December 26, 2018

Police Officer Bill of Rights and Other City Legislation Passes

Police Officer Bill of Rights and Other City Legislation Passes

The General Assembly gave approval to four more items on KLC's legislative agenda in its final days of the 2015 legislative session. These bills will become effective around June 23, 2015, and include:

House Bill 333, sponsored by Rep. Denny Butler (D-Louisville), amends KRS 15.520, commonly referred to as the Police Officer Bill of Rights, to make it applicable only to citizen complaints and only those internal matters that involve the use of peace officer powers.  Therefore, the statute will no longer be applied to internal matters that relate to general employment issues.  In making this distinction, it limits the definition of "disciplinary action" to include termination, demotion, suspension without pay, and written reprimand.  It further limits the definition of interrogation to mean "a formal investigative interview and does not mean conversations or meetings of supervisory personnel and subordinate officers that are not intended to result in disciplinary action, such as conversations or meetings held for the purpose of providing corrective instruction counseling or coaching."

The legislation also clears up many of the vague issues that have resulted in litigation and is organized into separate sections for citizen complaints, investigations, charging, and hearing procedures in order to provide clarity to the process for both cities and officers.  Importantly, the legislation provides that whenever the provisions of KRS 15.520 are applicable, then the provisions of KRS 95.450 shall not apply.  Only when KRS 15.520 is inapplicable would a city have to adhere to the provisions of KRS 95.450.  Governor Beshear signed HB 333 into law on April 3.

Senate Bill 28, sponsored by Sen. Mike Wilson (R-Bowling Green), clarifies that Internet Sweepstakes Cafes constitute illegal gambling in the Commonwealth of Kentucky. The bill was signed by the Governor on March 19 and, since it contained an emergency clause, it became effective upon his signature.

House Bill 136, sponsored by Rep. Arnold Simpson (D-Covington), amends KRS 91A.070 to require ordinances establishing procedures for collection of city ad valorem taxes not collected by the sheriff to include the following: the date that city ad valorem taxes are due, the place and manner for payment, any penalties and interest for late payment or nonpayment, and any other necessary procedures related to collection not otherwise in conflict with state law. Taxes may be paid in installments under such terms and conditions specified in the ordinance. Any city establishing penalties and interest for the late payment or nonpayment of ad valorem property taxes may, by ordinance, provide an amnesty program as determined by the city's legislative body for the forgiveness or reduction of a taxpayer's accumulated penalties and interest for late payment or nonpayment of ad valorem property taxes in previous tax years. HB 136 was signed into law by Governor Beshear on March 30.

House Bill 225, sponsored by Rep. Kevin Sinnette (D-Ashland), amends KRS 95.500, relating to fire department platoons in cities required to maintain a 24/48 hour work shift. The legislation excludes, in addition to the fire chief and assistant chief, clerical employees, maintenance employees and arson investigators from being required to work the 24/48 hour shift.  HB 225 was signed into law by Governor Beshear on April 2.