UNOFFICIAL COPY 24 RS BR 307 Page 1 of 18 XXXX 1/2/2024 11:02 AM Jacketed AN ACT relating to redistricting. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 3 READ AS FOLLOWS: 4 As used in Sections 1 to 11 of this Act: 5 (1) "Commission" means the Citizens Redistricting Commission; 6 (2) "Commissioner" means a person who is selected as a member of the Citizens 7 Redistricting Commission; 8 (3) "Local government" means any of the following: 9 (a) City government; 10 (b) County government; 11 (c) Urban-county government; 12 (d) Charter county government; 13 (e) Consolidated local government; or 14 (f) Unified local government; 15 (4) "Major political party" means either of the two (2) political parties with the 16 largest representation in the General Assembly; 17 (5) "Population" means the most recent United States Census data collected under 18 Pub. L. No. 94-171; and 19 (6) "Redistricting" means the drawing of boundary lines for election districts in 20 order to achieve, as nearly as possible, equal population among the election 21 districts. 22 SECTION 2. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 23 READ AS FOLLOWS: 24 (1) The Citizens Redistricting Commission is hereby created as a permanent 25 commission for the purpose of drawing and adopting redistricting plans after 26 each decennial census, or as required by law, for each of the following districts: 27 UNOFFICIAL COPY 24 RS BR 307 Page 2 of 18 XXXX 1/2/2024 11:02 AM Jacketed (a) State senatorial districts; 1 (b) State representative districts; and 2 (c) Congressional districts. 3 (2) The commission shall consist of thirteen (13) commissioners who shall: 4 (a) Be registered and eligible to vote in the Commonwealth of Kentucky; 5 (b) Not currently or in the past six (6) years, been any of the following: 6 1. A declared candidate for any partisan elective office; 7 2. A partisan elected official or person appointed to fill a vacancy in any 8 partisan elective office; 9 3. An officer or member of the governing body of a national, state, or 10 local political party; 11 4. A paid partisan consultant or an employee of any partisan elected 12 official or partisan political candidate, a partisan political candidate's 13 campaign, or a political action committee; 14 5. An employee of the General Assembly or the Legislative Research 15 Commission; or 16 6. A legislative agent as defined in KRS 6.611, a legislative agent's 17 employer as defined in KRS 6.611, an executive agency lobbyist as 18 defined in KRS 11A.201, or any other person employed as a lobbyist as 19 defined in KRS 11A.010; 20 (c) Not be the parent, stepparent, child, stepchild, sibling, or spouse of any 21 individual who is disqualified from serving as a commissioner under 22 paragraph (b) of this subsection; 23 (d) Not be otherwise ineligible for appointed or elected office; 24 (e) Have voted in at least two (2) of the last three (3) statewide elections; 25 (f) Not have donated more than two thousand dollars ($2,000), in sum and for 26 the same election, to an elected candidate, a candidate's political action 27 UNOFFICIAL COPY 24 RS BR 307 Page 3 of 18 XXXX 1/2/2024 11:02 AM Jacketed committee or permanent committee, a caucus campaign committee, or an 1 executive committee; 2 (g) Not have switched party affiliation within the five (5) years preceding the 3 appointment; 4 (h) Not live, or in the previous five (5) years have lived, in the same household 5 or shared the same residential address with any individual who is 6 disqualified from serving as a commissioner under paragraph (b) of this 7 subsection; and 8 (i) Attest under oath that he or she meets the qualifications set forth in this 9 section. 10 SECTION 3. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 11 READ AS FOLLOWS: 12 (1) The process of selecting commissioners shall be determined by the Secretary of 13 State in accordance with this section. 14 (2) The Secretary of State shall: 15 (a) Prescribe the form of the application for the position of commissioner and 16 make the application available to the general public no later than January 1 17 of the year of the federal decennial census, and decennially thereafter, 18 circulating the application in a manner that invites wide public 19 participation from different regions of the state; 20 (b) Make the application available on the Secretary of State's website and mail 21 the application to ten thousand (10,000) registered voters, at random, by 22 January 1 of the year of the federal decennial census; 23 (c) Publish notice in two (2) or more newspapers of general circulation in this 24 state and also issue press releases to various media outlets, including radio 25 and television stations servicing residents of this state, to provide 26 Kentuckians with information regarding: 27 UNOFFICIAL COPY 24 RS BR 307 Page 4 of 18 XXXX 1/2/2024 11:02 AM Jacketed 1. The commission's objectives and obligations; 1 2. The qualifications established for commissioners in Section 2 of this 2 Act; 3 3. The process by which residents of this state who are interested in 4 becoming a commissioner can submit an application; and 5 4. A point of contact where residents of this state can direct questions; 6 (d) Between March 1 and April 1 of the year of the federal decennial census, 7 and decennially thereafter, mail additional applications as prescribed under 8 paragraph (b) of this subsection, to five thousand (5,000) registered voters 9 of this state, selected at random, and witnessed by a classified employee of 10 the Secretary of State's Office, of whom one thousand (1,000) shall be 11 voters registered with one (1) major political party, one thousand (1,000) 12 shall be registered voters with a different and contrasting major political 13 party, and three thousand (3,000) shall be voters who are not registered with 14 either major political party; 15 (e) Require each applicant to state on the application whether he or she is 16 affiliated with one (1) of the two (2) major political parties or does not 17 affiliate with either major political party; and 18 (f) Require each applicant to attest, under the validity of signature and penalty 19 of perjury, that he or she meets the qualifications set forth in subsection (2) 20 of Section 2 of this Act. 21 (3) The Secretary of State shall accept applications for commissioner until June 1 of 22 the year of the federal decennial census. 23 (4) Between June 1 and July 1 of the year of the federal decennial census, and 24 decennially thereafter, from all applications submitted, the Secretary of State 25 shall: 26 (a) Eliminate incomplete applications and applications of persons who do not 27 UNOFFICIAL COPY 24 RS BR 307 Page 5 of 18 XXXX 1/2/2024 11:02 AM Jacketed meet the requirements in subsection (2) of this section and Section 2 of this 1 Act, based solely on the information contained within the applications; 2 (b) Divide the remaining applications into three (3) separate pools, of which: 3 1. One (1) pool shall consist of applications affiliated with one (1) of the 4 major political parties; 5 2. One (1) pool shall consist of applications of the different and 6 contrasting major political party; and 7 3. One (1) pool shall consist of applications that are not registered with 8 either of the two (2) major political parties; 9 (c) 1. Randomly select, as witnessed by a merit employee of the Secretary of 10 State's Office, two hundred (200) qualifying applicants, of whom sixty 11 (60) shall be selected from the pool of applicants registered with one 12 (1) of the two (2) major political parties, sixty (60) shall be selected 13 from the pool of applicants who are registered from the different and 14 contrasting major political party, and eighty (80) shall be selected 15 from the pool of applicants who are not registered with either of the 16 two (2) major political parties. 17 2. Fifty percent (50%) of each pool shall consist of qualifying applicants 18 who returned a mailed application. If fewer than thirty (30) qualifying 19 applicants affiliated with a major political party have applied to serve 20 on the commission in response to the random mailings or fewer than 21 forty (40) qualifying nonaffiliated applicants have applied to serve on 22 the commission in response to the mailings, the balance of the pool 23 with an insufficient number of mailed applications shall be populated 24 from the balance of qualifying applicants to that pool who applied 25 through other means. 26 3. The random selection process used by the Secretary of State to fill the 27 UNOFFICIAL COPY 24 RS BR 307 Page 6 of 18 XXXX 1/2/2024 11:02 AM Jacketed selection pools shall use accepted statistical weighting methods to 1 ensure that the pools, as closely as possible, mirror the geographic and 2 demographic makeup of the state; and 3 (d) Submit the randomly selected qualifying applications to the following: 4 1. President of the Senate; 5 2. Speaker of the House of Representatives; 6 3. The Minority Leader of the Senate; and 7 4. The Minority Leader of the House of Representatives. 8 (5) By August 1 of the year of the federal decennial census, and decennially 9 thereafter, the President of the Senate, Minority Leader of the Senate, Speaker of 10 the House of Representatives, and Minority Leader of the House of 11 Representatives may each strike five (5) applicants from any pool or pools. 12 (6) By September 1 of the year of the federal decennial census, and decennially 13 thereafter, the Secretary of State shall randomly draw the names of four (4) 14 commissioners from each of the two (2) pools affiliating with a major political 15 party, and five (5) commissioners from the pool of remaining nonaffiliated 16 applicants. 17 (7) The commission membership shall be inclusive of any person or group of people 18 representing a political party, without affiliation to a political party, from a rural 19 or urban area, or of a racial or linguistic minority. 20 (8) By October 15 of the year of the federal decennial census, and decennially 21 thereafter, the Secretary of State shall issue a call convening the commission. 22 SECTION 4. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 23 READ AS FOLLOWS: 24 (1) The terms of the commissioners shall expire once the commission has completed 25 its obligations for a census cycle or as otherwise required by law. 26 (2) If a vacancy occurs, the Secretary of State shall, within fourteen (14) calendar 27 UNOFFICIAL COPY 24 RS BR 307 Page 7 of 18 XXXX 1/2/2024 11:02 AM Jacketed days, fill the vacancy by randomly drawing a name from the remaining qualifying 1 applicants in the selection pool from which the commissioner was originally 2 selected. 3 (3) A commissioner's office shall become vacant upon the occurrence of any of the 4 following: 5 (a) Death of the commissioner; 6 (b) Mental incapacity of the commissioner; 7 (c) The Secretary of State's receipt of the commissioner's written resignation, 8 which shall be forwarded to the commission; 9 (d) The commissioner's violation of subsection (3) of Section 6 of this Act or 10 Section 10 of this Act; 11 (e) The commissioner ceases to be qualified to serve as a commissioner under 12 Sections 1 to 11 of this Act; or 13 (f) The commissioner's substantial neglect of duty, gross misconduct in office, 14 or inability to discharge the duties of the office. 15 A commissioner shall be removed under paragraph (b), (d), (e), or (f) of this 16 subsection only after written notice and an opportunity to respond, by an 17 affirmative roll call vote of at least nine (9) commissioners. 18 SECTION 5. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 19 READ AS FOLLOWS: 20 (1) The commission shall be attached to the Legislative Research Commission for 21 administrative purposes only. If funds are not available for the purposes of 22 Sections 1 to 11 of this Act, the costs shall be deemed a necessary government 23 expense and shall be paid from the general fund surplus account under KRS 24 48.700 or the budget reserve trust fund under KRS 48.705. 25 (2) The General Assembly shall appropriate funds sufficient to compensate the 26 commissioners and to enable the commission to carry out its duties, functions, 27 UNOFFICIAL COPY 24 RS BR 307 Page 8 of 18 XXXX 1/2/2024 11:02 AM Jacketed operations, and activities under Sections 1 to 11 of this Act. 1 (3) The commission may carry out the following functions, operations, and activities 2 in fulfillment of Sections 1 to 11 of this Act: 3 (a) Retaining or contracting independent and nonpartisan subject matter 4 experts and legal counsel; 5 (b) Procuring and contracting with vendors to perform the responsibilities of 6 the commission; 7 (c) Having legal standing to prosecute an action regarding the adequacy of 8 resources provided for the operation of the commission, and to defend any 9 action regarding an adopted plan; 10 (d) Conducting hearings and meetings; 11 (e) Publishing notices and maintaining a record of the commission's 12 proceedings; 13 (f) Purchasing equipment and computer software; 14 (g) Hiring administrative staff, and other staff and consultants, including legal 15 representation; and 16 (h) Any other activity necessary for the commission to conduct its business or 17 fulfill its duties under Sections 1 to 11 of this Act. 18 (4) The commission shall furnish reports of expenditures on a quarterly basis to the 19 secretary of the Finance and Administration Cabinet and to the Legislative 20 Research Commission and shall be subject to annual audit as provided by law. 21 (5) For each day that there is a commission meeting or hearing, and each day during 22 which the commissioner is working in fulfillment of his or her obligations, each 23 commissioner shall receive as compensation not more than two hundred dollars 24 ($200) per a seven and a half (7.5) hour work day. If a commissioner works less 25 than seven and a half (7.5) hours in a day, the two hundred dollars ($200) 26 compensation shall be prorated to correspond with the number of hours worked 27 UNOFFICIAL COPY 24 RS BR 307 Page 9 of 18 XXXX 1/2/2024 11:02 AM Jacketed by the commissioner. In addition to compensation as a member of the 1 commission, each commissioner shall be reimbursed for actual and necessary 2 expenses directly related to meetings and hearings of the commission. 3 (6) The commission shall inform the Legislative Research Commission if the 4 commission determines that funds or other resources provided for operation of 5 the commission are not adequate. 6 (7) The Legislative Research Commission shall furnish, under the direction of the 7 commission, all technical services that the commission deems necessary. 8 SECTION 6. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 9 READ AS FOLLOWS: 10 (1) Each commissioner shall perform his or her duties in a manner that is impartial 11 and reinforces public confidence in the integrity of the redistricting process. 12 (2) The commissioners, staff, attorneys, and consultants shall not discuss 13 redistricting matters with members of the public outside of an open meeting or 14 hearing of the commission, except that a commissioner may communicate about 15 redistricting matters with members of the public to gain information relevant to 16 the performance of his or her duties, if the communication occurs in writing or at 17 a previously publicly noticed forum, hearing, or any other meeting held open to 18 the general public. 19 (3) Commissioners, staff, attorneys, experts, and consultants shall not directly or 20 indirectly solicit or accept any gift or loan of money, goods, services, or other 21 thing of value greater than twenty dollars ($20) for the benefit of any person or 22 organization, which may influence the manner in which a commissioner, staff, 23 attorney, expert, or consultant performs his or her duties. 24 (4) A quorum of the commission shall consist of nine (9) commissioners. All 25 meetings and hearings shall require a quorum. A meeting or hearing of the 26 commission shall not be held without twenty-four (24) hours' notice to all 27 UNOFFICIAL COPY 24 RS BR 307 Page 10 of 18 XXXX 1/2/2024 11:02 AM Jacketed commissioners. All votes cast by the commission shall be recorded through a roll 1 call vote. 2 (5) The commission shall conduct its meetings and hearings in a manner that invites 3 wide public participation throughout the state. The commission shall use 4 technology to provide public observation and meaningful public participation in 5 the redistricting process during all meetings and hearings. 6 (6) The commission may adopt its own procedures, but shall refer to Mason's 7 Manual of Legislative Procedure, Newest Edition, as the source of rules of 8 decisions and procedures in all cases not otherwise provided for in the operations 9 of its respective duties and obligations in accordance with Sections 1 to 11 of this 10 Act. 11 (7) All records of the commission shall be considered open records under KRS 12 61.870 to 61.884. All records and other information generated by the commission 13 pursuant to Section 5 of this Act shall be made available to the public on the 14 website established in KRS 7.505. The commission shall conduct all of its 15 business at open meetings and open hearings in accordance with KRS 61.805 to 16 61.850. 17 (8) A decision on the dismissal or retention of paid staff or consultants shall require 18 the affirmative roll call vote of at least nine (9) commissioners. 19 (9) The commission shall be included as the recipient of the census data as supplied 20 by the United States Census Bureau. 21 (10) The commission shall elect its own chair, who shall be a current commissioner, 22 by an affirmative roll call vote of at least nine (9) commissioners. The chair shall 23 have the authority to select his or her vice chair, who shall also be a current 24 commissioner. 25 (11) Upon a finding of substantial neglect of duty, gross misconduct in office, or 26 inability to discharge the duties of the office, the commission may remove the 27 UNOFFICIAL COPY 24 RS BR 307 Page 11 of 18 XXXX 1/2/2024 11:02 AM Jacketed chair by an affirmative vote of at least (9) commissioners in accordance with 1 subsection (3) of Section 4 of this Act. 2 (12) The commission shall select a secretary, who shall also be a current 3 commissioner, by an affirmative roll call vote of at least nine (9) commissioners, 4 and the secretary shall keep a public record of all proceedings of the commission. 5 (13) The commission may consult and work with staff of the Legislative Research 6 Commission, which shall include the sharing of any data or software. 7 SECTION 7. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 8 READ AS FOLLOWS: 9 (1) Not later than September 15 in the year immediately following the federal 10 decennial census, and decennially thereafter, the commission shall adopt 11 redistricting plans as required by Sections 1 to 11 of this Act for each of the 12 following types of districts: 13 (a) State senatorial districts; 14 (b) State representative districts; and 15 (c) Congressional districts. 16 (2) (a) Before commissioners draft any proposed plans, the commission may 17 provide testimony during meetings of the Interim Joint Committee on State 18 Government. 19 (b) Once the commission receives the census data for the population as defined 20 in Section 1 of this Act, the commission shall hold at least twelve (12) public 21 hearings throughout the state for the purpose of: 22 1. Informing the public about the redistricting process and the purpose 23 and responsibilities of the commission; and 24 2. Soliciting information from the public about potential plans. 25 (c) The commission shall hold: 26 1. One (1) of the twelve (12) public hearings in each of the following 27 UNOFFICIAL COPY 24 RS BR 307 Page 12 of 18 XXXX 1/2/2024 11:02 AM Jacketed jurisdictions: Hodgenville, Paducah, Owensboro, Bowling Green, 1 Lexington, Covington, Ashland, Pikeville, Somerset, and Hazard; and 2 2. Two (2) of the twelve (12) public hearings in Louisville. 3 (d) The commission may receive for consideration written submissions of 4 proposed redistricting plans from any resident of the Commonwealth. The 5 submission of plans shall include all of the supporting documents described 6 in subsection (1) of Section 8 of this Act. The written submissions shall be 7 public records and shall be readily available to the public. 8 (3) (a) Each commissioner shall be limited to proposing one (1) redistricting plan 9 for each type of district, which may include those plans submitted by 10 residents of the Commonwealth under subsection (2) of this section. 11 (b) Each proposed plan shall be submitted to the secretary of the commission 12 no later than July 1 of the year immediately following the federal decennial 13 census, and decennially thereafter. 14 (c) After all proposed redistricting plans for each type of district are submitted, 15 the commission shall publish, for notice and comment, the proposed 16 redistricting plans with the required supporting materials pursuant to 17 subsection (1) of Section 8 of this Act. The commission shall respond to all 18 comments in an official capacity of record that is readily available to the 19 public before voting to adopt any proposed plan. In addition, the proposed 20 redistricting plans with the required supporting materials shall be published 21 on the Internet, and the commission shall issue press releases to two (2) or 22 more newspapers of general circulation in the state, and radio and 23 television stations servicing residents of this state, announcing the 24 availability of the redistricting plans and required materials for public 25 review. 26 (d) Before voting to adopt any proposed plan, the commission shall hold at least 27 UNOFFICIAL COPY 24 RS BR 307 Page 13 of 18 XXXX 1/2/2024 11:02 AM Jacketed twelve (12) public hearings throughout this state, pursuant to subsection 1 (2)(c) of this section, for the purpose of soliciting comments from the public 2 about the proposed plans. Each of the proposed plans shall include the 3 required supporting materials pursuant to subsection (1) of Section 8 of this 4 Act. 5 SECTION 8. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 6 READ AS FOLLOWS: 7 (1) Each proposed redistricting plan shall include but not be limited to the following: 8 (a) Census data verifying the population of each district, which shall include 9 percentage deviation from the average district population for every district 10 with a justification of any deviation; 11 (b) Reference materials; 12 (c) Maps and legal descriptions that include the political subdivisions of local 13 governments; 14 (d) Man-made features, such as waterways, which form the boundaries of the 15 districts; 16 (e) Programming information used to produce and test the plan; and 17 (f) Any other supporting materials or underlying data that was used in the 18 formation of each plan as required by subsection (2) of this section. 19 (2) The commission shall abide by the following criteria in proposing and adopting 20 each plan: 21 (a) Districts shall be of equal population, with minimum percentages of 22 deviation, as mandated by the United States Constitution and Section 33 of 23 the Kentucky Constitution, and shall comply with the Voting Rights Act of 24 1965, as amended, applicable federal laws, and applicable state laws; 25 (b) Districts shall be geographically contiguous; 26 (c) Districts shall reflect the state's diverse population and communities of 27 UNOFFICIAL COPY 24 RS BR 307 Page 14 of 18 XXXX 1/2/2024 11:02 AM Jacketed interest. Communities of interest may include but not be limited to 1 populations that share cultural, historical characteristic, social, and 2 economic interests. Communities of interest shall not include relationships 3 with political parties, incumbents, or political candidates; 4 (d) Districts shall not provide a disproportionate advantage to any political 5 party; 6 (e) Districts shall not favor or disfavor an incumbent elected official or any 7 candidate: 8 (f) Districts shall reflect consideration of local governments' boundaries; 9 (g) Districts shall be reasonably compact; 10 (h) Consideration of party affiliation and voting history of citizens of the 11 Commonwealth may be used as an available source, but shall not be an 12 established criteria from which districts are drawn; and 13 (i) Previous election results may be used as an available source, but shall not 14 be an established criteria from which districts are drawn. 15 (3) The commission shall adhere to the following procedure in adopting each plan: 16 (a) Not later than September 15 of the year immediately after the federal 17 decennial census, and decennially thereafter, the commission shall adopt a 18 redistricting plan for each type of district. Before voting to adopt any 19 proposed plan, the commission shall ensure that each proposed plan is 20 tested, using appropriate technology, for compliance with the criteria 21 described in subsection (2) of this section. Each proposed plan that will be 22 voted on shall include the required supporting materials under subsection 23 (1) of this section; 24 (b) Before voting to adopt any proposed plan, the commission shall allow not 25 less than seven (7) calendar days' public notice of each proposed plan that 26 will be voted on, and the date, time, and location the vote will occur; and 27 UNOFFICIAL COPY 24 RS BR 307 Page 15 of 18 XXXX 1/2/2024 11:02 AM Jacketed (c) A final decision of the commission to adopt a redistricting plan shall require 1 the affirmative roll-call vote of at least ten (10) commissioners. If no plan 2 satisfies this requirement for a type of district, the commission shall use the 3 following procedure to adopt a plan for that type of district: 4 1. Each commissioner may submit one (1) proposed redistricting plan for 5 each type of district to the full commission for consideration, which 6 may include those plans submitted by residents of this state under 7 subsection (2) of Section 7 of this Act; and 8 2. Each commissioner shall rank each plan submitted according to 9 preference. Each plan shall be assigned a point value inverse to its 10 ranking among the number of choices, giving the lowest-ranked plan 11 one (1) point and the highest-ranked plan a point value equal to the 12 number of plans submitted. The commission shall then adopt the 13 redistricting plans receiving the highest total points. If plans are tied 14 for the highest point total, the plan receiving the lowest total points 15 shall not be considered and the process of adoption shall repeat, in 16 accordance with this subsection, until a plan is adopted. 17 (4) Not later than October 1 in the year immediately after the federal decennial 18 census, and decennially thereafter, the commission shall: 19 (a) Submit the adopted plans to the Secretary of State, who shall publish the 20 plans, including the required supporting materials pursuant to subsection 21 (1) of this section on the Secretary of State's website; and 22 (b) Issue a press release to two (2) or more newspapers of general circulation in 23 the state, and radio and television stations servicing residents of this state, 24 announcing availability of the plans and explaining where they can be 25 located on the Secretary of State's website. 26 (5) Not later than October 1 in the year immediately after the federal decennial 27 UNOFFICIAL COPY 24 RS BR 307 Page 16 of 18 XXXX 1/2/2024 11:02 AM Jacketed census, and decennially thereafter, the commission shall issue a report that is 1 delivered to the Legislative Research Commission, which shall explain the basis 2 on which the commission made its decisions in achieving compliance with plan 3 requirements and shall include but not be limited to the required supporting 4 materials pursuant to subsection (1) of this section. A commissioner who votes 5 against a redistricting plan may submit a dissenting report which shall be issued 6 with the commission's report. 7 (6) An adopted plan shall become law sixty (60) days after its publication by the 8 Secretary of State. The Secretary of State shall keep a public record of all 9 proceedings of the commission and shall publish and distribute each plan and 10 required documentation. 11 SECTION 9. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 12 READ AS FOLLOWS: 13 (1) Notwithstanding any other provision of law, an employer shall not discharge, 14 threaten to discharge, intimidate, coerce, or retaliate against any employee 15 because of the employee's membership on the commission as a commissioner, 16 attendance or scheduled attendance, or any other personal obligation that 17 requires the employee to be absent from any services or employment in which he 18 or she is then engaged, for a reasonable time, while in service of the commission. 19 (2) The commission and all of its responsibilities, operations, functions, contractors, 20 consultants, and employees shall not be subject to change, transfer, 21 reorganization, or reassignment and shall not be altered or abrogated in any 22 manner whatsoever by the General Assembly. No other body shall be established 23 by law to perform functions that are the same or similar to those granted to the 24 commission in Sections 1 to 11 of this Act. 25 SECTION 10. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 26 READ AS FOLLOWS: 27 UNOFFICIAL COPY 24 RS BR 307 Page 17 of 18 XXXX 1/2/2024 11:02 AM Jacketed (1) A person shall not influence or attempt to influence a commissioner by coercion, 1 bribe, favor, promise, inducement, or otherwise, related to any duty undertaken 2 by a commissioner in his or her capacity as a commissioner of the commission. 3 (2) Commissioners, staff, attorneys, experts, and consultants shall not directly or 4 indirectly solicit or accept any gift or loan of money, goods, services, or other 5 thing of value greater than twenty dollars ($20) for the benefit of any person or 6 organization, which may influence the manner in which the commissioners, staff, 7 attorney, expert, or consultant performs their duties. 8 (3) Any person found guilty of violating this section shall be guilty of a violation and 9 shall be subject to a fine of not more than twenty thousand dollars ($20,000). 10 (4) Comments or suggestions at public hearings or public meetings shall not be 11 considered a violation under this section. 12 SECTION 11. A NEW SECTION OF KRS CHAPTER 5 IS CREATED TO 13 READ AS FOLLOWS: 14 If any provision of Sections 1 to 11 of this Act or the application thereof to any person 15 or circumstance is held invalid, the invalidity shall not affect other provisions or 16 applications of Sections 1 to 11 of this Act that can be given effect without the invalid 17 provision or application, and to this end the provisions of Sections 1 to 11 of this Act 18 are severable. 19 Section 12. KRS 5.005 is amended to read as follows: 20 (1) An action challenging the constitutionality of any legislative district created by this 21 chapter shall be brought in the Circuit Court of the county where the plaintiff 22 resides. 23 (2) The Secretary of State shall be named as a defendant in any action challenging the 24 constitutionality of any legislative district created by this chapter. 25 (3) The Citizens Redistricting Commission[Legislative Research Commission] may 26 intervene as a matter of right in any action challenging the constitutionality of any 27 UNOFFICIAL COPY 24 RS BR 307 Page 18 of 18 XXXX 1/2/2024 11:02 AM Jacketed legislative district created by this chapter. 1 Section 13. The following KRS section is repealed: 2 5.031 Review and redrawing of precinct boundaries for legislative districts following 3 1996 Regular Session redistricting. 4