KRS § 11A.233 — KY Code / Title III / Chapter 11A / Section 11A.233
11A.233 Influencing decision on award of economic incentive package -- Disclosure statement by beneficiary
Status: in_force

11A.233 Influencing decision on award of economic incentive package -- Disclosure

statement by beneficiary.

(1) For purposes of KRS 11A.201 to 11A.246, the term "executive agency lobbyist"

does not include a person acting to promote, oppose, or otherwise influence the

outcome of a decision of the Cabinet for Economic Development or any board or

authority within or attached to that cabinet relating to the issuance or award of a

bond, grant, lease, loan, assessment, incentive, inducement, or tax credit pursuant to

KRS 42.4588, 103.210, Chapter 154, or Chapter 224A, or otherwise relating to any

other component of an economic incentive package.

(2) Notwithstanding subsection (1), before any board or authority within or attached to

the Cabinet for Economic Development takes final action on any contract or

agreement by which any bond, grant, lease, loan, assessment, incentive, inducement,

or tax credit is awarded, the beneficiary of an economic incentive package shall file

with the approving board or authority a disclosure statement which shall contain:

(a) The identity of the beneficiary of an economic incentive package and any

person employed to act on its behalf in its dealings with the Cabinet for

Economic Development or any board or authority within or attached to that

cabinet regarding the matters to which the contract or agreement refers; and

(b) The details of any financial transaction as defined in KRS 11A.201(6)(a)

between the beneficiary or any other person listed as an employee or agent of

the beneficiary as required by paragraph (a) of this subsection and any agent or

public servant of the Cabinet for Economic Development, any member of any

board or authority within or attached to that cabinet, or any other public

servant involved in the negotiation of the economic incentive package.

(3) After final action by the board or authority, the Cabinet for Economic Development

shall file the disclosure statement described in subsection (2) of this section with the

Executive Branch Ethics Commission, but the cabinet may delete information

identifying the beneficiary of the economic-incentive package if the cabinet believes

that identification would damage economic development.

(4) No beneficiary of an economic incentive package as referred to in this section shall

engage any person to influence decisions of the Cabinet for Economic Development

or the approving board or authority for compensation that is contingent in any way

on the outcome of the decisions of the cabinet or the approving board or authority

regarding contracts or agreements specified in subsection (2) of this section, and no

person shall accept any engagement to influence these decisions or conduct

lobbying activities related to these decisions for compensation that is contingent in

any way on the outcome of the decisions of the cabinet or the approving board or

authority regarding these contracts or agreements.

(5) Subsection (4) of this section does not prohibit, and shall not be construed to

prohibit, any person from compensating that person's sales employees pursuant to

any incentive compensation plan, such as commission sales, if the incentive

compensation plan is the same plan used to compensate similarly-situated sales

employees who are not engaged by the beneficiary of an economic incentive

package in activities and functions referred to in this section.