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AN ACT relating to peace officer contracts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 16.050 is amended to read as follows: 3
(1) The commissioner shall appoint or promote to the ranks and grades and positions of 4
the department such officers as are considered by him or her to be necessary for the 5
efficient administration of the department. The Kentucky State Police shall conduct 6
a biennial salary survey, and the findings of the salary survey shall be included in 7
the department's budget request submitted to the Kentucky General Assembly. 8
(2) All initial appointments of officers to the department shall be made for merit and 9
fitness after a competitive examination. 10
(3) There is created a Department of Kentucky State Police Personnel Board consisting 11
of the commissioner and four (4) other members to be appointed by the Governor, 12
two (2) to be appointed from each of the two (2) major political parties. 13
(4) The initial appointment of members of the board shall be for terms of one (1), two 14
(2), three (3), and four (4) years. Thereafter each appointment shall be for a term of 15
four (4) years, except that a person appointed to fill a vacancy occurring prior to the 16
expiration of a term shall be appointed for the remainder of that term. 17
(5) Members of the board may be removed by the Governor only for cause, after being 18
given a copy of charges against them and an opportunity to be heard publicly on 19
such charges before the Governor. 20
(6) The board shall elect one (1) of its members chairman. It shall meet at such time 21
and place as shall be specified by call of the commissioner. Three (3) members shall 22
constitute a quorum for the transaction of business. Members of the board other 23
than the commissioner shall receive compensation of fifty dollars ($50) and 24
reimbursement of travel expenses for each meeting of the board which they attend. 25
(7) The board shall promulgate administrative regulations to carry out the purposes 26
herein, which shall include provisions for: 27 UNOFFICIAL COPY 22 RS BR 2021
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(a) Open competitive examination as to fitness of applicants for employment as 1
officers; and 2
(b) Establishment of eligible lists as a result of such competitive examinations, 3
from which lists vacancies shall be filled. 4
(8) The board shall hear appeals from applicants for employment for which 5
examinations are being given or have been conducted and from eligibles on 6
examination registers subject to the procedural rules which the board may adopt 7
pursuant to the provisions of this section. 8
(9) (a) [Prior to appointment as ]A Cadet Trooper[,] appointed on or after the 9
effective date of this Act, [all applicants] shall agree in writing that if, within 10
four (4) [three (3)] years of completing the basic training course offered by the 11
department, he or she accepts employment as a peace officer with another law 12
enforcement agency, or accepts employment with another type of agency or 13
entity in a position that requires law enforcement training to meet the 14
qualifications for the position, he or she will repay to the department the cost 15
incurred by the department in providing training to the officer to the extent 16
repayment has not been made by the agency with which the officer accepts 17
employment under paragraph (b) or (c) of this subsection. 18
(b) If the officer accepts employment as a peace officer with another state agency 19
or a state university or educational institution within Kentucky within three (3) 20
years of completing the basic training course offered by the department, the 21
agency, university, or educational institution shall reimburse the department 22
for costs incurred in providing training to the officer. 23
(c) If the officer accepts employment with a city, county, or other local law 24
enforcement agency within Kentucky within four (4)[three (3)] years of 25
completing the basic training course offered by the department, KRS 70.290 26
shall apply as well[, except that the amount of the reimbursement shall not be 27 UNOFFICIAL COPY 22 RS BR 2021
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prorated as provided in KRS 70.290]. 1
Section 2. KRS 70.290 is amended to read as follows: 2
(1) (a) City and county law enforcement agencies, including sheriff's offices, may, as 3
a condition of employment, require a newly appointed deputy sheriff or peace 4
officer who will participate in the Kentucky Law Enforcement Foundation 5
Fund Program, authorized by KRS 15.410 to 15.510, to enter into an 6
employment contract for a period of no longer than four (4)[three (3)] years 7
from the date of graduation from the Department of Criminal Justice Training, 8
or other training approved by the Kentucky Law Enforcement Council. 9
(b) If a deputy sheriff or peace officer who has entered into a contract authorized 10
under this subsection accepts employment as a peace officer with another law 11
enforcement agency, that law enforcement agency shall reimburse the law 12
enforcement agency that initially hired the deputy sheriff or peace officer for 13
the actual costs incurred and expended by the law enforcement agency that 14
initially hired the deputy sheriff or peace officer which are associated with the 15
initial hiring of that officer, including but not limited to the application 16
process, training costs, equipment costs, salary and fringe benefits. The law 17
enforcement agency that initially hired the deputy sheriff or peace officer shall 18
be reimbursed for the costs from the time of the deputy sheriff or peace 19
officer's initial application until graduation from the Department of Criminal 20
Justice Training. 21
(c) 1. For contracts entered into before June 29, 2017, the amount of 22
reimbursement authorized by this subsection shall be prorated based 23
upon the percentage of time that the deputy sheriff or peace officer 24
completed of his or her employment contract. The amount of 25
reimbursement authorized by this subsection after the pro rata amount is 26
calculated shall be reduced by the cost of the training provided by the 27 UNOFFICIAL COPY 22 RS BR 2021
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Department of Criminal Justice Training for the subject officer. 1
2. For contracts entered into on or after June 29, 2017, the amount of 2
reimbursement authorized by this subsection shall not be prorated, and 3
shall be for the full amount as calculated in paragraph (b) of this 4
subsection. 5
(2) If a peace officer who has been employed by a state law enforcement agency for 6
four (4)[three (3)] years or less accepts employment as a peace officer with a city or 7
local law enforcement agency, that city or local law enforcement agency shall 8
reimburse the state law enforcement agency that initially hired the peace officer for 9
the costs expended with the initial hiring of that officer, including but not limited to 10
the application process, training costs, equipment costs, salary and fringe benefits. 11
The state law enforcement agency that initially hired the peace officer shall be 12
reimbursed for the costs incurred and expended from the time of the peace officer's 13
initial application until graduation from a Kentucky Law Enforcement Council 14
approved training academy.[ The amount of reimbursement authorized by this 15
subsection shall be prorated based upon the percentage of time that the peace officer 16
has been employed.] 17
Section 3. A Cadet Trooper appointed prior to the effective date of this Act who 18
agreed in writing, that if within three years of completing the basic training course offered 19
by the department he or she accepts employment as a peace officer with another law 20
enforcement agency or accepts employment with another type of agency or entity in a 21
position that requires law enforcement training to meet qualifications for the position, 22
then he or she will repay to the department the cost incurred by the department in 23
providing training to the officer to the extent repayment has not been made by the agency 24
with which the officer accepts employment under subsection (9) of Section 1 of this Act. 25