Kentucky 2023 Regular Session Status: Enacted

SB 153 — AN ACT relating to state government.

Last action — signed by Governor (Acts Ch. 35)

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    To Executive
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    Enacted

This bill has been enacted into law. Introduced February 16, 2023. Enacted.

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Likely to advance 68% · moderate confidence

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  • Enacted

    Current position in the legislative process.

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    Passed 2 recorded votes so far.

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Summary

Amend KRS 18A.070 to make a technical correction.

Bill Text

What changed in the latest version

986 added · 1309 removed

986 line(s) added, 1309 removed.

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UNOFFICIAL COPY 23 RS SB 153/GA AN ACT relating to state government.
CHAPTER 35 1 CHAPTER 35 ( SB 153 ) AN ACT relating to state government.
(4) "Career employee" means[shall mean] a state employee with sixteen (16) or more years of permanent full-time state service, or the part-time employment equivalent of at least sixteen (16) years of full-time state service.
(4) "Career employee" means[shall mean] a state employee with sixteen (16) or more years of permanent full- time state service, or the part-time employment equivalent of at least sixteen (16) years of full-time state service.
(6) "Class" means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, Page 1 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA experience, or skill, and such other characteristics that the same title, the same tests of fitness, and the same schedule of compensation have been or may be applied to each position in the group;
(6) "Class" means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience, or skill, and such other characteristics that the same title, the same tests of fitness, and the same schedule of compensation have been or may be applied to each position in the group;
(15) "Federally funded time-limited employee" means an employee in the unclassified service, appointed to a position that is funded one hundred percent (100%) by a Page 2 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA federal grant or grants.
(15) "Federally funded time-limited employee" means an employee in the unclassified service, appointed to a position that is funded one hundred percent (100%) by a federal grant or grants.
An employee appointed to a federally funded time-limited position shall be required to meet the minimum requirements for the classification in which he or she is hired and, subject to the provisions of KRS 18A.113, shall serve at the pleasure of the appointing authority during a period of time that shall not exceed the life of the federal grant that funds the position.
An employee appointed to a federally funded time-limited position shall be required to meet the minimum requirements for the classification in which he or she is hired and, subject to the provisions of KRS 18A.113, shall serve at the pleasure of the appointing authority during a period of time that shall not exceed the life of the federal grant Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY that funds the position.
(a) Positions in the state parks, where the work assigned is dependent upon fluctuations in tourism, may be assigned work hours from twenty-five (25) hours per week during the off seasons and remain in full-time positions;
(a) Positions in the state parks, where the work assigned is dependent upon fluctuations in tourism, may be assigned work hours from twenty-five (25) hours per week during the off seasons and remain in full- time positions;
(19) "Initial probation" means the period of service following initial appointment to any Page 3 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA position under KRS 18A.010 to 18A.200 which requires special observation and evaluation of an employee's work and which must be passed successfully before status may be conferred as provided in KRS 18A.110 and by the provisions of this chapter.
(19) "Initial probation" means the period of service following initial appointment to any position under KRS 18A.010 to 18A.200 which requires special observation and evaluation of an employee's work and which must be passed successfully before status may be conferred as provided in KRS 18A.110 and by the provisions of this chapter.
(25) ]"Position" means an office or employment in an agency (whether part-time, full- time, or interim, occupied, or vacant) involving duties requiring the services of one (1) person;
(25) ]"Position" means an office or employment in an agency (whether part-time, full-time, or interim, occupied, or vacant) involving duties requiring the services of one (1) person;
(26)[(27)] "Promotional probation" means the period of service, consistent with the Page 4 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA length of the initial probationary period, following the promotion of an employee with status which must be successfully completed in order for the employee to retain the position to which he or she has been promoted.
(26)[(27)] "Promotional probation" means the period of service, consistent with the length of the initial probationary period, following the promotion of an employee with status which must be successfully completed in order for the employee to retain the position to which he or she has been promoted.
(29)[(30)] "Reclassification" shall mean the change in the classification of an employee when a material and permanent change in the duties or responsibilities of that employee has been assigned in writing by the appointing authority;
CHAPTER 35 3 (29)[(30)] "Reclassification" shall mean the change in the classification of an employee when a material and permanent change in the duties or responsibilities of that employee has been assigned in writing by the appointing authority;
(33)[(34)] "Reinstatement" means the privilege of restoration of an employee who has resigned in good standing at the option of the appointing authority, or who has been Page 5 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA ordered reinstated by the board or a court to a position in his former class, or to a position of like status and pay;
(33)[(34)] "Reinstatement" means the privilege of restoration of an employee who has resigned in good standing at the option of the appointing authority, or who has been ordered reinstated by the board or a court to a position in his former class, or to a position of like status and pay;
(2) Subject to the provisions of this chapter and KRS Chapter 13A, the secretary shall, Page 6 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA with the aid of his or her staff:
(2) Subject to the provisions of this chapter and KRS Chapter 13A, the secretary shall, with the aid of his or her staff:
(g) Make certification for appointment or promotion within the classified service, in accordance with the provisions of KRS 18A.005 to 18A.200;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (g) Make certification for appointment or promotion within the classified service, in accordance with the provisions of KRS 18A.005 to 18A.200;
Page 7 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (j) Provide personnel services to unclassified employees in agreement with the agencies involved not otherwise provided for in KRS 18A.005 to 18A.200;
(j) Provide personnel services to unclassified employees in agreement with the agencies involved not otherwise provided for in KRS 18A.005 to 18A.200;
If any cabinet, department, bureau, division, or section has a turnover rate of fifteen percent (15%) or more in any twelve (12) month period, the secretary shall conduct an investigation into the reasons for the turnover and report Page 8 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA the findings to the board, the Governor, and the Legislative Research Commission.
If any cabinet, department, bureau, division, or section has a turnover rate of fifteen percent (15%) or more in any twelve (12) month period, the secretary shall conduct an investigation into the reasons for the turnover and report the findings to the board, the Governor, and the Legislative Research Commission.
Section 3.
CHAPTER 35 5 Section 3.
Page 9 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (a) It is found that he or she does not meet any one (1) of the preliminary requirements established for the examination for the class of position;
(a) It is found that he or she does not meet any one (1) of the preliminary requirements established for the examination for the class of position;
Page 10 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (c) If the eligible declines an offer of probationary appointment to the class for which the register was established;
(c) If the eligible declines an offer of probationary appointment to the class for which the register was established;
Section 4.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Section 4.
and Page 11 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (b) Upon receipt of the notification provided for by paragraph (a) of this subsection, a classified[an] employee wishing to serve on the board shall notify the board, in writing or electronically, no later than May 15.
and (b) Upon receipt of the notification provided for by paragraph (a) of this subsection, a classified[an] employee wishing to serve on the board shall notify the board, in writing or electronically, no later than May 15.
and (d) An envelope for returning the ballot should the classified employee wish to return the ballot by first-class mail].
and (d) An envelope for returning the ballot should the classified employee wish to return the ballot by first- class mail].
and (b) Submit[Print his or her unique personal identification number on the ballot in Page 12 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA the space provided on the ballot;
and (b) Submit[Print his or her unique personal identification number on the ballot in the space provided on the ballot;
(b) Verify the unique personal identification number on the ballot by comparing the number to the computer-generated list of unique personal identification numbers of eligible voters provided by the cabinet;
(b) Verify the unique personal identification number on the ballot by comparing the number to the computer- generated list of unique personal identification numbers of eligible voters provided by the cabinet;
and Page 13 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (g) Certify to the board:
and CHAPTER 35 7 (g) Certify to the board:
Page 14 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (1) A classified employee with status shall not be dismissed, demoted, suspended without pay, or involuntarily transferred[otherwise penalized] except for cause.
(1) A classified employee with status shall not be dismissed, demoted, suspended without pay, or involuntarily transferred[otherwise penalized] except for cause.
(4) No later than five (5) working days after receipt of the notice of intent to dismiss, excluding the day he or she receives the notice, the employee may request to appear, personally or with counsel if he or she has retained counsel, to reply to the Page 15 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA appointing authority[head of the cabinet or agency] or his or her designee.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) No later than five (5) working days after receipt of the notice of intent to dismiss, excluding the day he or she receives the notice, the employee may request to appear, personally or with counsel if he or she has retained counsel, to reply to the appointing authority[head of the cabinet or agency] or his or her designee.
(8) A classified employee with status who is demoted, suspended without pay, or Page 16 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA involuntarily transferred[otherwise penalized] shall be notified in writing of:
(8) A classified employee with status who is demoted, suspended without pay, or involuntarily transferred[otherwise penalized] shall be notified in writing of:
Page 17 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (c)] The employee shall file a written request for reconsideration of the reallocation or reclassification to a lower grade[of his position] with the secretary in a manner and form prescribed by the secretary and shall be given a reasonable opportunity to be heard[ thereon] by the secretary.
(c)] The employee shall file a written request for reconsideration of the reallocation or reclassification to a lower grade[of his position] with the secretary in a manner and form prescribed by the secretary and CHAPTER 35 9 shall be given a reasonable opportunity to be heard[ thereon] by the secretary.
Nothing in this section shall be construed to preclude any applicant, classified employee, or unclassified employee from filing with the Kentucky Page 18 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA Commission on Human Rights a complaint alleging discrimination on the basis of race, color, religion, national origin, sex, disability, or age in accordance with KRS Chapter 344.
Nothing in this section shall be construed to preclude any applicant, classified employee, or unclassified employee from filing with the Kentucky Commission on Human Rights a complaint alleging discrimination on the basis of race, color, religion, national origin, sex, disability, or age in accordance with KRS Chapter 344.
An eligible's name shall be restored to the register Page 19 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA upon presentation of reasons satisfactory to the secretary or in accordance with the decision of the board.
An eligible's name shall be restored to the register upon presentation of reasons satisfactory to the secretary or in accordance with the decision of the board.
(15) An evaluation may be appealed to the board if an employee has complied with the review procedure established in KRS 18A.110(7)(j)].
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (15) An evaluation may be appealed to the board if an employee has complied with the review procedure established in KRS 18A.110(7)(j)].
The appeal form shall instruct the Page 20 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA employee to state whether he or she is a classified or unclassified employee, his or her full name, his or her appointing authority, work station address and telephone number, home address and personal telephone number, personal email address, and, if he or she has retained counsel at the time he or she files an appeal, the name, address, and telephone number of his or her attorney.
The appeal form shall instruct the employee to state whether he or she is a classified or unclassified employee, his or her full name, his or her appointing authority, work station address and telephone number, home address and personal telephone number, personal email address, and, if he or she has retained counsel at the time he or she files an appeal, the name, address, and telephone number of his or her attorney.
All parties to the appeal Page 21 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA shall have access to information produced by the investigations and the information shall be presented at the hearing.
All parties to the appeal shall have access to information produced by the investigations and the information shall be presented at the hearing.
(b) If the board finds that the action complained of was taken without just cause, the board shall order the immediate reinstatement of the employee to his or her former position or a position of like status and pay, without loss of pay for the period of time at issue[his penalization], or otherwise make the employee whole unless the order is stayed by the board or the court on appeal.
(b) If the board finds that the action complained of was taken without just cause, the board shall order the immediate reinstatement of the employee to his or her former position or a position of like status and CHAPTER 35 11 pay, without loss of pay for the period of time at issue[his penalization], or otherwise make the employee whole unless the order is stayed by the board or the court on appeal.
Page 22 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (c) If the board finds that the action taken by the appointing authority was excessive or erroneous in view of all the surrounding circumstances, the board shall direct the appointing authority to[ alter,] modify[,] or rescind the[ disciplinary] action at issue.
(c) If the board finds that the action taken by the appointing authority was excessive or erroneous in view of all the surrounding circumstances, the board shall direct the appointing authority to[ alter,] modify[,] or rescind the[ disciplinary] action at issue.
(25)[(27)] After a final decision in a contested case has been rendered by the last administrative or judicial body to which the case has been appealed, the board shall make the decision available to the public in electronic format on its website[Web Page 23 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA site] and shall organize the decisions according to the statutory basis for which the appeal was based.
(25)[(27)] After a final decision in a contested case has been rendered by the last administrative or judicial body to which the case has been appealed, the board shall make the decision available to the public in electronic format on its website[Web site] and shall organize the decisions according to the statutory basis for which the appeal was based.
(29) Notwithstanding any other prescribed limitation of action, an employee that has Page 24 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA been penalized, but has not received a written notice of his or her right to appeal as provided in this section, shall file his or her appeal with the Personnel Board within one (1) year from the date of the penalization or from the date that the employee reasonably should have known of the penalization].
(29) Notwithstanding any other prescribed limitation of action, an employee that has been penalized, but has not received a written notice of his or her right to appeal as provided in this section, shall file his or her appeal Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY with the Personnel Board within one (1) year from the date of the penalization or from the date that the employee reasonably should have known of the penalization].
and (b) As provided by KRS 18A.0751(4)(e), the secretary may submit a proposed administrative regulation providing for an initial probationary period in excess Page 25 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA of six (6) months to the board for its approval.
and (b) As provided by KRS 18A.0751(4)(e), the secretary may submit a proposed administrative regulation providing for an initial probationary period in excess of six (6) months to the board for its approval.
(a) For the preparation, maintenance, and revision of a position classification plan Page 26 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
(a) For the preparation, maintenance, and revision of a position classification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
The secretary shall allocate the position of every employee in the classified service to one (1) of the classes in the plan.
The secretary shall allocate the position of every employee in CHAPTER 35 13 the classified service to one (1) of the classes in the plan.
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(c) For the advertisement and acceptance of[open competitive examinations to Page 27 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA test the relative fitness of applicants for the respective positions.
(c) For the advertisement and acceptance of[open competitive examinations to test the relative fitness of applicants for the respective positions.
Page 28 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (e)[(f)] Except as provided by this chapter, for the appointment of a person whose score is included in the five (5) highest scores earned on the examination;
(e)[(f)] Except as provided by this chapter, for the appointment of a person whose score is included in the five (5) highest scores earned on the examination;
(h)[(i)] For the development and operation of programs to improve the work effectiveness of employees in the state service, including training, whether in- service or compensated educational leave, safety, health, welfare, counseling, recreation, employee relations, and employee mobility without written examination;
(h)[(i)] For the development and operation of programs to improve the work effectiveness of employees in the state service, including training, whether in-service or compensated educational leave, safety, health, welfare, counseling, recreation, employee relations, and employee mobility without written examination;
(i)[(j)] For a uniform system of annual employee evaluation for classified employees, with status, that shall be considered in determining eligibility for discretionary salary advancements, promotions, and disciplinary actions.
(i)[(j)]For a uniform system of annual employee evaluation for classified employees, with status, that shall be considered in determining eligibility for discretionary salary advancements, promotions, and disciplinary actions.
1.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.
Permit a classified employee, with status, who receives either of the two Page 29 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (2) lowest possible evaluation ratings to appeal to the Personnel Board for review after exhausting the internal dispute resolution procedure.
Permit a classified employee, with status, who receives either of the two (2) lowest possible evaluation ratings to appeal to the Personnel Board for review after exhausting the internal dispute resolution procedure.
Page 30 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (a) "Furlough" or "reduction in hours" means the temporary reduction of hours an employee is scheduled to work by the appointing authority within a pay period;
(a) "Furlough" or "reduction in hours" means the temporary reduction of hours an employee is scheduled to work by the appointing authority within a pay period;
The appointing authority, with the approval of the secretary, shall have the authority to determine the extent, effective dates, and length of any action taken under subsection (2) of this section.
The CHAPTER 35 15 appointing authority, with the approval of the secretary, shall have the authority to determine the extent, effective dates, and length of any action taken under subsection (2) of this section.
Page 31 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (6) In determining a layoff, the appointing authority shall consider all employees under the same appointing authority, within the classification affected, and within the county affected.
(6) In determining a layoff, the appointing authority shall consider all employees under the same appointing authority, within the classification affected, and within the county affected.
Page 32 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (9) With the approval of the secretary, the Personnel Cabinet may place employees subject to a reduction in workforce in a different position.
(9) With the approval of the secretary, the Personnel Cabinet may place employees subject to a reduction in workforce in a different position.
and (b) If the amounts described in paragraph (a) of this subsection are insufficient to address the revenue shortfall, the enacted budget reduction plan included in Page 33 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA each branch budget bill shall be implemented.
and (b) If the amounts described in paragraph (a) of this subsection are insufficient to address the revenue shortfall, the enacted budget reduction plan included in each branch budget bill shall be implemented.
(5) The budget reduction plan for each branch of government may provide that the annual increment granted state employees under KRS 18A.355 shall be reduced as provided by KRS 18A.355.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) The budget reduction plan for each branch of government may provide that the annual increment granted state employees under KRS 18A.355 shall be reduced as provided by KRS 18A.355.
(3) There is established within the Personnel Cabinet the following offices, departments, and divisions, each of which shall be headed by either a commissioner, executive director, or division director appointed by the secretary, subject to the prior approval of the Governor pursuant to KRS 12.040 or 12.050, depending on the level of the appointment, except that the Kentucky Employees Deferred Compensation Authority shall be headed by an executive director who Page 34 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA shall be appointed by the authority's board of directors:
(3) There is established within the Personnel Cabinet the following offices, departments, and divisions, each of which shall be headed by either a commissioner, executive director, or division director appointed by the secretary, subject to the prior approval of the Governor pursuant to KRS 12.040 or 12.050, depending on the level of the appointment, except that the Kentucky Employees Deferred Compensation Authority shall be headed by an executive director who shall be appointed by the authority's board of directors:
Governmental Services Center, which shall be responsible for employee Page 35 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA and managerial training and organizational development;
Governmental Services Center, which shall be responsible for employee and managerial training and organizational development;
and 7.
and CHAPTER 35 17 7.
Page 36 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA c.
c.
Page 37 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (g) Reinstatement;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (g) Reinstatement;
(a) For the procedures to be utilized by the board in the conduct of hearings by Page 38 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA the board, consistent with the provisions of KRS Chapter 13B;
(a) For the procedures to be utilized by the board in the conduct of hearings by the board, consistent with the provisions of KRS Chapter 13B;
Except as Page 39 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA provided by this chapter, vacancies shall be filled by promotion whenever practicable and in the best interest of the service;
Except as provided by this chapter, vacancies shall be filled by promotion whenever practicable and in the best interest of the service;
(h) For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, and salary ranges as provided by the provisions of Section 7 of this Act[KRS 18A.1131(3)(a)];
CHAPTER 35 19 (h) For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, and salary ranges as provided by the provisions of Section 7 of this Act[KRS 18A.1131(3)(a)];
When any increment due to a promotion, reallocation, Page 40 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA reclassification or salary adjustment is granted an employee, the employee's base salary or wages shall be increased by the amount of such increment.
When any increment due to a promotion, reallocation, reclassification or salary adjustment is granted an employee, the employee's base salary or wages shall be increased by the amount of such increment.
Page 41 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA (4) "Position" means an office or employment in the public service, excluding an office filled by popular election;
(4) "Position" means an office or employment in the public service, excluding an office filled by popular election;
(7) "Seniority" means the increase in compensation, status, and responsibility resulting from promotion or step progression within a class of a classified service or promotion or increase in compensation, status, and responsibility in the unclassified service.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) "Seniority" means the increase in compensation, status, and responsibility resulting from promotion or step progression within a class of a classified service or promotion or increase in compensation, status, and responsibility in the unclassified service.
(b) If not qualified to perform the duties of his or her position by reason of Page 42 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA disability sustained during such service, the public employee shall be placed in another position, the duties of which he or she is qualified to perform and which will provide him or her like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of his or her case.
(b) If not qualified to perform the duties of his or her position by reason of disability sustained during such service, the public employee shall be placed in another position, the duties of which he or she is qualified to perform and which will provide him or her like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of his or her case.
In any case in which the board determines that there is such a position, the person shall be restored to the Page 43 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA UNOFFICIAL COPY 23 RS SB 153/GA position by the department or agency in which the position exists.
In any case in which the board determines that there is such a position, the person shall be restored to the position by the department or agency in which the position exists.
Page 44 of 44 SB015310.100 - 1519 - XXXX 3/10/2023 11:24 AM GA
Signed by Governor March 20, 2023.
CHAPTER 35 21 Legislative Research Commission PDF Version
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Action History

  1. signed by Governor (Acts Ch. 35)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 93-0

  7. placed in the Orders of the Day

  8. taken from Rules

  9. reported favorably, 2nd reading, to Rules

  10. to State Government (H)

  11. returned to Committee on Committees (H)

  12. 1st reading

  13. taken from Committee on Committees (H)

  14. to Committee on Committees (H)

  15. received in House

  16. 3rd reading, passed 35 -0 with Committee Substitute (1)

  17. posted for passage in the Consent Orders of the Day for Friday, March 10, 2023

  18. 2nd reading, to Rules as a consent bill

  19. reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1)

  20. to State & Local Government (S)

  21. to Committee on Committees (S)

  22. introduced in Senate

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 93 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democrat 13001
Republican 60006
Unaffiliated 20000
Total 93007
% of votes cast 93%0%0%7%
How each member voted (100)
Member Party Vote
Dixon — Yea
Nemes — Yea
Bentley — Yea
Palumbo — Yea
Swann — Yea
Justice — Yea
Pratt — Yea
Thomas — Yea
Timoney — Yea
Bratcher S. — Yea
Raymond — Yea
Webber — Yea
Graham — Yea
Williams — Yea
Heath — Yea
Meredith — Yea
Wilson — Yea
Smith — Yea
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Not Voting
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Not Voting
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Not Voting
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Not Voting
Ryan Dotson Republican Not Voting
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Not Voting
Scott Sharp Republican Yea
Shane Baker Republican Not Voting
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 153 W/ scs1

Passed 35 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 20001
Unaffiliated 13001
Total 35002
% of votes cast 95%0%0%5%
How each member voted (37)
Member Party Vote
Nemes — Yea
Turner — Yea
Schickel — Yea
Westerfield — Yea
Southworth — Yea
ChambersArmstrong — Yea
Williams — Yea
Wilson — Yea
Meredith — Yea
Thayer — Yea
Thomas — Yea
Yates — Yea
Smith — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Not Voting

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 153 do?
Amend KRS 18A.070 to make a technical correction.
What is the current status of SB 153?
This bill has been enacted into law. Introduced February 16, 2023. Enacted.
Where can I track SB 153?
Track SB 153 free on One Click Politics — get push/email alerts when it moves.

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