating to procurement, to prohibit business entities as defined in the Act, contractors and subcontractors from doing business with the Commonwealth if a business entity has contributed to a statewide candidate, slate of candidates or state or local political party in excess of contribution limits defined in the Act within 18 months preceding entering into the contract or during the duration of the contract; require a business entity to certify compliance with the Act prior to entering into a contract; amend KRS 45A.110 and 45A.115 to require certification of compliance prior to being placed on the prequalified and responsible bidder or offeror's list; amend KRS 45A.485 to require a business entity to report any violations of the Act within the last 5 years and be in continuos compliance with the Act; require immediate cancellation of a contract and two year prohibition from future business with the Commonwealth if found to be in violation, unless the violation was inadvertent and unintentional; provide that contributions made and contracts in effect on the effective date of the relevant provisions not be a violation of those provisions; require disclosure whether or not a violation; create a new section of KRS Chapter 121 to require statewide candidates and political parties to use reasonable efforts to give notice of potential contract prohibitions with the state if contributions are made in violation of the Act; provide that lack of notice is not a defense of the violation; provide process to cure a violation of the Act; amend KRS 36.410 to include the requirement to submit quarterly reports on the use of state aircraft to the Executive Branch Ethics Commission and the Auditor of Public Accounts as a function of the Division of Air Transport; amend KRS 36.425 to require pilots for state agencies to submit a copy of flight manifests; require Division of Air Transport to maintain flight records, including passengers' names and information pertaining to flights; create a new section of KRS Chapter 36 to require the Division of Air Transport to submit quarterly reports on the use of state aircraft to the Executive Branch Ethics Commission and the Auditor of Public Accounts; create a new section of KRS Chapter 11A to require the Governor to disclose the use of state aircraft to the Executive Branch Ethics Commission and the Auditor of Public Accounts; create a new section of KRS Chapter 43 to require the Auditor of Public Accounts to conduct an annual audit of the Governor's use of state aircraft; specify procedures for implementing new reporting requirements and annual audits.
SB 2 - AMENDMENTS
SFA (1, D. Thayer) - Retain original provisions, except make technical amendment to add board member to language regarding legal defense funds; create new section of KRS 11A to establish ethics training program; add non-codified language to implement; and amend KRS 11A.241 to add a voluntary ethics training program for executive agency lobbyists to the duties of the Executive Branch Ethics Commission.
Feb 10-introduced in Senate
Feb 12-to State & Local Government (S)
Feb 25-reported favorably, 1st reading, to Calendar
Feb 26-2nd reading, to Rules; floor amendment (1) filed
Feb 27-posted for passage in the Regular Orders of the Day for Friday, February 27, 2009; 3rd reading, passed 32-4 with floor amendment (1)
Mar 2-received in House
Mar 3-to State Government (H)