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AN ACT relating to the administration of payroll systems and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 336.180 is amended to read as follows: 4
As used in this chapter, unless the context requires otherwise: 5
(1) The term "candidate" means any person who has received contributions or made 6
expenditures, has appointed a campaign treasurer, or has given his or her 7
consent for any other person to receive contributions or make expenditures with a 8
view to bringing about his or her nomination or election to public office, except 9
federal office; 10
(2) The term "committee" includes the following: 11
(a) "Campaign committee," which means one (1) or more persons who receive 12
contributions and make expenditures to support or oppose one (1) or more 13
specific candidates or slates of candidates for nomination or election to any 14
state, county, city, or district office, but does not include an entity 15
established solely by a candidate which is managed solely by a candidate 16
and a campaign treasurer and whose name is generic in nature, such as 17
"Friends of (the candidate)," and does not reflect that other persons have 18
structured themselves as a committee, designated officers of the committee, 19
and assigned responsibilities and duties to each officer with the purpose of 20
managing a campaign to support or oppose a candidate in an election; 21
(b) "Caucus campaign committee," which means members of any caucus 22
groups who receive contributions and make expenditures to support or 23
oppose one (1) or more specific candidates or slates of candidates for 24
nomination or election to any state, county, city, or district office, or a 25
committee in Kentucky or in any other state. Caucus campaign committees 26
include, but are not limited to: 27 UNOFFICIAL COPY 23 RS SB 7/GA
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1. The House Democratic caucus campaign committee; 1
2. The House Republican caucus campaign committee; 2
3. The Senate Democratic caucus campaign committee; 3
4. The Senate Republican caucus campaign committee; and 4
5. Subdivisions of the state executive committee of a minor political 5
party, which serve the same function as the above-named committees, 6
as determined by administrative regulations promulgated by the 7
Kentucky Registry of Election Finance; 8
(c) "Political issues committee," which means three (3) or more persons 9
joining together to advocate or oppose a constitutional amendment or ballot 10
measure if that committee receives or expends money in excess of one 11
thousand dollars ($1,000); 12
(d) "Permanent committee," which means a group of individuals, including an 13
association, committee, or organization, other than a campaign committee, 14
political issues committee, inaugural committee, caucus campaign 15
committee, or a party executive committee, which is established as, or 16
intended to be, a permanent organization having as a primary purpose 17
expressly advocating the election or defeat of one (1) or more clearly 18
identified candidates, slates of candidates, or political parties, which 19
functions on a regular basis throughout the year; 20
(e) An executive committee of a political party; and 21
(f) "Inaugural committee," which means one (1) or more persons who receive 22
contributions and make expenditures in support of inauguration activities 23
for any candidate or slate of candidates elected to any state, county, city, or 24
district office; 25
(3) The term "contributing organization" means a group which merely contributes 26
to candidates, slates of candidates, campaign committees, caucus campaign 27 UNOFFICIAL COPY 23 RS SB 7/GA
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committees, or executive committees from time to time from funds derived solely 1
from within the group, and which does not solicit or receive funds from sources 2
outside the group itself; 3
(4) The term "contribution" means any: 4
(a) Payment, distribution, loan, deposit, or gift of money or other thing of 5
value, to a candidate, his or her agent, a slate of candidates, its authorized 6
agent, a committee, or contributing organization but shall not include a 7
loan of money by any financial institution doing business in Kentucky made 8
in accordance with applicable banking laws and regulations and in the 9
ordinary course of business. As used in this subsection, "loan" shall 10
include a guarantee, endorsement, or other form of security where the risk 11
of nonpayment rests with the surety, guarantor, or endorser, as well as with 12
a committee, contributing organization, candidate, slate of candidates, or 13
other primary obligor. No person shall become liable as surety, endorser, or 14
guarantor for any sum in any one (1) election which, when combined with 15
all other contributions the individual makes to a candidate, his or her agent, 16
a slate of candidates, its agent, a committee, or a contributing organization, 17
exceeds the contribution limits provided in KRS 121.150; 18
(b) Payment by any person other than the candidate, his or her authorized 19
treasurer, a slate of candidates, its authorized treasurer, a committee, or a 20
contributing organization, of compensation for the personal services of 21
another person which are rendered to a candidate, slate of candidates, 22
committee, or contributing organization, or for inauguration activities; 23
(c) Goods, advertising, or services with a value of more than one hundred 24
dollars ($100) in the aggregate in any one (1) election which are furnished 25
to a candidate, slate of candidates, committee, or contributing organization 26
or for inauguration activities without charge, or at a rate which is less than 27 UNOFFICIAL COPY 23 RS SB 7/GA
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the rate normally charged for the goods or services; or 1
(d) Payment by any person other than a candidate, his or her authorized 2
treasurer, a slate of candidates, its authorized treasurer, a committee, or 3
contributing organization for any goods or services with a value of more 4
than one hundred dollars ($100) in the aggregate in any one (1) election 5
which are utilized by a candidate, slate of candidates, committee, or 6
contributing organization, or for inauguration activities; 7
(5) The term "election" means any primary, regular, or special election. Each 8
primary, regular, or special election shall be considered a separate election; 9
(6) The term "electioneering communications" means: 10
(a) Any communication broadcast by television or radio, printed in a newspaper 11
or on a billboard, directly mailed or delivered by hand to personal 12
residences, or in telephone calls made to personal residences, or otherwise 13
distributed that: 14
1. Unambiguously refers to any candidate for any state, county, city, or 15
district office, or to any ballot measure; 16
2. Is broadcast, printed, mailed, delivered, made, or distributed within 17
thirty (30) days before a primary election or sixty (60) days before a 18
general election; and 19
3. Is broadcast to, printed in a newspaper, distributed to, mailed to or 20
delivered by hand to, in telephone calls made to, or otherwise 21
distributed to an audience that includes members of the electorate for 22
such public office or the electorate associated with the ballot 23
containing the ballot measure. 24
(b) The term "electioneering communications" does not include: 25
1. Any news articles, editorial endorsements, opinions or commentary, 26
writings, or letters to the editor printed in a newspaper, magazine, or 27 UNOFFICIAL COPY 23 RS SB 7/GA
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other periodical not owned by or controlled by a candidate, committee, 1
or political party; 2
2. Any editorial endorsements or opinions aired by a broadcast facility 3
not owned or controlled by a candidate, committee, or political party; 4
3. Any communication by persons made in the regular course and scope 5
of their business or any communication made by a membership 6
organization solely to members of such an organization and their 7
families; 8
4. Any communication that refers to any candidate only as part of the 9
popular name of a bill or statute; or 10
5. A communication that constitutes a contribution or independent 11
expenditure as defined in this section; 12
[(1) The term "labor organization" means any organization of any kind, or any agency 13
or employee representation committee, association or union which exists for the 14
purpose, in whole or in part, of dealing with employers concerning wages, rates of 15
pay, hours of employment or conditions of work, or other forms of compensation;] 16
(7)[(2)] The term "employer" means all persons, firms, associations, corporations, 17
public employers, public school employers, and public colleges, universities, 18
institutions, and education agencies;[ and] 19
(8) The term "fundraiser" means an individual who directly solicits and secures 20
contributions on behalf of a candidate or slate of candidates for a statewide-21
elected state office, or an office in a jurisdiction with a population in excess of 22
two hundred thousand (200,000) residents; 23
(9) The term "independent expenditure" means the expenditure of money or other 24
things of value for a communication which expressly advocates the election or 25
defeat of a clearly identified candidate or slate of candidates, and which is made 26
without any coordination, consultation, or cooperation with any candidate, slate 27 UNOFFICIAL COPY 23 RS SB 7/GA
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of candidates, campaign committee, or any authorized person acting on behalf of 1
any of them, and which is not made in concert with, or at the request or 2
suggestion of any candidate, slate of candidates, campaign committee, or any 3
authorized person acting on behalf of any of them; 4
(10) The term "labor organization" means any organization of any kind, or any 5
agency or employee representation committee, association or union which exists 6
for the purpose, in whole or in part, of dealing with employers concerning wages, 7
rates of pay, hours of employment or conditions of work, or other forms of 8
compensation; 9
[(3) The term "public employee" means an employee of a "public agency" as that term 10
is defined in KRS 61.870(1).] 11
(11) The term "political activities" means any contribution or independent 12
expenditure made: 13
(a) To any committee; 14
(b) To any contributing organization; 15
(c) To any candidate; 16
(d) To any slate of candidates; 17
(e) To any fundraiser; 18
(f) For any electioneering communications; 19
(g) For any testimonial affair; 20
(h) In any manner intended to influence the outcome of any election; 21
(i) In any manner intended to otherwise promote or support the defeat of any: 22
1. Candidate; 23
2. Slate of candidates; or 24
3. Ballot measure; or 25
(j) In any manner intended to advance any position held by any person or 26
entity other than the public employee regarding any: 27 UNOFFICIAL COPY 23 RS SB 7/GA
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1. Election; 1
2. Candidate; 2
3. Slate of candidates; or 3
4. Ballot measure; 4
(12) The term "public employee" means an employee of a "public agency" as that 5
term is defined in KRS 61.870; 6
(13) The term "slate of candidates" means: 7
(a) Between the time a certificate or petition of nomination has been filed for a 8
candidate for the office of Governor under KRS 118.365 and the time the 9
candidate designates a running mate for the office of Lieutenant Governor 10
under KRS 118.126, a slate of candidates consists of the candidate for the 11
office of Governor; and 12
(b) After that candidate has designated a running mate under KRS 118.126, 13
that same slate of candidates consists of that same candidate for the office 14
of Governor and the candidate's running mate for the office of Lieutenant 15
Governor. Unless the context requires otherwise, any provision of law that 16
applies to a candidate shall also apply to a slate of candidates; and 17
(14) The term "testimonial affair" means an affair held in honor of a person who 18
holds or who is or was a candidate for nomination or election to a state, city, 19
county, or district political office designed to raise funds for the purpose of 20
influencing the outcome of an election, otherwise promoting support for, or the 21
defeat of, any candidate, slate of candidates, or ballot measure. 22
Section 2. KRS 336.134 is amended to read as follows: 23
(1) It is unlawful for any public employer to deduct from the wages, earnings, or 24
compensation of any public employee for: 25
(a) Any dues, fees, assessments, or other charges to be held for, transferred to, 26
or paid over to a labor organization, unless the public employee has first 27 UNOFFICIAL COPY 23 RS SB 7/GA
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presented, and the public employer has received, a signed written 1
authorization of such deductions; or 2
(b) Political activities. 3
(2) A public employee may revoke the written authorization described in subsection 4
(1) of this section at any time by providing the public employer with written notice 5
of his or her revocation 6
[A public employer or a labor organization representing public employees shall not 7
deduct membership dues of an employee organization, association, or union from the 8
wages, earnings, or compensation of a public employee without the express written 9
consent of the public employee. This consent shall be made prior to any deductions being 10
made and may be revoked by the public employee at any time by written notice to the 11
employer]. 12
SECTION 3. A NEW SECTION OF KRS CHAPTER 336 IS CREATED TO 13
READ AS FOLLOWS: 14
No public employer shall assist, directly or indirectly, any labor organization, person, 15
or other legal entity with the collection of dues, fees, assessments, payments, or other 16
charges, or personal information related to them, if any of the funds are to be used for 17
political activities. 18
SECTION 4. A NEW SECTION OF KRS CHAPTER 336 IS CREATED TO 19
READ AS FOLLOWS: 20
Sections 1, 2, and 3 of this Act shall not apply to any deductions from a public 21
employee's wages, compensation, or earnings, authorized by state or federal law or by 22
the public employee, and made by the public employee's public employer in accordance 23
with any joint wage agreement or collective bargaining contracts entered into, opted 24
into, renewed, or extended prior to the effective date of this Act. However, any joint 25
wage agreements or collective bargaining contracts entered into, opted into, renewed, 26
or extended after the effective date of this Act, as well as any deductions made to a 27 UNOFFICIAL COPY 23 RS SB 7/GA
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public employee's wages, compensation, or earnings made in accordance with those 1
joint wage agreements or collective bargaining contracts or otherwise made after the 2
effective date of this Act, shall comply with Sections 2 and 3 of this Act. 3
Section 5. KRS 336.990 is amended to read as follows: 4
(1) Upon proof that any person employed by the Education and Labor Cabinet as a 5
labor inspector has taken any part in any strike, lockout or similar labor dispute, the 6
person shall forfeit his or her office. 7
(2) The following civil penalties shall be imposed, in accordance with the provisions in 8
KRS 336.985, for violations of the provisions of this chapter: 9
(a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 10
assessed a civil penalty of not less than one hundred dollars ($100) nor more 11
than one thousand dollars ($1,000); 12
(b) Any corporation, association, organization, or person that violates KRS 13
336.190 and 336.200 shall be assessed a civil penalty of not less than one 14
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 15
offense. Each act of violation, and each day during which such an agreement 16
remains in effect, shall constitute a separate offense; 17
(c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 18
civil penalty of not less than one hundred dollars ($100) nor more than one 19
thousand dollars ($1,000) for each violation; [and] 20
(d) Any labor organization who violates KRS 336.135 shall be assessed a civil 21
penalty of not less than one hundred dollars ($100) nor more than one 22
thousand dollars ($1,000) for each offense; and 23
(e) Any public employer or labor organization who violates Section 2, 3, or 4 of 24
this Act shall be assessed a civil penalty of not less than one hundred dollars 25
($100) nor more than one thousand dollars ($1,000) for each offense. 26
(3) Any labor organization, employer, or other person who directly or indirectly 27 UNOFFICIAL COPY 23 RS SB 7/GA
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violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 1
(4) Any person aggrieved as a result of any violation or threatened violation of KRS 2
336.130(3) may seek abatement of the violation or threatened violation by 3
petitioning a court of competent jurisdiction for injunctive relief and shall be 4
entitled to costs and reasonable attorney fees if he or she prevails in the action. 5
(5) Any person injured as a result of any violation or threatened violation of KRS 6
336.130(3) may recover all damages resulting from the violation or threatened 7
violation and shall be entitled to costs and reasonable attorney fees if he or she 8
prevails in the action. 9
Section 6. Whereas the Commonwealth has a compelling and immediate 10
interest in avoiding the appearance that public resources are being used to support 11
partisan political activity, an emergency is declared to exist, and this Act takes effect 12
upon passage and approval by the Governor, or upon its otherwise becoming a law. 13