HB 439 (BR 1605) - J. Vincent
AN ACT relating to executive branch ethics.
Amend KRS 11A.010 to include in the definition of "officer" only those board and commission members who are salaried; include in the definition of "public servant" any person who performs state service under a personal service contract or any other employment arrangement on a full-time basis for not less than 6 months; define "person," "matter," "executive officer," and "board member"; amend KRS 11A.015 to include minimum standards for an agency adopting it own code of ethics; allow concurrent jurisdictions; amend KRS 11A.020 to prohibit a public servant from seeking other employment using his or her office or position; prohibit using state time, equipment, personnel, facilities, or other state resources for private business or campaigns; prohibit soliciting, selling to, or otherwise engaging in a financial transaction with a subordinate or a person or business whom the public servant, in an official capacity, regulates, does business with, or supervises if the economic benefit to the public servant is $50 or more; amend KRS 11A.040 to allow public servants to accept an award for exceptional service, as long as the acceptance does not violate KRS 11A.045(1), relating to gifts; clarify the post-employment lobbying prohibition; reduce the filing of outside employment reports by agencies from quarterly to annually; prohibit a public servant from negotiating for future employment with a person or business with which the public servant is directly involved as part of his official state duty; amend KRS 11A.045 to increase the gifts limitation per source to $50 for a single calendar year; clarify language of the gifts guideline; amend KRS 11A.050 to expand the filing deadline for statements of financial disclosure from 30 days to 90 days by officers and public servants leaving state government; require the financial disclosure statement to include the nature of any business; amend KRS 11A.055 to prohibit a public servant from soliciting for a charitable nonprofit organization with which the public servant is directly involved as part of his official duty; create a new section of KRS Chapter 11 to allow a member of a public servant's family to be employed in the same agency as the public servant but prohibit the public servant from directly supervising, employing, or promoting a family member; grandfather-in those family members employed on the effective date of this Act; amend KRS 11A.060 to change the appointment process for the members of the Executive Branch Ethics Commission to require the Governor, the Attorney General, and the Auditor to appoint one member each on a rotating basis, beginning with the terms of members expiring July 14, 2008; direct that removal of a member be by the constitutional officer who appointed that member; direct that a commission member who misses three consecutive meetings be deemed to have vacated his or her office; attach the Commission to the Finance and Administration Cabinet for administrative purposes only, rather than to the Governor's Office; amend KRS 11A.080 to clarify the language to make it clear that investigations are confidential unless there is a final order; allow the Commission to publicly confirm that an investigation has been initiated or terminated if the alleged violations were publicly referred by another public agency; amend KRS 11A.100 to provide that a violation of KRS Chapter 11A may be a cause for an agency to dismiss or otherwise discipline the public servant according to the terms of KRS 18A.0751; apply also to any public servant not subject to KRS Chapter 18A; amend KRS 11A.130 to clarify the language allowing a present or former officer or public servant who, as his official duty, provided a service that has been privatized, to accept employment from the person or business responsible for the privatized service if the officer or public servant was not involved in the decision to privatize or in developing the contract; create a new section of KRS Chapter 11A to prohibit policy-making and regulatory board and commission members from doing business with the board or commission on which they serve; require policy-making and regulatory board and commission members to disclose any potential conflict of interest they may have and to abstain from related decisions; make policy-making and regulatory board and commission members subject to the gifts provisions of the ethics code; amend KRS 11A.990 to require that the salary withholding resulting from failure to file a statement of financial disclosure by the date specified begin on the sixteenth day of noncompliance, rather than the first day; amend KRS 61.102, relating to whistleblower protection, to include the Executive Branch Ethics Commission as one of the state agencies to which employees may bring to the attention possible violations of law without the fear of reprisal.
HB 439 - AMENDMENTS
HFA (1, J. Vincent) - Delete Section 7 that amends KRS 11A.055 to prohibit a public servant from soliciting for a charitable nonprofit organization with which the public servant is directly involved as part of his or her official duty; delete the provision allowing the commission to publicly confirm that an investigation has been initiated or terminated if the alleged violations were publicly referred by another public agency.
HFA (2, J. Vincent) - Delete Section 8, relating to nepotism provisions, from the bill.
Feb 13-introduced in House
Feb 14-to State Government (H)
Feb 20-posted in committee
Feb 22-reported favorably, 1st reading, to Calendar
Feb 23-2nd reading, to Rules
Feb 26-floor amendments (1) and (2) filed
Feb 27-posted for passage in the Regular Orders of the Day for Wednesday, February 28, 2007
Mar 2-3rd reading, passed 94-0 with floor amendments (1) and (2)
Mar 5-received in Senate
Mar 6-to State & Local Government (S)