KRS § 11A.211 — KY Code / Title III / Chapter 11A / Section 11A.211
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
Status: in_force

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) 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;

(e) Certification by the employer and executive agency lobbyist that the

information contained in the registration statement is complete and accurate;

(f) Compensation paid to, or received by, each executive agency lobbyist,

employer, and real party in interest as part of the engagement; and

(g) Certification that the employer and agent have complied with KRS 11A.236.

(2) 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, 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 the compensation paid to,

or received by, each executive agency lobbyist, employer, and real party in interest

as part of the engagement, 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.

(3) Compensation paid under subsection (1)(f) of this section shall be reported after it is

received by, or paid to, each executive agency lobbyist, employer, and real party in

interest as determined by the terms of the engagement, and shall be listed by the

amount paid or received, the intervals on which the payment is paid or received, and

shall include any other compensation received or paid as part of the engagement.

(4) 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 and list compensation paid to, or received by each

executive agency lobbyist, employer, and real party in interest as part of the

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.

(5) (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.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) Executive agency officials may require certification from any person seeking the

award of a contract, grant, lease, or financial arrangement that the person, his or her

employer, and any real party in interest are in compliance with this section.