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HB 390 (BR 1378) - T. Pullin

     AN ACT relating to the Executive Branch Code of Ethics.
     Create a new section of KRS Chapter 11A to recodify sections of KRS 11A.040 relating to former officers or public servants doing business with the Commonwealth and public servants negotiating for employment with entities that have done business with the Commonwealth; create a new section of KRS Chapter 11A to recodify sections of KRS 11A.040 regarding public servants accepting work or outside employment with entities that do business with the Commonwealth and make filing of outside employment reports by agencies an annual instead of quarterly occurrence; create a new section of KRS Chapter 11A to require public servants who become aware of potential violations of the Ethics Code to report concerns to the Executive Branch Ethics Commission and protect those who report concerns under KRS 61.102; amend KRS 11A.010 to amend and add several definitions; amend KRS 11A.020 to clarify conflict of interest provisions; amend KRS 11A.030 to apply provisions to board members for regulatory and policy-making boards and commissions as well as public servants; amend KRS 11A.040 to prohibit board and commission members from contracting with the board or commission on which they serve; amend KRS 11A.045 to allow public servants to accept waiver of attendance fees and meals under specified circumstances, increase the limit on gifts from $25 to $50, and remove the exception for tickets to sporting events; amend KRS 11A.050 to require disclosure of additional information, including telephone numbers, electronic mail addresses, and the nature of the businesses required for listing; amend KRS 11A.060 to give elected Constitutional officers a role in the nomination process of prospective members of the Executive Branch Ethics Commission by submitting lists of nominees to the Governor, who makes the final appointment; amend KRS Section 11A.080 to require dismissal of a complaint if the complainant makes the complaint public, as well as to remove the requirement that the Executive Branch Ethics Commission notify a person that he or she is being investigated and allowing referral to law enforcement agencies; amend KRS 11A.100 to allow the Executive Branch Ethics Commission to recover the costs of administrative hearings from persons found to have violated the Executive Branch Code of Ethics; amend KRS 11A.201 to ensure placement agents are considered executive agency lobbyists; amend KRS 11A.990 to ensure that any officer, public servant, or candidate required to file a statement of financial disclosure under KRS 11A.050 who does not file the statement by a date specified in that section shall have his or her salary withheld from the sixteenth day of noncompliance until the required action is completed; make conforming amendments to KRS 18A.045 and KRS 164.013.


     HCS - Retain original provisions, except require a public servant to disclose abstention in writing to supervisor prior to applying for or negotiating for employment with a prospective employer that is regulated by or that does business with the public servant's agency; restore the definition of "sporting event"; expand the exemption of prohibitions for board members and public servants; clarify that the prohibition of acceptance of gifts by public servants does not apply to the board member of the Kentucky Economic Development Partnership or the Kentucky Economic Development Finance Authority; restore sporting ticket exemption; increase from 30 days to 90 days the required statement to be filed with the commission; permit an alternate phone number instead of a cell phone number on the statement filed with the commission; remove nominees submitted from the Secretary of State and the Commissioner of Agriculture for potential appointment to the commission; extend period of time the commission has to forward a copy of a sworn complaint to person alleged to have committed a violation from 10 to 20 days; remove requirement of payment of fees in certain situations; require that a certified copy of the commission's final determination serve as prima facie evidence of an ethical violation.
     HFA (1, T. Pullin) - Amend to make a technical change.

     Feb 13-introduced in House
     Feb 18-to State Government (H); posted in committee
     Mar 13-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 14-2nd reading, to Rules; taken from Rules; placed in the Orders of the Day; floor amendment (1) filed to Committee Substitute

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