2017 Kentucky Revised Statutes CHAPTER 11A - EXECUTIVE BRANCH CODE OF ETHICS .211 Registration statements for executive agency lobbyists, their employers, and real parties in interest -- Fee -- Trust and agency account for commission operations -- Relationship of registration to state contracts.
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11A.211
Registration statements for executive agency lobbyists, their
employers, and real parties in interest -- Fee -- Trust and agency account
for commission operations -- Relationship of registration to state
contracts.
(1)
(2)
(3)
(4)
Each executive agency lobbyist, employer, and real party in interest shall file
with the commission within ten (10) days following the engagement of an
executive agency lobbyist, an initial registration statement showing all of the
following:
(a) The name, business address, and occupation of the executive agency
lobbyist;
(b) The name and business address of the employer and of any real party in
interest on whose behalf the executive agency lobbyist is acting, if it is
different from the employer. However, if a trade association or other
charitable or fraternal organization that is exempt from federal income
taxation under Section 501(c) of the Internal Revenue Code is the
employer, the statement need not list the names and addresses of every
member of the association or organization, so long as the association or
organization itself is listed;
(c) A brief description of the executive agency decision to which the
engagement relates;
(d) The name of the executive agency or agencies to which the engagement
relates; and
(e) Certification by the employer and executive agency lobbyist that the
information contained in the registration statement is complete and
accurate.
In addition to the initial registration statement required by subsection (1) of this
section, each executive agency lobbyist, employer, and real party in interest
shall file with the commission, not later than the last day of July of each year,
an updated registration statement that confirms the continuing existence of
each engagement described in an initial registration statement and that lists the
specific executive agency decisions the executive agency lobbyist sought to
influence under the engagement during the period covered by the updated
statement, and with it any statement of expenditures required to be filed by
KRS 11A.216 and any details of financial transaction required to be filed by
KRS 11A.221.
If an executive agency lobbyist is engaged by more than one (1) employer, the
executive agency lobbyist shall file a separate initial and updated registration
statement for each engagement. If an employer engages more than one (1)
executive agency lobbyist, the employer shall file only one (1) updated
registration statement under subsection (2) of this section, which shall contain
the information required by subsection (2) of this section regarding all
executive agency lobbyists engaged by the employer.
(a) A change in any information required by subsection (1)(a), (b), (c), (d), or
(2) of this section shall be reflected in the next updated registration
statement filed under subsection (2) of this section.
(b) Within thirty (30) days following the termination of an engagement, the
executive agency lobbyist who was employed under the engagement
shall file written notice of the termination with the commission.
(5) Each employer of one (1) or more executive agency lobbyists, and each real
party in interest, shall pay a registration fee of five hundred dollars ($500) upon
the filing of an updated registration statement. All fees collected by the
commission under the provisions of this subsection shall be deposited in the
State Treasury in a trust and agency fund account to the credit of the
commission. These agency funds shall be used to supplement general fund
appropriations for the operations of the commission and shall not lapse. No
part of the trust and agency fund account shall revert to the general funds of
this state.
(6) Upon registration pursuant to this section, an executive agency lobbyist shall
be issued a card annually by the commission showing the executive agency
lobbyist is registered. The registration card shall be valid from the date of its
issuance through the thirty-first day of July of the following year.
(7) The commission shall review each registration statement filed with the
commission under this section to determine if the statement contains all of the
required information. If the commission determines the registration statement
does not contain all of the required information or that an executive agency
lobbyist, employer, or real party in interest has failed to file a registration
statement, the commission shall send written notification of the deficiency by
certified mail to the person who filed the registration statement or to the person
who failed to file the registration statement regarding the failure. Any person so
notified by the commission shall, not later than fifteen (15) days after receiving
the notice, file a registration statement or an amended registration statement
that includes all of the required information. If any person who receives a notice
under this subsection fails to file a registration statement or an amended
registration statement within the fifteen (15) day period, the commission may
initiate an investigation of the person's failure to file. If the commission initiates
an investigation pursuant to this section, the commission shall also notify each
elected executive official and the secretary of each cabinet listed in KRS
12.250 of the pending investigation.
(8) In the biennial report published under KRS 11A.110(13), the commission shall,
in the manner and form the commission determines, include a report containing
statistical information on the registration statements filed under this section
during the preceding biennium.
(9) If an employer who engages an executive agency lobbyist, or a real party in
interest on whose behalf the executive agency lobbyist was engaged is the
recipient of a contract, grant, lease, or other financial arrangement pursuant to
which funds of the state or of an executive agency are distributed or allocated,
the executive agency or any aggrieved party may consider the failure of the
real party in interest, the employer, or the executive agency lobbyist to comply
with this section as a breach of a material condition of the contract, grant,
lease, or other financial arrangement.
(10) Executive agency officials may require certification from any person seeking
the award of a contract, grant, lease, or financial arrangement that the person,
his employer, and any real party in interest are in compliance with this section.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 162, sec. 2, effective June 29, 2017. -Amended 2006 Ky. Acts ch. 18, sec. 1, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 542, sec. 1, effective July 14, 2000. -- Amended 1996 Ky.
Acts ch. 172, sec. 3, effective July 15, 1996. -- Created 1993 (1st Extra. Sess.)
Ky. Acts ch. 4, sec. 47, effective September 16, 1993.
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