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AN ACT relating to law enforcement telecommunicators. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 15.420 is amended to read as follows: 3
As used in KRS 15.410 to 15.510, unless the context otherwise requires: 4
(1) "Cabinet" means the Justice and Public Safety Cabinet; 5
(2) "Dispatch center" means the employer of a law enforcement telecommunicator; 6
(3) "Law enforcement telecommunicator" means: 7
(a) A Criminal Justice Information System (CJIS) telecommunicator as defined 8
by KRS 15.530; and 9
(b) A Non-Criminal Justice Information System ( non-CJIS) telecommunicator 10
as defined by KRS 15.53(5); 11
(4) "Police department" means the employer of a police officer; 12
(5)[(2)] (a) "Police officer" means: 13
1. A local officer, limited to: 14
a. A full-time: 15
i. Member of a lawfully organized police department of 16
county, urban-county, or city government; or 17
ii. Sheriff or full-time deputy sheriff, including any sheriff 18
providing court security or appointed under KRS 70.030; 19
b. A school resource officer as defined in KRS 158.441; or 20
c. One (1) of the following who is otherwise eligible for an annual 21
supplement established in accordance with KRS 15.460, but who 22
does not receive one: 23
i. An officer serving on a joint task force; 24
ii. A detective employed by a county attorney; 25
iii. A process server for juvenile courts within a consolidated 26
local government; and 27 UNOFFICIAL COPY 24 RS BR 891
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iv. A local alcoholic beverage control investigator appointed 1
pursuant to KRS Chapter 241; and 2
2. A state officer, limited to: 3
a. A public university police officer; 4
b. A Kentucky state trooper; 5
c. A Kentucky State Police arson investigator; 6
d. A Kentucky State Police hazardous device investigator; 7
e. A Kentucky State Police legislative security specialist; 8
f. A Kentucky vehicle enforcement officer; 9
g. A Kentucky Horse Park mounted patrol officer, subject to KRS 10
15.460(1)(f); 11
h. A Kentucky state park ranger, subject to KRS 15.460(1)(f); 12
i. An agriculture investigator; 13
j. A charitable gaming investigator; 14
k. An alcoholic beverage control investigator; 15
l. An insurance fraud investigator; 16
m. An Attorney General investigator; 17
n. A Kentucky Department of Fish and Wildlife Resources 18
conservation officer, subject to KRS 15.460(1)(e); and 19
o. Any detective for a Commonwealth's attorney who would 20
otherwise be eligible for a supplement established in accordance 21
with KRS 15.460, but who does not receive one; 22
who is responsible for the prevention and detection of crime and the 23
enforcement of the general criminal laws of the state; 24
(b) "Police officer" does not include any sheriff who earns the maximum 25
constitutional salary for this office, any special deputy sheriff appointed under 26
KRS 70.045, any constable, deputy constable, district detective, deputy 27 UNOFFICIAL COPY 24 RS BR 891
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district detective, special local peace officer, auxiliary police officer, or any 1
other peace officer not specifically authorized in KRS 15.410 to 15.510; 2
[(3) "Police department" means the employer of a police officer;] 3
(6) "Qualified law enforcement telecommunicator" means a law enforcement 4
telecommunicator that is employed by a qualified unit of government pursuant to 5
subsection (2) of Section 2 of this Act; 6
(7) "Qualified police officer" means a police officer employed by a qualified unit of 7
government pursuant to subsection (1) of Section 2 of this Act; 8
(8)[(4)] "Retirement plan" means a defined benefit plan consisting of required 9
employer contributions pursuant to KRS 61.565, 61.702, or any other provision of 10
law; 11
(9)[([5])] "Unit of government" means any city, county, combination of cities and 12
counties, public university, state agency, local school district, or county sheriff's 13
office of the Commonwealth; and 14
(10)[(6)] "Validated job task analysis" means the core job description that describes the 15
minimum entry level requirements, qualifications, and training requirements for 16
police[peace] officers in the Commonwealth, and that is based upon an actual 17
survey and study of police officer duties and responsibilities conducted by an entity 18
recognized by the council as being competent to conduct such a study. 19
Section 2. KRS 15.440 is amended to read as follows: 20
(1) Each unit of government [that ]with a police department that meets the following 21
requirements shall be eligible to share in the distribution of funds from the Law 22
Enforcement Foundation Program fund: 23
(a) Employs one (1) or more police officers; 24
(b) Pays every police officer at least the minimum federal wage; 25
(c) Requires all police officers to have, at a minimum, a high school degree, or its 26
equivalent as determined by the council, except that each police officer 27 UNOFFICIAL COPY 24 RS BR 891
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employed prior to the date on which the officer's police department was 1
included as a participant under KRS 15.410 to 15.510 shall be deemed to have 2
met the requirements of this subsection; 3
(d) 1. Requires all police officers to successfully complete a basic training 4
course of nine hundred twenty-eight (928) hours' duration within one (1) 5
year of the date of employment at a school certified or recognized by the 6
council, which may provide a different number of hours of instruction as 7
established in this paragraph, except that each police officer employed 8
prior to the date on which the officer's police department was included 9
as a participant under KRS 15.410 to 15.510 shall be deemed to have 10
met the requirements of this subsection. 11
2. As the exclusive method by which the number of hours required for 12
basic training courses shall be modified from that which is specifically 13
established by this paragraph, the council may, by the promulgation of 14
administrative regulations in accordance with the provisions of KRS 15
Chapter 13A, explicitly set the exact number of hours for basic training 16
at a number different from nine hundred twenty-eight (928) hours based 17
upon a training curriculum approved by the Kentucky Law Enforcement 18
Council as determined by a validated job task analysis. 19
3. If the council sets an exact number of hours different from nine hundred 20
twenty-eight (928) in an administrative regulation as provided by this 21
paragraph, it shall not further change the number of hours required for 22
basic training without promulgating administrative regulations in 23
accordance with the provisions of KRS Chapter 13A. 24
4. Nothing in this paragraph shall be interpreted to prevent the council, 25
pursuant to its authority under KRS 15.330, from approving training 26
schools with a curriculum requiring attendance of a number of hours 27 UNOFFICIAL COPY 24 RS BR 891
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that exceeds nine hundred twenty-eight (928) hours or the number of 1
hours established in an administrative regulation as provided by 2
subparagraphs 2. and 3. of this paragraph. However, the training 3
programs and schools for the basic training of law enforcement 4
personnel conducted by the department pursuant to KRS 15A.070 shall 5
not contain a curriculum that requires attendance of a number of hours 6
for basic training that is different from nine hundred twenty-eight (928) 7
hours or the number of hours established in an administrative regulation 8
promulgated by the council pursuant to the provisions of KRS Chapter 9
13A as provided by subparagraphs 2. and 3. of this paragraph. 10
5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 11
to the contrary notwithstanding, the council may, through the 12
promulgation of administrative regulations in accordance with KRS 13
Chapter 13A, approve basic training credit for: 14
a. Years of service credit as a law enforcement officer with previous 15
service in another state; and 16
b. Basic training completed in another state. 17
6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 18
to the contrary notwithstanding, the council may, through the 19
promulgation of administrative regulations in accordance with KRS 20
Chapter 13A, approve basic training credit for: 21
a. Completion of eight hundred forty-eight (848) hours of training at 22
a school established pursuant to KRS 15A.070; 23
b. A minimum of fifteen (15) years of experience as a certified law 24
enforcement instructor at a school established pursuant to KRS 25
15A.070; 26
c. Completion of an average of forty (40) hours of Kentucky Law 27 UNOFFICIAL COPY 24 RS BR 891
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Enforcement Council approved in-service training annually from 1
January 1, 1997, through January 1, 2020; 2
d. Three (3) years of active, full-time service as a: 3
i. City, county, urban-county, charter county, consolidated 4
local, or unified local government police officer; 5
ii. Sheriff's deputy, excluding special deputies appointed under 6
KRS 70.045; 7
iii. Department of Kentucky State Police officer; or 8
iv. Kentucky Department of Fish and Wildlife Resources 9
conservation officer exercising peace officer powers under 10
KRS 150.090; and 11
e. Completion of the: 12
i. Twenty-four (24) hour legal update Penal Code course; 13
ii. Sixteen (16) hour legal update constitutional procedure 14
course; and 15
iii. Forty (40) hour basic officer skills course within one (1) year 16
prior to applying for certification; 17
(e) Requires all police officers to successfully complete each calendar year an in-18
service training course, appropriate to the officer's rank and responsibility and 19
the size and location of the officer's police department, of forty (40) hours' 20
duration, at a school certified or recognized by the council which may include 21
a four (4) hour course which meets the requirements of paragraph (j) of this 22
subsection. This in-service training requirement shall be waived for the period 23
of time that a peace officer is serving on active duty in the United States 24
Armed Forces. This waiver shall be retroactive for peace officers from the 25
date of September 11, 2001; 26
(f) Complies with all provisions of law applicable to police officers or police 27 UNOFFICIAL COPY 24 RS BR 891
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departments, including transmission of data to the centralized criminal history 1
record information system as required by KRS 17.150 and transmission of 2
reports as required by KRS 15.391; 3
(g) Complies with all administrative[ rules and] regulations, appropriate to the 4
size and location of the police department promulgated[ issued] by the 5
cabinet to facilitate the administration of the fund and further the purposes of 6
KRS 15.410 to 15.510; 7
(h) Possesses a written policy and procedures manual related to domestic violence 8
for law enforcement agencies that has been approved by the cabinet. The 9
policy shall comply with the provisions of KRS 403.715 to 403.785. The 10
policy shall include a purpose statement; definitions; supervisory 11
responsibilities; procedures for twenty-four (24) hour access to protective 12
orders; procedures for enforcement of court orders or relief when protective 13
orders are violated; procedures for timely and contemporaneous reporting of 14
adult abuse and domestic violence to the Cabinet for Health and Family 15
Services, Department for Community Based Services; victim rights, 16
assistance, and service responsibilities; and duties related to timely 17
completion of records; 18
(i) Possesses by January 1, 2023, a written policy and procedures manual related 19
to sexual assault examinations that meets the standards provided by, and has 20
been approved by, the cabinet, and which includes: 21
1. A requirement that evidence collected as a result of an examination 22
performed under KRS 216B.400 be taken into custody within five (5) 23
days of notice from the collecting facility that the evidence is available 24
for retrieval; 25
2. A requirement that evidence received from a collecting facility relating 26
to an incident which occurred outside the jurisdiction of the police 27 UNOFFICIAL COPY 24 RS BR 891
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department be transmitted to a police department with jurisdiction 1
within ten (10) days of its receipt by the police department; 2
3. A requirement that all evidence retrieved from a collecting facility under 3
this paragraph be transmitted to the Department of Kentucky State 4
Police forensic laboratory within thirty (30) days of its receipt by the 5
police department; 6
4. A requirement that a suspect standard, if available, be transmitted to the 7
Department of Kentucky State Police forensic laboratory with the 8
evidence received from a collecting facility; 9
5. A process for notifying the victim from whom the evidence was 10
collected of the progress of the testing, whether the testing resulted in a 11
match to other DNA samples, and if the evidence is to be destroyed. The 12
policy may include provisions for delaying notice until a suspect is 13
apprehended or the office of the Commonwealth's attorney consents to 14
the notification, but shall not automatically require the disclosure of the 15
identity of any person to whom the evidence matched; and 16
6. A requirement that DNA samples collected as a result of an examination 17
performed under KRS 216B.400 that are voluntarily submitted solely for 18
elimination purposes shall not be checked against any DNA index, 19
retained, or included in any DNA index; and 20
(j) Requires all police officers to successfully complete by December 31, 2022, 21
and every two (2) years thereafter, a training course certified by the council of 22
not less than four (4) hours in emergency vehicle operation. 23
(2) Each unit of government with a dispatch center that meets the following 24
requirements shall be eligible to share in the distribution of funds from the Law 25
Enforcement Foundation Program fund: 26
(a) Employs one (1) or more law enforcement telecommunicators; 27 UNOFFICIAL COPY 24 RS BR 891
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(b) Pays every law enforcement telecommunicator at least the minimum federal 1
wage; 2
(c) Complies with the requirements in KRS 15.540; 3
(d) Requires all law enforcement telecommunicators that are not certified in 4
the Criminal Justice Information System to comply with all training 5
requirements of KRS 15.560 or a comparable program pursuant to KRS 6
15.570; 7
(e) Requires all law enforcement telecommunicators that are certified in the 8
Criminal Justice Information System to comply with all training 9
requirements of KRS 15.565 or a comparable program pursuant to KRS 10
15.570; and 11
(f) Complies with all administrative regulations promulgated pursuant to KRS 12
15.590 that are applicable to law enforcement telecommunicators. 13
(3)[(2)] A unit of government which meets the criteria of this section shall be eligible 14
to continue sharing in the distribution of funds from the Law Enforcement 15
Foundation Program fund only if the police department or dispatch center of the 16
unit of government remains in compliance with the requirements of this section. 17
(4)[(3)] Deputies employed by a sheriff's office shall be eligible to participate in the 18
distribution of funds from the Law Enforcement Foundation Program fund 19
regardless of participation by the sheriff. 20
(5)[(4)] Failure to meet a deadline established in a policy adopted pursuant to 21
subsection (1)(i) of this section for the retrieval or submission of evidence shall not 22
be a basis for a dismissal of a criminal action or a bar to the admissibility of the 23
evidence in a criminal action. 24
Section 3. KRS 15.460 is amended to read as follows: 25
(1) (a) Except as provided in subsection (4)(a) of this section, an eligible unit of 26
government shall be entitled to receive an annual supplement of four[three] 27 UNOFFICIAL COPY 24 RS BR 891
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thousand dollars ($4,000)[($3,000)] for each qualified police officer and each 1
qualified law enforcement telecommunicator it employs.[ The supplement 2
amount shall be increased to four thousand dollars ($4,000) beginning July 1, 3
2018. 4
(b) 1. In addition to the supplement, the unit of government shall receive an 5
amount equal to the required employer's contribution on the supplement 6
to the retirement plan and duty category to which the employee[officer] 7
belongs. In the case of County Employees Retirement System 8
membership, the retirement plan contribution on the supplement shall be 9
paid whether the employee[officer] enters the system under hazardous 10
duty coverage or nonhazardous coverage. 11
2. The unit of government shall pay the amount received for retirement 12
plan coverage to the appropriate retirement system to cover the required 13
employer contribution on the pay supplement. 14
3. If the foundation program funds are insufficient to pay employer 15
contributions to the system, then the total amount available for 16
retirement plan payments shall be prorated to each eligible government 17
so that each receives the same percentage of required retirement plan 18
costs attributable to the cash salary supplement. 19
(c) 1. In addition to the payments received under paragraphs (a) and (b) of this 20
subsection, but only if sufficient funds are available to make all 21
payments required under paragraph (b) of this subsection, each unit of 22
government shall receive an administrative expense reimbursement in an 23
amount equal to seven and sixty-five one-hundredths percent (7.65%) of 24
the total annual supplement received greater than three thousand one 25
hundred dollars ($3,100) for each: 26
a. Qualified police officer that is a local officer as defined in KRS 27 UNOFFICIAL COPY 24 RS BR 891
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15.420(2)(a)1[.]; and 1
b. Qualified law enforcement telecommunicator employed by an 2
eligible consolidated local government, unified local government 3
city, county, urban-county government, or charter county 4
government[ that it employs, subject to the cap established by 5
subparagraph 3. of this paragraph]. 6
2. The unit of government may use the moneys received under this 7
paragraph in any manner it deems necessary to partially cover the costs 8
of administering the payments received under paragraph (a) of this 9
subsection. 10
3. The total amount distributed under this paragraph shall not exceed the 11
total sum of five hundred twenty-five thousand dollars ($525,000) for 12
each fiscal year. If there are insufficient funds to provide for full 13
reimbursement as provided in subparagraph 1. of this paragraph, then 14
the amount shall be distributed pro rata to each eligible unit of 15
government so that each receives the same percentage attributable to its 16
total receipt of the cash salary supplement. 17
(d) 1. In addition to the payments received under paragraphs (a) and (b) of this 18
subsection, each unit of government shall receive the associated fringe 19
benefits costs for the total supplement of four thousand dollars ($4,000) 20
for each: 21
a. Qualified police officer that is a state officer as defined in KRS 22
15.420(2)(a)2; and 23
b. Qualified law enforcement telecommunicator employed by the 24
Kentucky State Police[. that it employs]. 25
2. Fringe benefits shall be limited to retirement plan contributions and the 26
federal insurance contributions act tax. 27 UNOFFICIAL COPY 24 RS BR 891
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(e) Notwithstanding paragraphs (a) to (d) of this subsection, a Kentucky 1
Department of Fish and Wildlife Resources conservation officer appointed 2
pursuant to KRS 150.090(2) and listed in KRS 15.420(2)(a)2.n. shall be a 3
participant in the Kentucky Law Enforcement Foundation Program fund, but 4
shall not receive an annual supplement from that fund. A conservation officer 5
shall receive an annual training stipend commensurate to the annual 6
supplement paid to the police officer as defined in KRS 15.420. The annual 7
training stipend disbursed to a conservation officer shall be paid from the 8
game and fish fund pursuant to KRS 150.150. 9
(f) Any peace officer sanctioned by the Tourism, Arts and Heritage Cabinet shall 10
be deemed a police officer solely for the purpose of inclusion in the Law 11
Enforcement Foundation Program fund. 12
(2) The supplement provided in subsection (1) of this section shall be paid by the unit 13
of government to each employee[police officer] whose qualifications resulted in 14
receipt of a supplemental payment. The payment shall be in addition to the 15
employee's[police officer's] regular salary and, except as provided in subsection 16
(4)(b) of this section, shall continue to be paid to an employee[a police officer] who 17
is a member of: 18
(a) The Kentucky National Guard during any period of activation under Title 10 19
or 32 of the United States Code or KRS 38.030; or 20
(b) Any reserve component of the United States Armed Forces during any period 21
of activation with the United States Armed Forces. 22
(3) (a) A qualified sheriff who receives the maximum salary allowed by Section 246 23
of the Kentucky Constitution and KRS 64.527 shall not receive a supplement. 24
(b) A qualified sheriff who does not receive the maximum salary allowed by 25
Section 246 of the Kentucky Constitution and KRS 64.527, excluding the 26
expense allowance provided by KRS 70.170, shall upon annual settlement 27 UNOFFICIAL COPY 24 RS BR 891
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with the fiscal court under KRS 134.192, receive that portion of the 1
supplement that will not cause his or her compensation to exceed the 2
maximum salary. 3
(c) A qualified sheriff who seeks to participate in the fund shall forward a copy of 4
the annual settlement prepared under KRS 134.192 to the fund. The sheriff 5
shall reimburse the fund if an audit of the annual settlement conducted 6
pursuant to KRS 134.192 reflects that the sheriff received all or a portion of 7
the supplement in violation of this section. A sheriff who fails to provide a 8
copy of the annual settlement to the fund or to reimburse the fund after 9
correction by audit, if required, shall not be qualified to participate in the fund 10
for a period of two (2) years. 11
(d) A qualified deputy sheriff shall receive the supplement from the sheriff if the 12
sheriff administers his or her own budget or from the county treasurer if the 13
sheriff pools his or her fees. The failure of a sheriff to comply with the 14
provisions of this section shall not affect the qualification of his or her 15
deputies to participate in the fund. 16
(4) (a) Eligible units of government shall receive the salary supplement, excluding 17
funds applicable to the employer's retirement plan contribution, provided in 18
subsection (1) of this section for distribution to an employee[a police officer] 19
who is eligible under subsection (2) of this section. 20
(b) A qualified employee[police officer] receiving a salary supplement during any 21
period of military activation, as provided in subsection (2) of this section, 22
shall not be entitled to receive the employer's retirement plan contribution, 23
and the salary supplement shall not be subjected to an employee's contribution 24
to a retirement plan. The salary supplement shall otherwise be taxable for all 25
purposes. 26
(5) A unit of government receiving disbursements pursuant to subsection 1 of [ under] 27 UNOFFICIAL COPY 24 RS BR 891
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this section shall follow all laws applicable to it that may govern due process 1
disciplinary procedures for its police officers, but this subsection shall not be 2
interpreted to: 3
(a) Authorize the department, the cabinet, or the council to investigate, judge, or 4
exercise any control or jurisdiction regarding the compliance of a unit of 5
government with laws that may govern due process disciplinary procedures 6
for its police officers, except as otherwise provided by laws; 7
(b) Create a private right of action for any police officer regarding an agency's 8
participation in this section; 9
(c) Authorize a termination of an agency's participation as a result of a judgment 10
that the unit of government failed to follow its procedures in any independent 11
cause of action brought by the police officer against the unit of government; 12
or 13
(d) Prevent the adoption, amendment, or repeal of any laws that may govern the 14
due process disciplinary procedures of a unit of government's police officers. 15
Section 4. KRS 15.470 is amended to read as follows: 16
Law Enforcement Foundation Program funds made available to units of government shall 17
be received, held, and expended in accordance with the provisions of KRS 15.410 to 18
15.510, including the administrative regulations promulgated by the cabinet and the 19
following specific restrictions: 20
(1) Funds provided shall be used only as a cash salary supplement to employees[police 21
officers], for payments to the retirement plan to which the employee[officer] 22
belongs to cover employer retirement costs on the cash salary supplement, and for 23
administrative costs as provided in KRS 15.450; 24
(2) Funds provided shall be used only to compensate police officers who have 25
complied with KRS 15.440(1)(c), (d), and (e) and law enforcement 26
telecommunicators who have complied with subsection (2) of Section 2 of this 27 UNOFFICIAL COPY 24 RS BR 891
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Act; 1
(3) Each employee[police officer] shall be entitled to receive the state supplement that 2
the employee's[officer's] qualifications brought to the unit of government; 3
(4) Funds provided shall not be used to supplant existing salaries or as a substitute for 4
normal salary increases periodically due to the employees[police officers]; 5
(5) Each employee[police officer] receiving the state supplement who is also a member 6
of the Kentucky National Guard or any reserve component of the United States 7
Armed Forces shall continue to receive the state supplement during any period of 8
military activation, as provided in KRS 15.460(2); and 9
(6) Funds distributed or received pursuant to subsection (5) of this section shall be 10
excluded from all aspects of the Kentucky Retirement Systems or any other 11
retirement system. 12
Section 5. KRS 15.490 is amended to read as follows: 13
(1) Each participating unit of government shall submit reports to the cabinet on March 14
31, June 30, September 30, and December 31 of each year containing information 15
relative to number, rank, education, training, and compensation of police officers 16
and law enforcement telecommunicators employed by it and the disposition made 17
of any state or other funds received pursuant to KRS 15.410 to 15.510. Nothing in 18
this section shall prohibit the cabinet from requiring additional information or 19
reports from participating units of government; 20
(2) Units of government shall include the additional compensation paid to each 21
employee[police officer] from the Law Enforcement Foundation Program fund as a 22
part of the employee's[officer's] salary in determining all payroll deductions. 23
Section 6. KRS 15.518 is amended to read as follows: 24
(1) As used in this section, unless the context requires otherwise: 25
(a) "Commissioner" means the commissioner of the department; 26
(b) "Department" means the Department of Criminal Justice Training of the 27 UNOFFICIAL COPY 24 RS BR 891
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Justice and Public Safety Cabinet; 1
(c) "Fund" means the Law Enforcement Professional Development and Wellness 2
Program fund established in subsection (8) of this section; and 3
(d) "Program" means the Law Enforcement Professional Development and 4
Wellness Program established in this section. 5
(2) The department shall develop a Law Enforcement Professional Development and 6
Wellness Program. 7
(3) The program shall use seminar-based peer support and counseling services designed 8
to reduce negative mental and behavioral health outcomes. 9
(4) The program shall be offered to Kentucky law enforcement officers and 10
telecommunicators at least two (2) times each calendar year. 11
(5) On a limited basis, the program may be offered to law enforcement officers from 12
states other than Kentucky upon application to and approval by the commissioner. 13
However, no Kentucky law enforcement officer or telecommunicator may be 14
denied admission to the program if law enforcement officers from another state are 15
admitted to the program. 16
(6) The department shall promulgate administrative regulations in accordance with 17
KRS Chapter 13A to implement this section. The administrative regulations shall 18
address, at a minimum: 19
(a) The required qualifications and duties of any person used by the department to 20
implement or administer the program; 21
(b) The curriculum, programming, seminar type, and treatment modalities used in 22
the program; 23
(c) The extent to which a participant's relatives or friends may participate in 24
seminars; 25
(d) The standards by which law enforcement officers from other states may be 26
accepted into the program by the commissioner; and 27 UNOFFICIAL COPY 24 RS BR 891
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(e) A protocol for establishing reciprocity for interagency assistance with other 1
state, federal, and tribal law enforcement agencies and officers in 2
administering the program. 3
(7) (a) Except as provided in paragraphs (b) and (c) of this subsection, 4
communications, identifying data, and any reports made in the application for 5
or in the course of an officer's or telecommunicator's participation in the 6
program shall be confidential and privileged from disclosure in any civil or 7
criminal proceeding and shall not be subject to discovery, disclosure, or 8
production upon the order or subpoena of a court or other agency with 9
subpoena power, regardless of who possesses them. The participating officer 10
or telecommunicator is the holder of the privilege. 11
(b) The department may use anonymous data for research, statistical analysis, and 12
educational purposes. 13
(c) Any communication making an actual threat of physical violence against a 14
clearly identified or reasonably identifiable victim or an actual threat of some 15
specific violent act may be revealed by the program in order to prevent the 16
commission of any physical violence or violent act using the protocol 17
established in KRS 202A.400. 18
(8) (a) There is hereby established in the State Treasury a restricted fund to be known 19
as the Law Enforcement Professional Development and Wellness Program 20
fund. 21
(b) The fund shall consist of moneys received from the Kentucky Law 22
Enforcement Foundation Program fund established in KRS 15.430, grants, 23
gifts, state appropriations, and federal funds. 24
(c) The fund shall be administered by the department. 25
(d) Amounts deposited in the fund shall be used only for administration of the 26
program. 27 UNOFFICIAL COPY 24 RS BR 891
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(e) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 1
fiscal year shall not lapse but shall be carried forward to the next fiscal year. 2
(f) Any interest earnings of the fund shall become a part of the fund and shall not 3
lapse. 4
(g) Moneys deposited in the fund are hereby appropriated for the purposes set 5
forth in this section and shall not be appropriated or transferred by the General 6
Assembly for any other purposes. 7
(9) (a) For the purposes of this subsection, "critical incident" means any event that 8
has a stressful impact sufficient enough to overwhelm a peace officer's or law 9
enforcement telecommunicator's usual coping strategies. These events may 10
include: 11
1. An officer-involved shooting; 12
2. A vehicle crash resulting in serious injury or death to an officer or 13
citizen; 14
3. An officer being the victim of a felonious assault; 15
4. The death of a colleague or partner; 16
5. The death of, or serious injury to, a person in the custody of the officer; 17
6. The severe injury to, or death of, a child, particularly if the officer has a 18
child of or near the same age;[ or] 19
7. An incident involving multiple deaths or injuries in a short amount of 20
time; or 21
8. A dispatch call involving serious injury or death. 22
(b) Any employee[peace officer] involved directly in a critical incident may take 23
up to forty-eight (48) hours of leave immediately following a critical incident. 24
This leave may commence upon: 25
1. The completion of that employee's[peace officer's] shift encompassing 26
the critical incident, or when all necessary administrative procedures 27 UNOFFICIAL COPY 24 RS BR 891
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relating to a critical incident have been completed; and 1
2. The employee[officer] informs his or her supervisor. 2
(c) This leave may be unpaid or paid leave. The pay status is to be determined by 3
the employee's[officer's] employment contract, collective labor agreement if 4
any, or by written departmental policy. 5
(d) This subsection shall not be construed to set aside any employment contract, 6
labor agreement, or departmental policies that grant more than forty-eight (48) 7
hours of leave following [an] a law enforcement officer or 8
telecommunicator[officer] involved critical incident. 9
Section 7. KRS 67A.205 is amended to read as follows: 10
(1) As used in this section "police officer" has the same meaning as in KRS 15.420. 11
(2) Subject to the limitations of subsection (7) of this section, the legislative body of 12
the urban-county government may employ, as needed, individuals as police officers 13
under this section who have retired from the Police and Fire Retirement Fund 14
established by KRS 67A.360 to 67A.690. 15
(3) To be eligible for employment under this section, an individual shall have: 16
(a) Participated in the Law Enforcement Foundation Program fund under KRS 17
15.410 to 15.510 as a police officer; 18
(b) Retired on a service retirement annuity under the provisions of KRS 67A.410; 19
(c) Been separated from service for a period of not less than thirty (30) days; 20
(d) Retired with no administrative charges pending; and 21
(e) Retired with no preexisting agreement or arrangement between the individual 22
and the urban-county government prior to the individual's retirement for the 23
individual to return to work for the urban-county government. 24
(4) Individuals employed under this section shall: 25
(a) 1. Serve for a term not to exceed one (1) year. 26
2. The one (1) year employment term may be renewed annually at the 27 UNOFFICIAL COPY 24 RS BR 891
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discretion of the employing urban-county government; 1
(b) Receive compensation according to the standard procedures applicable to the 2
employing urban-county government; and 3
(c) Be employed based upon need as determined by the employing urban-county 4
government. 5
(5) Individuals employed under this section: 6
(a) Shall continue to receive all retirement and health insurance benefits to which 7
they were entitled under the provisions of KRS 67A.345 and 67A.360 to 8
67A.690; 9
(b) 1. Shall be subject to any merit system, civil service, or other legislative 10
due process provisions applicable to the employing urban-county 11
government. 12
2. A decision not to renew a one (1) year appointment term under this 13
section shall not be considered a retaliatory action, disciplinary action, 14
or deprivation subject to due process; and 15
(c) Shall not be eligible to receive additional health insurance coverage through 16
the employing urban-county government beyond the health insurance benefits 17
prescribed for retirees in KRS 67A.345. 18
(6) The employing urban-county government shall not make any employment 19
retirement contributions for retired police officers employed pursuant to this section 20
to any government pension plan authorized under KRS Chapter 67A. 21
(7) The number of retirees hired by an urban-county government under this section 22
shall not exceed the greater of: 23
(a) Twenty-five (25) police officers; or 24
(b) A number equal to ten percent (10%) of the police officers employed by the 25
urban-county government in the immediately preceding calendar year. 26
Section 8. KRS 67A.6901 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 891
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As used in KRS 67A.6901 to 67A.6911: 1
(1) "Secretary" means the secretary of the cabinet; 2
(2) "Corrections personnel" means an employee of an urban-county government 3
permanently assigned to a detention facility and working in any capacity in that 4
detention facility; 5
(3) "Cabinet" means the Education and Labor Cabinet; 6
(4) "Exclusive representative" means the labor organization which has been designated 7
by the cabinet as the representative of the majority of police officers, firefighter 8
personnel, firefighters, or corrections personnel in appropriate units or has been so 9
recognized by the urban-county government; 10
(5) "Firefighter" means an employee of an urban-county government engaged in 11
serving the public by providing fire protection, including those covered by KRS 12
Chapter 95; 13
(6) "Firefighter personnel" means dispatch communications officers; 14
(7) "Labor organization" means any chartered labor organization of any kind in which 15
police officers, firefighter personnel, firefighters, or corrections personnel 16
participate and which exists for the primary purpose of dealing with urban-county 17
governments concerning grievances, labor disputes, wages, rate of pay, hours of 18
employment, or conditions of employment; 19
(8) "Person" includes one (1) or more individuals, labor organizations, associations, 20
corporations, legal representatives, trustees, trustees in bankruptcy, or receivers; 21
and 22
(9) "Police officer" has the same meaning as "police officer" in Section 1 of this 23
Act[means an employee, sworn or certified, of an urban-county government who 24
participates in the Law Enforcement Foundation Program Fund provided in KRS 25
15.410 to 15.510]. 26
Section 9. KRS 70.292 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS BR 891
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(1) A county police department or county sheriff's office in the Commonwealth of 1
Kentucky may employ police officers who have retired under the State Police 2
Retirement System, Kentucky Employees Retirement System, or the County 3
Employees Retirement System as provided by KRS 70.291 to 70.293. 4
(2) An individual employed under KRS 70.291 to 70.293 shall have: 5
(a) 1. Participated in the Law Enforcement Foundation Program fund under 6
KRS 15.410 to 15.515 as a police officer; or 7
2. Retired as a commissioned officer pursuant to KRS Chapter 16; 8
(b) Retired with at least twenty (20) years of service credit; 9
(c) Been separated from service for the period required by KRS 61.637 so that the 10
member's retirement is not voided; 11
(d) Retired with no administrative charges pending; and 12
(e) Retired with no pre-existing agreement between the individual and the county 13
police department or the sheriff's office prior to the individual's retirement for 14
the individual to return to work for the county police department or the 15
sheriff's office. 16
Section 10. KRS 95.022 is amended to read as follows: 17
(1) As used in this section: 18
(a) "City" means any incorporated city, consolidated local government, unified 19
local government, urban-county government, or charter county government, 20
operating under the law of this Commonwealth, and the offices and agencies 21
thereof; and 22
(b) "Police officer" has the same meaning as "police officer" in KRS 15.420 and 23
as "officer" in KRS 16.010. 24
(2) Subject to the limitations of subsection (7) of this section, a city may employ 25
individuals as police officers under this section who have retired from the Kentucky 26
Employees Retirement System, the County Employees Retirement System, or the 27 UNOFFICIAL COPY 24 RS BR 891
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State Police Retirement System. 1
(3) To be eligible for employment under this section, an individual shall have: 2
(a) Participated in the Law Enforcement Foundation Program fund under KRS 3
15.410 to 15.510 as a police officer or retired as a commissioned officer 4
pursuant to KRS Chapter 16; 5
(b) Retired with at least twenty (20) years of service credit; 6
(c) Been separated from service for the period required by KRS 61.637 and 7
78.5540 so that the member's retirement is not voided; 8
(d) Retired with no administrative charges pending; and 9
(e) Retired with no preexisting agreement between the individual and the city 10
prior to the individual's retirement for the individual to return to work for the 11
city. 12
(4) Individuals employed under this section shall: 13
(a) Serve for a term not to exceed one (1) year. The one (1) year employment 14
term may be renewed annually at the discretion of the employing city; 15
(b) Receive compensation according to the standard procedures applicable to the 16
employing city; and 17
(c) Be employed based upon need as determined by the employing city. 18
(5) Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287, 19
61.510 to 61.705, or 78.510 to 78.852 to the contrary: 20
(a) Individuals employed under this section shall continue to receive all 21
retirement and health insurance benefits to which they were entitled upon 22
retiring in the applicable system administered by Kentucky Retirement 23
Systems or the County Employees Retirement System; 24
(b) Individuals employed under this section shall not be eligible to receive health 25
insurance coverage through the employing city; 26
(c) The city shall not pay any employer contributions or retiree health expense 27 UNOFFICIAL COPY 24 RS BR 891
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reimbursements to the Kentucky Retirement Systems required by KRS 61.637 1
for individuals employed under this section; and 2
(d) The city shall not pay any insurance contributions to the state health insurance 3
plan, as provided by KRS 18A.225 to 18A.2287, for individuals employed 4
under this section. 5
(6) Individuals employed under this section shall be subject to any merit system, civil 6
service, or other legislative due process provisions applicable to the employing city. 7
A decision not to renew a one (1) year appointment term under this section shall not 8
be considered a disciplinary action or deprivation subject to due process. 9
(7) A city government shall be limited in the number of retired police officers that it 10
may hire under this section as follows: 11
(a) A city government that employed an average of five (5) or fewer police 12
officers over the course of the immediately preceding calendar year shall not 13
be limited in the number of officers that they may hire under this section; 14
(b) A city government that employed an average of more than five (5) but fewer 15
than one hundred (100) police officers over the course of the immediately 16
preceding calendar year shall not hire more than five (5) police officers or a 17
number equal to twenty-five percent (25%) of the police officers employed by 18
the city in the immediately preceding calendar year, whichever is greater; and 19
(c) A city government that employed an average of one hundred (100) or more 20
police officers over the course of calendar year 2015 shall not hire more than 21
twenty-five (25) police officers or a number equal to ten percent (10%) of the 22
police officers employed by the city in the immediately preceding calendar 23
year, whichever is greater. 24
(8) Retired police officers employed by a city government for purposes of KRS 25
158.4414 shall not apply against the limitations provided by subsection (7) of this 26
section. 27 UNOFFICIAL COPY 24 RS BR 891
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Section 11. KRS 164.952 is amended to read as follows: 1
(1) As used in this section: 2
(a) "Police officer" has the same meaning as "police officer" in KRS 15.420, as 3
"police officer" in KRS 164.950 to 164.980, and as "officer" in KRS 16.010; 4
and 5
(b) "Postsecondary institution" means any public institution of postsecondary 6
education authorized to establish a police department pursuant to KRS 7
164.950 to 164.980 that participates in the Kentucky Employees Retirement 8
System. 9
(2) Subject to the limitations of subsection (7) of this section, a postsecondary 10
institution may employ individuals as police officers under this section who have 11
retired from the Kentucky Employees Retirement System, the County Employees 12
Retirement System, or the State Police Retirement System. 13
(3) To be eligible for employment under this section, an individual shall have: 14
(a) Participated in the Law Enforcement Foundation Program fund under KRS 15
15.410 to 15.510 as a police officer, retired as a commissioned officer 16
pursuant to KRS Chapter 16, or retired as a police officer from a 17
postsecondary institution; 18
(b) Retired with at least twenty (20) years of service credit; 19
(c) Been separated from service for the period required by KRS 61.637 or 20
78.5540 so that the member's retirement is not voided; 21
(d) Retired with no administrative charges pending; and 22
(e) Retired with no preexisting agreement between the individual and the 23
postsecondary institution prior to the individual's retirement for the individual 24
to return to work for the postsecondary institution. 25
(4) Individuals employed under this section shall: 26
(a) Serve for a term not to exceed one (1) year. The one (1) year employment 27 UNOFFICIAL COPY 24 RS BR 891
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term may be renewed annually at the discretion of the employing 1
postsecondary institution; 2
(b) Receive compensation according to the standard procedures applicable to the 3
employing postsecondary institution; and 4
(c) Be employed based upon need as determined by the employing postsecondary 5
institution. 6
(5) Notwithstanding any provisions of KRS 16.505 to 16.652, 18A.225 to 18A.2287, 7
61.510 to 61.705, or 78.510 to 78.852 to the contrary: 8
(a) Individuals employed under this section shall continue to receive all 9
retirement and health insurance benefits to which they were entitled upon 10
retiring in the applicable system administered by Kentucky Retirement 11
Systems; 12
(b) Individuals employed under this section shall not be eligible to receive health 13
insurance coverage through the employing postsecondary institution; 14
(c) The postsecondary institution shall not pay any employer contributions or 15
retiree health expense reimbursements to the Kentucky Retirement Systems 16
required by KRS 61.637(17) for individuals employed under this section; and 17
(d) The postsecondary institution shall not pay any insurance contributions to the 18
state health insurance plan, as provided by KRS 18A.225 to 18A.2287, for 19
individuals employed under this section. 20
(6) Individuals employed under this section shall be subject to any legislative due 21
process provisions applicable to police officers of the employing postsecondary 22
institution. A decision not to renew a one (1) year appointment term under this 23
section shall not be considered a disciplinary action or deprivation subject to due 24
process. 25
(7) The number of retired police officers a postsecondary institution may hire under the 26
provisions of this section shall be limited to five (5) retired police officers or a 27 UNOFFICIAL COPY 24 RS BR 891
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number equal to twenty-five percent (25%) of the police officers employed by the 1
postsecondary institution in calendar year 2018, whichever is greater. 2
Section 12. KRS 337.100 is amended to read as follows: 3
(1) No employer shall terminate an employee who is a volunteer firefighter, rescue 4
squad member, emergency medical technician, peace officer, or a member of an 5
emergency management agency because that employee, when acting as a volunteer 6
firefighter, rescue squad member, emergency medical technician, peace officer, or a 7
member of an emergency management agency, is absent or late to the employee's 8
employment in order to respond to an emergency prior to the time the employee is 9
to report to his or her place of employment. 10
(2) No employer shall terminate an employee who is a volunteer firefighter, rescue 11
squad member, emergency medical technician, peace officer, law enforcement 12
telecommunicator, or a member of an emergency management agency because that 13
employee, when acting as a volunteer firefighter, rescue squad member, emergency 14
medical technician, peace officer, law enforcement telecommunicator, or a 15
member of an emergency management agency, takes leave following a critical 16
incident pursuant to KRS 15.518 and 95A.292. 17
(3) An employer may charge any time that an employee who is a volunteer firefighter, 18
rescue squad member, emergency medical technician, peace officer, or a member of 19
an emergency management agency loses from employment because of the 20
employee's response to an emergency against the employee's regular pay. 21
(4) An employer may request an employee who loses time from the employee's 22
employment to respond to an emergency to provide the employer with a written 23
statement from the supervisor or acting supervisor of the volunteer fire department, 24
rescue squad, emergency medical services agency, law enforcement agency, or the 25
director of the emergency management agency stating that the employee responded 26
to an emergency and listing the time and date of the emergency. 27 UNOFFICIAL COPY 24 RS BR 891
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(5) No employer shall terminate an employee who is a volunteer firefighter, rescue 1
squad member, emergency medical technician, peace officer, or member of an 2
emergency management agency who is absent for a period of no more than twelve 3
(12) months from the employee's employment because of injuries incurred in the 4
line of duty. The volunteer firefighter, rescue squad member, emergency medical 5
technician, peace officer, or member of an emergency management agency shall 6
provide, at the request of his or her employer: 7
(a) A written statement from the supervisor, acting supervisor, or director of the 8
volunteer fire department, rescue squad, emergency medical services agency, 9
law enforcement agency, or emergency management agency under whose 10
command the employee was on active duty and on assignment with that fire 11
department, rescue squad, emergency medical services agency, law 12
enforcement agency, or emergency management agency when the injury 13
occurred; and 14
(b) A written statement from at least one (1) licensed and practicing physician 15
stating that the volunteer firefighter, rescue squad member, emergency 16
medical technician, peace officer, or member of an emergency management 17
agency is injured and a date for the employee's return to work. 18
(6) Any employee that is terminated in violation of the provisions of this section may 19
bring a civil action against his or her employer. The employee may seek 20
reinstatement to the employee's former position, payment of back wages, 21
reinstatement of fringe benefits, and where seniority rights are granted, the 22
reinstatement of seniority rights. In order to recover, the employee shall file this 23
action within one (1) year of the date of the violation of this section. 24
Section 13. This Act takes effect August 1, 2024. 25