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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 22
shall constitute a quorum for the transaction of business. Members of the board 23
other 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 23 RS BR 1174
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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
five (5)[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 20
(3) years of completing the basic training course offered by the department, 21
the agency, university, or educational institution shall reimburse the 22
department 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 five (5)[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 23 RS BR 1174
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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 five (5)[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 18
shall 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 23 RS BR 1174
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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, including a university police officer, who has been employed by 6
a state law enforcement agency for five (5)[three (3)] years or less accepts 7
employment as a peace officer with a city or local law enforcement agency, that 8
city or local law enforcement agency shall reimburse the state law enforcement 9
agency that initially hired the peace officer for the costs expended with the initial 10
hiring of that officer, including but not limited to the application process, training 11
costs, equipment costs, salary and fringe benefits. The state law enforcement 12
agency that initially hired the peace officer shall be reimbursed for the costs 13
incurred and expended from the time of the peace officer's initial application until 14
graduation from a Kentucky Law Enforcement Council approved training 15
academy.[ The amount of reimbursement authorized by this subsection shall be 16
prorated based upon the percentage of time that the peace officer has been 17
employed.] 18
Section 3. KRS 183.881 is amended to read as follows: 19
(1) Safety and security officers so appointed shall be peace officers and conservators of 20
the peace. They shall have general police powers to arrest, without process, all 21
persons who within their view commit any crime or misdemeanor. They shall 22
possess all of the common law and statutory powers, privileges, and immunities of 23
sheriffs, except that they shall be empowered to serve civil process to the extent 24
authorized by the employing airport board. Without limiting the generality of the 25
foregoing, such safety and security officers are hereby specifically authorized and 26
empowered, and it shall be their duty: 27 UNOFFICIAL COPY 23 RS BR 1174
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(a) To preserve the peace, maintain order and prevent unlawful use of force or 1
violence or other unlawful conduct on the airport facility of their respective 2
airport board, and to protect all persons and property located thereon from 3
injury, harm and damage; 4
(b) To enforce, and to assist officials of their respective airport boards in the 5
enforcement of the lawful rules and regulations of said airport board, and to 6
assist and cooperate with the law enforcement agencies and officers. 7
Provided, however, that such safety and security officers shall exercise the powers 8
herein granted upon any real property owned or occupied by their respective airport 9
boards including the streets passing through and adjacent thereto. Said powers may 10
be exercised in any county of the Commonwealth where the airport board owns, 11
uses, or occupies property. Additional jurisdiction may be established by agreement 12
with the chief of police of the municipality or sheriff of the county or the 13
appropriate law enforcement agency in which such property is located, dependent 14
upon the jurisdiction involved. 15
(2) Safety and security officers may exercise their powers away from the locations 16
described in subsection (1) of this section only upon the following conditions: 17
(a) When in hot pursuit of an actual or suspected violator of the law; 18
(b) When authorized to do so pursuant to the agreement authorized by subsection 19
(1) of this section; 20
(c) When requested to act by the chief of police of the city or county in which the 21
airport board's property is located; 22
(d) When requested to act by the sheriff of the county in which the airport board's 23
property is located; 24
(e) When requested to act by the commissioner of the Department of Kentucky 25
State Police; 26
(f) When requested to act by the authorized delegates of those persons or 27 UNOFFICIAL COPY 23 RS BR 1174
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agencies listed in paragraph (c), (d), or (e) of this subsection; 1
(g) When requested to assist a state, county, or municipal police officer, sheriff, 2
or other peace officer in the performance of his or her lawful duties; or 3
(h) When operating under an interlocal cooperation agreement pursuant to KRS 4
Chapter 65. 5
(3) Safety and security officers appointed pursuant to KRS 183.110 and 183.880 to 6
183.886 shall have, in addition to the other powers enumerated herein, the power to 7
conduct investigations anywhere in this Commonwealth, provided such 8
investigation relates to criminal offenses which occurred on property owned, leased, 9
or controlled by the airport board. Where desirable and at the discretion of the 10
airport board's police officials, the airport board's safety and security department 11
may coordinate said investigations with any law enforcement agency of this 12
Commonwealth or with agencies of the federal government. 13
(4) Safety and security departments created and operated by the airport boards shall, for 14
all purposes, be deemed public police departments and the sworn safety and 15
security officers thereof are, for all purposes, deemed public police officers. 16
(5) Nothing in KRS 183.110 and 183.880 to 183.886 shall be construed as a diminution 17
or modification of the authority or responsibility of any city or county police 18
department, the Department of Kentucky State Police, sheriff, constable granted 19
police powers, or other peace officer either on the property of an airport board or 20
otherwise. Nor shall anything in KRS 183.110 and 183.880 to 183.886 be construed 21
as a diminution or modification of the authority or responsibility of any constable. 22
(6) (a) Public airport boards may, as a condition of employment, require a newly 23
appointed safety and security officer who will participate in the Kentucky 24
Law Enforcement Foundation Program Fund, authorized by KRS 15.410 to 25
15.510, to enter into an employment contract for a period of no longer than 26
five (5) years from the date of graduation from the Department of Criminal 27 UNOFFICIAL COPY 23 RS BR 1174
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Justice Training or other training approved by the Kentucky Law 1
Enforcement Council. 2
(b) If a safety and security officer who entered into a contract authorized under 3
this subsection accepts employment as a peace officer with another law 4
enforcement agency, that law enforcement agency shall reimburse the law 5
enforcement agency that initially hired the safety and security officer for the 6
actual costs incurred and expended by the law enforcement agency that 7
initially hired the safety and security officer that are associated with the 8
initial hiring of that officer, including but not limited to the application 9
process, training costs, equipment costs, salary, and fringe benefits. The law 10
enforcement agency that initially hired the safety and security officer shall 11
be reimbursed for the costs from the time of the safety and security officer's 12
initial application until graduation from the Department of Criminal Justice 13
Training. 14
Section 4. A Cadet Trooper appointed prior to the effective date of this Act who 15
agreed in writing that, if within three years of completing the basic training course 16
offered by the department, he or she accepts employment as a peace officer with another 17
law enforcement agency or accepts employment with another type of agency or entity in 18
a position that requires law enforcement training to meet qualifications for the position, is 19
responsible for reimbursing the department the cost incurred by the department in 20
providing training to the officer to the extent repayment has not been made by the agency 21
with which the officer accepts employment under subsection (9) of Section 1 of this Act. 22