IPCPR Legislative | Political Involvement in Kentucky

Political Involvement in Kentucky

kentucky

Requirements for Political Involvement in Kentucky

“Lobby” means to promote, advocate, or oppose the passage, modification, defeat, or executive approval or veto of any legislation by direct communication with any member of the General Assembly, the Governor, the secretary of any cabinet, or any member of the staff of any of the officials listed in this paragraph.

 

“Lobbying” does not include:

  • Appearances before public meetings of the committees, subcommittees, task forces, and interim committees of the General Assembly
  • News, editorial, and advertising statements published in newspapers, journals, or magazines, or broadcast over radio or television
  • The gathering and furnishing of information and news by bona fide reporters, correspondents, or news bureaus to news media
  • Publications primarily designed for, and distributed to, members of bona fide associations or charitable or fraternal nonprofit corporations
  • Professional services in drafting bills or resolutions, preparing arguments on these bills or resolutions, or in advising clients and rendering opinions as to the construction and the effect of proposed or pending legislation, if the services are not otherwise connected with lobbying, or
  • The action of any person not engaged by an employer who has a direct interest in legislation, if the person assembles together with other persons for their common good, petitions any official listed in this subsection for the redress of grievances, or other proper purposes

 

Ky. Rev. Stat. § 6.611(27)

 

A “legislative agent” is any individual who is engaged:

  • During at least a portion of his or her time to lobby as one of his or her official responsibilities, or
  • In lobbying activities as a legislative liaison of an association, coalition, or public interest entity formed for the purpose of promoting or otherwise influencing legislation

 

“Legislative agent” does not include:

  • Any person who limits his or her lobbying activities to appearing before public meetings of legislative committees, subcommittees, or task forces, or public hearings or meetings of public agencies
  • A private citizen who receives no compensation for lobbying and who expresses a personal opinion, or
  • A public servant acting in his or her fiduciary capacity as a representative of his or her agency, college, university, or city, county, urban-county, consolidated local government, unified local government, or charter county government, except persons engaged by a de jure municipal corporation, such as the Kentucky Lottery Corporation or the Kentucky Housing Corporation, institutions of higher education, or local governments, whose primary responsibility during sessions of the General Assembly is to lobby

 

Ky. Rev. Stat. § 6.611(23)

 

An “employer” is any person who engages a legislative agent and in the case of a business other than a sole proprietorship or self-employed individual, it means the business entity, and not an individual officer, director, or employee thereof, except when an officer, director, or employee makes an expenditure for which he or she is reimbursed by the business entity.

 

Ky. Rev. Stat. § 6.611(12)

 

“Expenditure” means any of the following that is made to, at the request of, for the benefit of, or on behalf of any member of the General Assembly, the Governor, the secretary of a cabinet, or any member of the staff of any of those officials:

  • A payment, distribution, loan, advance, deposit, reimbursement, or gift of money, real estate, or anything of value, including, but not limited to, food and beverages, entertainment, lodging, transportation, or honoraria
  • A contract, promise, or agreement, to make an expenditure, or
  • The purchase, sale, or gift of services or any other thing of value

 

“Expenditure” does not include a contribution, gift, or grant to a foundation or other charitable organization that is exempt from federal income taxation. “Expenditure” also does not include the purchase, sale, or gift of services or any other thing of value that is available to the general public on the same terms as it is available to the persons listed in this subsection.

 

Ky. Rev. Stat. § 6.611(15)

 

Executive Branch Definitions

 

“Executive agency lobbying activity” means contacts made to promote, oppose, or otherwise influence the outcome of an executive agency decision by direct communication with an elected executive official, the secretary of any cabinet, any executive agency official, or a member of the staff of any one of the officials listed in this paragraph.

 

“Executive agency lobbying activity” does not include any of the following:

  • The action of any person having a direct interest in executive agency decisions, if the person acting under Section 1 of the Kentucky Constitution, assembles together with other persons for their common good, petitions any person listed in paragraph (a) of this subsection for the redress of grievances or other proper purposes
  • Contacts made for the sole purpose of gathering information contained in a public record, or
  • Appearances before public meetings of executive agencies

 

Ky. Rev. Stat. § 11A.201(9)

 

An “executive agency lobbyist” is any person engaged to influence executive agency decisions or to conduct executive agency lobbying activity as one of his main purposes on a substantial basis. The term “executive agency lobbyist” also includes placement agents and unregulated placement agents.

 

“Executive agency lobbyist” does not include an elected or appointed officer or employee of a federal or state agency, state college, state university, or political subdivision who attempts to influence or affect executive agency decisions in his fiduciary capacity as a representative of his agency, college, university, or political subdivision.

 

Ky. Rev. Stat. § 11A.201(8)

 

An “expenditure” is any of the following that is made to, or for the benefit of an elected executive official, the secretary of a cabinet listed in Ky. Rev. Stat. § 12.250, an executive agency official, or a member of the staff of any of the officials listed in this paragraph:

  • A payment, distribution, loan, advance, deposit, reimbursement, or gift of money, real estate, or anything of value, including, but not limited to, food and beverages, entertainment, lodging, transportation, or honoraria
  • A contract, promise, or agreement to make an expenditure, or
  • The purchase, sale, or gift of services or any other thing of value

 

“Expenditure” does not include a contribution, gift, or grant to a foundation or other charitable organization that is exempt from federal income taxation. “Expenditure” does not include the purchase, sale, or gift of services or any other thing of value that is available to the general public on the same terms as it is available to the persons listed in this subsection. “Expenditure” does not include a payment, contribution, gift, purchase, or any other thing of value that is made to or on behalf of any elected executive official, the secretary of a cabinet, an executive agency official, or any member of the staff of any of the officials listed in this paragraph who works for a state agency for which the executive agency lobbyist is not registered to influence.

 

Ky. Rev. Stat. § 11A.201(2)

There are two types of lobbying in Kentucky: Legislative Lobbying and Executive Agency Lobbying. If a person is attempting to promote, advocate, or oppose the passage, modification, defeat, or executive approval or veto of any bill, resolution, amendment, nomination, and any other matter pending before the General Assembly, executive approval or veto of any bill acted upon by the General Assembly, then he or she is conducting Legislative Lobbying and must register as a legislative agent with the Kentucky Legislative Ethics Commission (KLEC). If a person is attempting to promote, oppose, or otherwise influence the outcome of an executive agency decision, then he or she is conducting Executive Agency Lobbying and must register as an executive agency lobbyist with the Executive Branch Ethics Commission (EBEC).

 

Each legislative agent and employer must file an Initial Registration Statement with KLEC within 7 days following engagement of a legislative agent. The registration will be valid through the next December 31st of an odd-numbered year. Each legislative agent and employer must also file Updated Registration Statements and Financial Disclosure Statements with KLEC on or before the 15th day of January, February, March, April, May, and September of each year. Each employer of one or more legislative agents must pay a registration fee of $250. Statements may be filed online at https://apps.klec.ky.gov/lec/onlinefiling.aspx.

 

Ky. Rev. Stat. § 6.807 statements for legislative agents; Penalties
Ky. Rev. Stat. § 6.809: Registration fee; Trust and agency account
Ky. Rev. Stat. § 6.821: Statements of expenditures; Penalties

 

Each executive agency lobbyist, employer, and real party in interest must file an Initial Registration Statement with EBEC within 10 days following engagement of an executive agency lobbyist. The registration will be valid through July 31st of the following year. Each executive agency lobbyist, employer, and real party in interest must also file Updated Registration Statements and Financial Disclosure Statements with EBEC on or before July 31st of every year. Each employer of one or more executive agency lobbyist must pay a registration fee of $125 with each Updated Registration Statement. Statements must be faxed to (502) 564-2686 or mailed to #3 Fountain Place Frankfort, Kentucky 40601.

 

Ky. Rev. Stat. § 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
Ky. Rev. Stat. § 11A.216: Statements of expenditures

 

Kentucky Legislative Ethics Commission (KLEC)

 

Blank Forms
http://klec.ky.gov/Forms/Pages/default.aspx

 

Online Filing
https://apps.klec.ky.gov/lec/onlinefiling.aspx

 

Kentucky Executive Branch Ethics Commission (EBEC)

 

How to Register
http://ethics.ky.gov/lobbying/Pages/Registration.aspx

 

Lobbying Guide
http://ethics.ky.gov/lobbying/Pages/lobbyingguide.aspx

 

Appendix B: Executive Agency Lobbying Forms
http://ethics.ky.gov/SiteCollectionDocuments/AppendixBExecutiveAgencyLobbyingForms.pdf

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