10RS SB82
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SB82

10RS

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SB 82 (BR 446) - D. Thayer

     AN ACT relating to executive branch 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; define "state agency" instead of "agency"; add definitions for "person," "matter," and "board member"; amend KRS 11A.020 to prohibit a public servant from using his or her official position to use or misuse state property and resources or to solicit, sell, or engage in a financial transaction with a subordinate or a person the public servant supervises or is doing business with or is regulated by the state agency that employs the public servant; amend KRS 11A.040 to prohibit a public servant from employment negotiations with a person or 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 prohibit a public servant, his or her spouse or dependent child, or a board member from accepting any gift up to $50 per year from a lobbyist, employer, or real party in interest; require a public servant to disclose to the commission the existence of a legal defense fund established for the public servant, and report donations to the legal defense fund by filing quarterly reports with the commission; prohibit donations to the legal defense fund from certain specified persons; amend KRS 11A.050 to require an officer or public servant to file a statement of financial disclosure within 90, rather than 30, daysafter leaving his or her position; require disclosure of additional information relating to nature of businesses; amend KRS 11A.060 to add the Secretary of State, the Attorney General, and the Auditor of Public Accounts as officials who submit nominees to the Governor for appointment to the Executive Branch Ethics Commission; create a new section of KRS Chapter 11A to prohibit a board member who owns or controls an interest of more than five percent in a business to undertake, execute, hold, or enjoy any gain granted by the board of which he or she is a member; require that a board member disclose in writing to the other members of the board his or her direct or indirect interest in any undertaking that puts the memberís personal interest in conflict with that of the board, require a board member to abstain from all decisions regarding such interests; amend KRS 11A.990 to require that persons who fail to file a statement of financial disclosure by a date specified have his or her salary withheld from the sixteenth day of noncompliance until he or she complies; 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 one year for an employee to bring a civil action alleging a violation of KRS 61.102; amend KRS 11A.015 and 11A.130 to conform.

SB 82 - AMENDMENTS


     SCS - Retain original provisions with changes only to a $25 limit on gifts and to remove the Secretary of State as a person required to submit names to be considered for the commission; amend KRS 11A.100 to require the commission to refer to the county attorney, or the Commonwealth's attorney of the appropriate jurisdiction, evidence of criminal violation; to require findings by the commission of a violation of this Act to lead to dismissal or discipline; amend KRS 11A.110 to require the commission to post financial disclosure forms on-line; create new sections of KRS Chapter 11A to prohibit members of boards and commissions from holding contracts issued by that board; to prohibit a public servant or a lobbyist from soliciting, accepting, or directing campaign contributions; amend KRS 61.102 to add the commission to the list of entities a person may report to and receive whistle blower protection; amend KRS 61.103 to extend from 90 days to one year the time in which an employee may bring a cause of action; create a new section of KRS Chapter 11A to require disclosure of the use of the mansion by the Governor, by anyone other than state employees or elected officials; create a new section of KRS Chapter 45A to define terms to prohibit campaign contributions from those with a state contract; to prohibit a business entity seeking a state contract from giving substantial campaign funds to a statewide candidate, slate, or state or county party within 18 months of seeking the contract; to require a business prior to entering into a contract with the state, to certify that the business entity has not violated provisions of this Act; amend 45A.110 and 45A.115 to conform; amend KRS 45A.485 to establish if a business entity makes a prohibited contribution the entity will be disqualified from any state contract for 5 years; create a new section of KRS Chapter 121 to require candidates to take reasonable measures to warn contributors of the potential impact of making contributions in violation of this Act; amend KRS 174.504 and 174.510 to require enhanced reporting of the use of state aircraft by the Executive Branch; create a new section of KRS Chapter 174 to require certain reports from the Capitol City Airport Division; create a new section of KRS Chapter 11A to require the Governor to disclose to the commission information about each trip, including allocation of trip between official business and personal business; 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; create a new section of KRS Chapter 11A to require mandatory ethics training of Executive Branch employees; amend KRS 11A.241 to direct the commission to establish and implement a voluntary annual ethics training program for executive agency lobbyists; amend KRS 11A.015 and 11A.130 to conform; amend KRS 11A.211 to require each executive agency lobbyist to pay a registration fee of $125.

     Jan 7-introduced in Senate
     Jan 11-to State & Local Government (S)
     Feb 24-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 25-2nd reading, to Rules
     Mar 2-posted for passage in the Regular Orders of the Day for Wednesday, March 3, 2010
     Mar 3-3rd reading, passed 34-4 with Committee Substitute
     Mar 4-received in House
     Mar 8-to State Government (H)

Vote History
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