House Bill 149 (2010)

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House Bill 149 (or BR 443 2010) was introduced on January 5, 2010 by Representative Mike Cherry to the 2010 General Assembly.

It is an act relating to executive branch employees and declaring an emergency.

BR 443 proposes to amend KRS 18A.005 to clarify the definitions of "penalization," "promotion," "reclassification," reinstatement," and "status," and to define "qualifying" and "re-entrance"; amend KRS 18A.030 to require the secretary of the Personnel Cabinet to propose selection method changes to the Personnel Board for review and comment and to set a time frame for the board to approve or reject the proposed change; amend KRS 18A.040 to provide that the secretary, not the commissioner; and the board shall ensure Federal Compliance, where applicable; amend KRS 18A.045 to include personnel board members to those covered by portions of the Executive Branch Code of Ethics; amend KRS 18A.050 to allow elected members to serve for successive terms on the board; amend KRS 18A.0551 to change dates and procedures related to the board election and replace references to an employee's Social Security number with the employee's unique personal identification number; amend KRS 18A.075 to clarify when the board may hear appeals; require the annual report of the Personnel Board be sent to the co-chairs of the Interim Joint Committee on State Government prior to October 1; specify the content of the report; require the Personnel Board to review and comment on all proposed selection method change requests from the secretary of the Personnel Cabinet; amend KRS 18A.095 to allow an appointing authority to suspend an employee, with pay, from the time that the employee has received an intent to dismiss letter and prior to the agency's final action; require final actions of the board be posted on a Web site; make technical corrections; amend KRS 18A.111 require former unclassified employees to serve an initial probationary period of 12 months if the employee is appointed to a position in the classified service, unless he or she has prior status within the system or had been separated from his or her unclassified position at least 180 days; amend KRS 18A.140 to allow for employees to seek nonpartisan elected office if there is no perception of a conflict of office and full disclosure of intent to run for the office is made to the employer of the prospective candidate; amend KRS 18A.195 to limit the amount of compensatory leave block payments for certain unclassified employees and clarify that compensatory leave payments are limited to 240 hours for any employee who leaves state service; amend KRS 61.373 to clarify that upon release from a period of active duty or training, state employees in the National Guard or reserve Armed Forces have the right to return to employment and may appeal dismissal; and EMERGENCY.[1]


  • Jan 5 - Introduced in House; to State Government (H).
  • Jan 12 - Posted in committee.
  • Jan 14 - Reported favorably, 1st reading, to Consent Calendar.
  • Jan 15 - 2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Thursday, January 21, 2010.
  • Jan 20 - Taken from the Consent Orders of the Day, placed in the Regular Orders of the Day for Thursday, January 21, 2010.
  • Jan 25 - Taken from the Regular Orders of the Day; recommitted to State Government (H).
  • Jan 28 - Reported favorably, to Rules with Committee Substitute as a Consent Bill.
  • Feb 1 - Posted for passage in the Consent Orders of the Day for Wednesday, February 3, 2010.
  • Feb 3 - 3rd reading, passed 95-0 with Committee Substitute.
  • Feb 4 - Received in Senate.


House Committee Substitute

  • Proposes to retain original provisions of the bill; remove "denial of a promotion" in the definition of "penalization," restore the original definition of "promotion"; remove the definition of "reentrance," and restore the original definition of "status" in KRS 18A.005; clarify that an employee may be place on administrative leave rather than suspension after receiving an intent to dismiss letter pursuant to KRS 18A.095(2); delete the provision in KRS 18A.195 that would allow compensatory leave over 240 hours to be credited to an employee's retirement account.
  • Full Version of HCS



  1. BR 443 on