UNOFFICIAL COPY 24 RS HB 517/GA
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AN ACT relating to legislative ethics. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 6.681 is amended to read as follows: 3
(1) The commission may render advisory opinions concerning matters under its 4
jurisdiction, based upon real or hypothetical circumstances, when requested by: 5
(a) Any person covered by this code; 6
(b) Any person who is personally and directly involved in the matter; or 7
(c) The commission upon its own initiative. 8
(2) (a) An advisory opinion shall be requested in writing and shall state relevant facts 9
and ask specific questions. The request for the advisory opinion shall remain 10
confidential unless confidentiality is waived, in writing, by the requestor. 11
(b) No less than five (5) days prior to the meeting in which the commission is 12
scheduled to consider an advisory opinion, the commission shall provide a 13
draft of its proposed response to the advisory opinion request, or notice of 14
its intention not to issue an advisory opinion, to the requestor and each 15
commissioner. The requestor may appear personally, with or without 16
counsel, before the commission in closed session to provide comment on the 17
proposed response prior to the commission's vote on the request. 18
(3) Advisory opinions shall be based on the Kentucky Revised Statutes as written and 19
shall not be based on the personal opinions of commission members as to 20
legislative intent or the spirit of the law. 21
(4) The commission shall promulgate administrative regulations to establish criteria 22
under which it may issue confidential advisory opinions. All other advisory 23
opinions shall be published except that before an advisory opinion is made public, it 24
shall be modified so that the identity of any person associated with the opinion shall 25
not be revealed. 26
(5) The confidentiality of an advisory opinion may be waived either: 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(a) In writing by the person who requested the opinion; or 1
(b) By majority vote of the members of the commission, if a person makes or 2
purports to make public the substance or any portion of an advisory opinion 3
requested by or on behalf of the person. The commission may vote to make 4
public the advisory opinion request and related materials. 5
(6) (a) A written advisory opinion issued by the commission shall be binding on the 6
commission in any subsequent proceeding concerning the facts and 7
circumstances of the particular case if no intervening facts or circumstances 8
arise which would change the opinion of the commission if they had existed at 9
the time the opinion was rendered. However, if any fact determined by the 10
commission to be material was omitted or misstated in the request for an 11
opinion, the commission shall not be bound by the opinion. 12
(b) A written advisory opinion shall be admissible in the defense of any criminal 13
prosecution or civil proceeding for violations of this code for actions taken in 14
reliance on that opinion. 15
Section 2. KRS 6.686 is amended to read as follows: 16
(1) (a) The commission shall have jurisdiction to investigate and proceed as to any 17
violation of this code upon the filing of a complaint. The complaint shall be a 18
written statement alleging a violation against one (1) or more named persons 19
and stating the essential facts constituting the violation charged. The 20
complaint shall be made under oath and signed by the complaining party 21
before a person who is legally empowered to administer oaths. The 22
commission shall have no jurisdiction in the absence of a complaint. A 23
member of the commission may file a complaint. 24
(b) Within ten (10) days of the filing of a complaint, the commission shall cause a 25
copy of the complaint to be served by certified mail upon the person alleged 26
to have committed the violation. 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(c) Within twenty (20) days of service of the complaint the person alleged to have 1
committed the violation may file an answer with the commission. The filing 2
of an answer is wholly permissive, and no inferences shall be drawn from the 3
failure to file an answer. 4
(d) 1. [Not later than ten (10) days ]After the commission receives the answer, 5
or the time expires for the filing of an answer, the commission may 6
dismiss the matter for failure to state a claim of an ethics violation, or 7
otherwise shall determine[initiate a preliminary inquiry into any alleged 8
violation of this code. If the commission determines] upon the 9
affirmative vote of at least five (5) members, at either the next[a] 10
regularly scheduled meeting[,] or a teleconference meeting called upon 11
the chair's oral or written notice to all members of the commission, 12
whether there is reason to believe the person named in the complaint 13
has committed or is about to commit[that the complaint fails to state a 14
claim of] an ethics violation[, the complaint shall be dismissed]. 15
2. If the commission determines that there is reason to believe the person 16
named in the complaint has committed or is about to commit a 17
violation of this code, upon an affirmative vote of at least five (5) 18
members, the commission shall initiate a preliminary inquiry into the 19
alleged violations pursuant to subsections (3) to (5) of this section. A 20
determination by the commission under this subparagraph: 21
a. Means that the commission believes that the alleged violation 22
merits further inquiry, and the commission shall proceed with its 23
inquiry and investigation; and 24
b. Is not a finding that a person named in a complaint has violated 25
this code. 26
3. If the commission fails to determine by an affirmative vote of at least 27 UNOFFICIAL COPY 24 RS HB 517/GA
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five (5) members that there is reason to believe the respondent has 1
committed or is about to commit a violation of this code, the complaint 2
shall be dismissed. 3
(e) Within thirty (30) days of the commencement of the inquiry, the commission 4
shall give notice of the status of the complaint and a general statement of the 5
applicable law to the person alleged to have committed a violation. 6
(f) A complaint may be filed against a former legislator, a former legislative 7
agent, or a former employer of a legislative agent within one (1) year of the 8
date he or she left office or terminated lobbying registration. The one (1) year 9
limitation shall not apply if a complaint alleges a violation of KRS 6.757. 10
(g) The applicable criminal statutes of limitation shall not apply to ethical 11
misconduct under KRS 6.601 to 6.849. 12
(2) All commission proceedings, including the complaint and answer and other records 13
relating to a preliminary inquiry, shall be confidential until a final determination is 14
made by the commission, except: 15
(a) The commission may turn over to the Attorney General, the United States 16
Attorney, Commonwealth's attorney, or county attorney of the jurisdiction in 17
which the offense allegedly occurred, evidence which may be used in criminal 18
proceedings; and 19
(b) If the complainant or alleged violator publicly discloses the existence of a 20
preliminary inquiry, the commission may publicly confirm the existence of 21
the inquiry and, in its discretion, make public any documents which were 22
issued to either party. 23
(3) The commission shall afford a person who is the subject of a preliminary inquiry an 24
opportunity to appear in response to the allegations in the complaint. The person 25
shall have the right to be represented by counsel, to appear and be heard under oath, 26
and to offer evidence in response to the allegations in the complaint. 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(4) If the commission determines by the answer or in the preliminary inquiry that the 1
complaint does not allege facts sufficient to constitute a violation of this code, the 2
commission shall immediately terminate the matter and notify in writing the 3
complainant and the person alleged to have committed a violation. The commission 4
may confidentially inform the alleged violator of potential violations and provide 5
information to ensure future compliance with the law. If the alleged violator 6
publicly discloses the existence of such action by the commission, the commission 7
may confirm the existence of the action and, in its discretion, make public any 8
documents that were issued to the alleged violator. 9
(5) If the commission, during the course of the preliminary inquiry, finds probable 10
cause to believe that a violation of this code has occurred, the commission shall 11
notify the alleged violator of the finding, and the commission may, upon majority 12
vote: 13
(a) Due to mitigating circumstances such as lack of significant economic 14
advantage or gain by the alleged violator, lack of significant economic loss to 15
the state, or lack of significant impact on public confidence in government, 16
confidentially reprimand, in writing, the alleged violator for potential 17
violations of the law and provide a copy of the reprimand to the presiding 18
officer of the house in which the alleged violator serves, or the alleged 19
violator's employer, if the alleged violator is a legislative agent. The 20
proceedings leading to a confidential reprimand and the reprimand itself shall 21
remain confidential except that, if the alleged violator publicly discloses the 22
existence of such an action, the commission may confirm the existence of the 23
action and, in its discretion, make public any documents which were issued to 24
the alleged violator; or 25
(b) Initiate an adjudicatory proceeding to determine whether there has been a 26
violation. 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(6) Any person who knowingly files with the commission a false complaint of 1
misconduct on the part of any legislator or other person shall be guilty of a Class A 2
misdemeanor. 3
Section 3. KRS 6.611 is amended to read as follows: 4
As used in this code, unless the context requires otherwise: 5
(1) "Adversarial proceeding" means a proceeding in which decisions are made based 6
upon evidence presented as measured against established standards, with parties 7
having the right to appeal the decision on the record to a court; 8
(2) (a) "Anything of value" includes the following: 9
1. A pecuniary item, including money, or a bank bill or note; 10
2. A promissory note, bill of exchange, order, draft, warrant, check, or 11
bond given for the payment of money; 12
3. A contract, agreement, promise, or other obligation for an advance, 13
conveyance, forgiveness of indebtedness, deposit, distribution, loan, 14
payment, gift, pledge, or transfer of money; 15
4. A stock, bond, note, or other investment interest in an entity; 16
5. A receipt given for the payment of money or other property; 17
6. A right in action; 18
7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or 19
chattel; 20
8. A loan or forgiveness of indebtedness; 21
9. A work of art, antique, or collectible; 22
10. An automobile or other means of personal transportation; 23
11. Real property or an interest in real property, including title to realty; a 24
fee simple or partial interest, present or future, contingent or vested, 25
within realty; a leasehold interest; or other beneficial interest in realty; 26
12. A rebate or discount in the price of anything of value unless the rebate 27 UNOFFICIAL COPY 24 RS HB 517/GA
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or discount is made in the ordinary course of business to a member of 1
the public without regard to that person's status as a legislator; 2
13. A promise or offer of employment; or 3
14. Any other thing of value that is pecuniary or compensatory in value to a 4
person, or the primary significance of which is economic gain. 5
(b) "Anything of value" does not include: 6
1. A campaign contribution properly received and reported, if reportable, 7
as required under KRS Chapter 121; 8
2. Compensation, food, beverages, entertainment, transportation, lodging, 9
or other goods or services extended to a legislator by the legislator's 10
private employer or by a person other than a legislative agent or 11
employer; 12
3. A usual and customary commercial loan made in the ordinary course of 13
business, without regard to the recipient's status as a legislator, and by a 14
person or institution authorized by law to engage in the business of 15
making loans; 16
4. A certificate, plaque, or commemorative token of less than one hundred 17
fifty dollars ($150) value; 18
5. Promotional items of less than fifty dollars ($50); 19
6. Educational items; 20
7. Informational items; 21
8. The cost of attendance or participation, and of food and beverages 22
consumed, at events: 23
a. To which all members of the Kentucky Senate or the Kentucky 24
House of Representatives, or both, are invited; 25
b. To which all members of a joint committee or task force of the 26
Kentucky Senate and the Kentucky House of Representatives are 27 UNOFFICIAL COPY 24 RS HB 517/GA
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invited; 1
c. To which a caucus of legislators approved as a caucus by the 2
Legislative Research Commission is invited; 3
d. Sponsored or coordinated by a state or local government entity, 4
including a state institution of higher education, provided that the 5
cost thereof is covered by the state or local government entity or 6
state institution of higher education; or 7
e. To which an individual legislator is invited that are held in-state, 8
and for which the legislator receives prior approval from a 9
majority of the Legislative Research Commission; 10
9. Gifts from a person related by blood or marriage or a member of the 11
legislator's household; 12
10. A gift that: 13
a. Is not used; and 14
b. No later than thirty (30) days after receipt, is returned to the donor 15
or delivered to a charitable organization and is not claimed as a 16
charitable contribution for federal income tax purposes; 17
11. The cost, paid, reimbursed, raised, or obtained by the Legislative 18
Research Commission, for attendance or participation, and for food and 19
beverages consumed at, and funds, goods, and services provided for 20
conducting events sponsored or coordinated by multistate or national 21
organizations of, or including, state governments, state legislatures, or 22
state legislators if the attendance and expenditures are approved in 23
advance by the Legislative Research Commission; 24
12. The cost of attendance or participation provided by the sponsoring 25
entity, of lodging, and of food and beverages consumed, at in-state 26
events sponsored by or in conjunction with a civic, charitable, 27 UNOFFICIAL COPY 24 RS HB 517/GA
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governmental, trade association, or community organization; 1
13. A gift or gifts from one member of the General Assembly to another 2
member of the General Assembly; 3
14. Anything for which the recipient pays or gives full value; or 4
15. Any service spontaneously extended to a legislator in an emergency 5
situation; 6
(3) "Associated," if used with reference to an organization, includes an organization in 7
which an individual or a member of the individual's family is a director, officer, 8
fiduciary, trustee, agent, or partner, or owns or controls, in the aggregate, an interest 9
of ten thousand dollars ($10,000) or more, or an interest of five percent (5%) or 10
more of the outstanding equity; 11
(4) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, 12
franchise, association, organization, self-employed individual, holding company, 13
joint stock company, receivership, trust, professional service corporation, or any 14
legal entity through which business is conducted for profit; 15
(5) "Business associate" includes the following: 16
(a) A private employer; 17
(b) A general or limited partnership, or a general or limited partner within the 18
partnership; 19
(c) A corporation that is family-owned or in which all shares of stock are closely 20
held, and the shareholders, owners, and officers of such a corporation; 21
(d) A corporation in which the legislator or other person subject to this code has 22
an investment interest, owns, or has a beneficial interest in shares of stock 23
which constitute more than: 24
1. Five percent (5%) of the value of the corporation; or 25
2. Ten thousand dollars ($10,000) at fair market value; 26
(e) A corporation, business association, or other business entity in which the 27 UNOFFICIAL COPY 24 RS HB 517/GA
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legislator or other person subject to this code serves as an agent or a 1
compensated representative; 2
(6) "Candidate" means an individual who seeks nomination or election to the General 3
Assembly. An individual is a candidate when the individual: 4
(a) Files a notification and declaration for nomination for office with the 5
Secretary of State; or 6
(b) Is nominated for office by his or her party under KRS 118.105, 118.115, 7
118.325, or 118.760; 8
(7) "Charitable organization" means an organization described in 26 U.S.C. Sec. 170(c) 9
as it currently exists or as it may be amended; 10
(8) "Child" means the unemancipated minor daughter, son, stepdaughter, or stepson; 11
(9) "Commission" means the Kentucky Legislative Ethics Commission; 12
(10) (a) "Compensation" means: 13
1. An advance, salary, conveyance, forgiveness of indebtedness, deposit, 14
distribution, loan, payment, gift, pledge, or transfer of money; or 15
2. A contract, agreement, promise, or other obligation for an advance, 16
conveyance, forgiveness of indebtedness, deposit, distribution, loan, 17
payment, gift, pledge, or transfer of money for services rendered or to be 18
rendered. 19
(b) "Compensation" does not include reimbursement of expenses if: 20
1. The reimbursement is equal to, or less than, the amount paid for the 21
expenses; 22
2. Expense records are itemized; and 23
3. No portion of the reimbursed expense is used to give anything of value 24
to a legislator, candidate, or the spouse of a legislator or candidate; 25
(11) "Economic interest" means an interest distinct from that of the general public in a 26
state purchase, sale, lease, contract, option, or other transaction or arrangement 27 UNOFFICIAL COPY 24 RS HB 517/GA
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involving property or services in which a legislator may gain an economic benefit 1
of fifty dollars ($50) or more; 2
(12) "Employer" means any person who engages a legislative agent and in the case of a 3
business other than a sole proprietorship or self-employed individual, it means the 4
business entity, and not an individual officer, director, or employee thereof, except 5
when an officer, director, or employee makes an expenditure for which he or she is 6
reimbursed by the business entity; 7
(13) "Engage" means to make any arrangement, and "engagement" means any 8
arrangement, by which an individual is employed or retained for compensation to 9
act for or on behalf of an employer to lobby; 10
(14) "Ethical misconduct" means any violation of the Kentucky Code of Legislative 11
Ethics; 12
(15) (a) "Expenditure" means any of the following that is made to, at the request of, 13
for the benefit of, or on behalf of any member of the General Assembly, the 14
Governor, the secretary of a cabinet listed in KRS 12.250, or any member of 15
the staff of any of those officials: 16
1. A payment, distribution, loan, advance, deposit, reimbursement, or gift 17
of money, real estate, or anything of value, including, but not limited to, 18
food and beverages, entertainment, lodging, transportation, or honoraria; 19
2. A contract, promise, or agreement, to make an expenditure; or 20
3. The purchase, sale, or gift of services or any other thing of value. 21
(b) "Expenditure" does not include a contribution, gift, or grant to a foundation or 22
other charitable organization that is exempt from federal income taxation 23
under Section 501(c)(3) of the Internal Revenue Code. "Expenditure" does not 24
include the purchase, sale, or gift of services or any other thing of value that is 25
available to the general public on the same terms as it is available to the 26
persons listed in this subsection; 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(16) "Family member" means a person: 1
(a) Who is the spouse, parent, sibling, child, mother-in-law, father-in-law, son-in-2
law, daughter-in-law, grandparent, or grandchild of an individual; or 3
(b) Who is a member of the individual's household, and is dependent upon the 4
individual; 5
(17) "Filer" means an individual who is required to file a statement of financial interests 6
pursuant to KRS 6.781; 7
(18) (a) "Financial transaction" means a transaction or activity that is conducted or 8
undertaken for profit and arises from the joint ownership, ownership, or part 9
ownership in common of any real or personal property or any commercial or 10
business enterprise of whatever form or nature between the following: 11
1. A legislative agent, his or her employer, or a member of the immediate 12
family of the legislative agent or his or her employer; and 13
2. Any member of the General Assembly, the Governor, the secretary of a 14
cabinet listed in KRS 12.250, or any member of the staff of any of the 15
officials listed in this subparagraph. 16
(b) "Financial transaction" does not include any transaction or activity: 17
1. Described in paragraph (a) of this subsection if it is available to the 18
general public on the same or similar terms and conditions; or 19
2. Made or let after public notice and competitive bidding or contracts that 20
are available on similar terms to other members of the general public. 21
(19) "Former legislator" means a person who previously held a position as a legislator 22
and who no longer holds that position; 23
(20) "Immediate family" means an unemancipated child residing in an individual's 24
household, a spouse of an individual, or a person claimed by the individual as a 25
dependent for tax purposes; 26
(21) "In-state" means within the borders of Kentucky or outside Kentucky in a county 27 UNOFFICIAL COPY 24 RS HB 517/GA
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that is contiguous with the border of Kentucky; 1
(22) "Legislation" means bills, resolutions, amendments, nominations, administrative 2
regulations, and any other matter pending before the General Assembly or any of its 3
interim or statutory committees, or the executive approval or veto of any bill acted 4
upon by the General Assembly; 5
(23) (a) "Legislative agent" means any individual who is engaged: 6
1. During at least a portion of his or her time to lobby as one (1) of his or 7
her official responsibilities; or 8
2. In lobbying activities as a legislative liaison of an association, coalition, 9
or public interest entity formed for the purpose of promoting or 10
otherwise influencing legislation. 11
(b) "Legislative agent" does not include: 12
1. Any person who limits his or her lobbying activities to appearing before 13
public meetings of legislative committees, subcommittees, or task 14
forces, or public hearings or meetings of public agencies; 15
2. A private citizen who receives no compensation for lobbying and who 16
expresses a personal opinion; or 17
3. A public servant acting in his or her fiduciary capacity as a 18
representative of his or her agency, college, university, or city, county, 19
urban-county, consolidated local government, unified local government, 20
or charter county government, except persons engaged by a de jure 21
municipal corporation, such as the Kentucky Lottery Corporation or the 22
Kentucky Housing Corporation, institutions of higher education, or local 23
governments, whose primary responsibility during sessions of the 24
General Assembly is to lobby; 25
(24) "Legislative interest" means a substantial economic interest, distinct from that of 26
the general public, in one (1) or more legislative matters; 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(25) "Legislative matter" means any bill, resolution, nomination, or other issue or 1
proposal pending before the General Assembly or any interim committee, 2
committee, subcommittee, task force, or commission of the General Assembly; 3
(26) "Legislator" means a member or member-elect of the General Assembly; 4
(27) (a) "Lobby" means to promote, advocate, or oppose the passage, modification, 5
defeat, or executive approval or veto of any legislation by direct 6
communication with any member of the General Assembly, the Governor, the 7
secretary of any cabinet listed in KRS 12.250, or any member of the staff of 8
any of the officials listed in this paragraph. 9
(b) "Lobbying" does not include: 10
1. Appearances before public meetings of the committees, subcommittees, 11
task forces, and interim committees of the General Assembly; 12
2. News, editorial, and advertising statements published in newspapers, 13
journals, or magazines, or broadcast over radio or television; 14
3. The gathering and furnishing of information and news by bona fide 15
reporters, correspondents, or news bureaus to news media described in 16
paragraph (b)2. of this subsection; 17
4. Publications primarily designed for, and distributed to, members of bona 18
fide associations or charitable or fraternal nonprofit corporations; 19
5. Professional services in drafting bills or resolutions, preparing 20
arguments on these bills or resolutions, or in advising clients and 21
rendering opinions as to the construction and the effect of proposed or 22
pending legislation, if the services are not otherwise connected with 23
lobbying;[ or] 24
6. The action of any person not engaged by an employer who has a direct 25
interest in legislation, if the person, acting under Section 1 of the 26
Kentucky Constitution, assembles together with other persons for their 27 UNOFFICIAL COPY 24 RS HB 517/GA
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common good, petitions any official listed in this subsection for the 1
redress of grievances, or other proper purposes; or 2
7. The action of any natural person: 3
a. Whose official responsibilities do not include lobbying; 4
b. Who is not compensated specifically for the purpose of lobbying; 5
c. Who is an officer, managerial personnel, or an employee with 6
specialized knowledge or expertise of, a business, joint venture, 7
syndicate, estate, company, association, club, committee, or 8
group of persons acting in concert which has a direct interest in 9
the specific legislation; and 10
d. Who participates in meetings or conversations while 11
accompanying a legislative agent engaged by the employer or 12
organization to lobby on the particular issue; 13
(28) "Person" means an individual, proprietorship, firm, partnership, joint venture, joint 14
stock company, syndicate, business, trust, estate, company, corporation, association, 15
club, committee, organization, or group of persons acting in concert; 16
(29) "Public servant" means an elected or appointed officer or employee of a federal or 17
state agency; state institution of higher education; or a city, county, urban-county, 18
or charter county government; 19
(30) "State agency" means any department, office, commission, board, or authority 20
within the executive department, and includes state-supported universities and 21
colleges but does not include local boards of education; and 22
(31) "Through others" means a scheme, artifice, or mechanism, the sole purpose of 23
which is to accomplish by indirect means, using third parties, results which would 24
be unlawful under this code if accomplished directly between a legislator or 25
candidate and another person or entity. 26
Section 4. KRS 6.744 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(1) A legislator, by himself or through others, shall not use or attempt to use any means 1
to influence a state agency in direct contravention of the public interest at large. 2
(a) Absent an express threat of legislative reprisal, nothing in this subsection shall 3
prevent a legislator from contacting a state agency on behalf of a person or 4
constituent, to make a legislative inquiry, or to obtain information relating to a 5
person or constituent who has requested legislative assistance and given 6
written or verbal consent for a member to make an inquiry on his or her 7
behalf. 8
(b) Violation of this subsection is ethical misconduct. 9
(2) A legislator shall not, for compensation, appear before a state agency as an expert 10
witness. A violation of this subsection is ethical misconduct. 11
(3) A legislator who is properly licensed may, for compensation, represent a client 12
before a state agency in: 13
(a) A ministerial function which does not require discretion on the part of the 14
agency, including, but not limited to: 15
1. Filing corporation charters, reports, and other papers; 16
2. Filing tax returns; 17
3. Filing reports required by a state agency; 18
4. Filing an application to participate in a state or state-administered 19
federal program, generally available to similar classes of persons or 20
business entities. 21
(b) An adversarial proceeding and negotiations related thereto; 22
(c) Workers' compensation and special fund proceedings; 23
(d) Unemployment compensation proceedings; and 24
(e) All other matters, unless the representation is prohibited by subsections (5) to 25
(7) of this section or the code of professional conduct observed by the 26
profession being practiced. 27 UNOFFICIAL COPY 24 RS HB 517/GA
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(4) A legislator who is properly licensed may, for compensation, represent a client 1
before a court or trial commissioner in any proceeding not prohibited by the 2
Kentucky Rules of Professional Conduct or by subsections (5) to (7) of this section. 3
(5) Other than for a ministerial function provided for under subsection (3) of this 4
section, even though properly licensed, a legislator shall[may] not, for 5
compensation, represent or engage in negotiations on behalf of a client before or 6
with a state agency in proceedings related to the following matters: 7
(a) Contracting for the purchase, sale, rental, or lease of real property, goods, or 8
services from a state agency; 9
(b) Any proceeding relating to ratemaking; 10
(c) Adoption, amendment, or repeal of any administrative regulation; 11
(d) Obtaining grants of money or loans; 12
(e) Licensing or permitting, however, a legislator may represent a client in a 13
ministerial function regarding licensing and permitting, adversarial matters 14
related to a previously-issued license or permit, or matters related to driver 15
licensing[but not including matters related to driver licensing]; or 16
(f) Any proceeding before the Public Service Commission. 17
(6) A legislator who is licensed in any profession shall not, for compensation, represent 18
the Commonwealth or any state agency. 19
(7) A legislator who is an attorney shall not for compensation maintain an action for the 20
purpose of receiving money damages against the Commonwealth in which the 21
Commonwealth is the principal defendant or against a state agency in which the 22
agency is the principal defendant. This subsection shall not apply to: 23
(a) An appeal of an action by the state against the client; 24
(b) Cases before the Workers' Compensation Board, including cases in which the 25
special fund is a party; and 26
(c) Unemployment compensation cases. 27 UNOFFICIAL COPY 24 RS HB 517/GA
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HB051710.100 - 1936 - XXXX 3/11/2024 5:34 PM GA
(8) A legislator who is properly licensed who has a partner who is also properly 1
licensed and whose partner practices cases which the legislator is precluded from 2
handling under the provisions of this section shall report to the commission in the 3
report required under KRS 6.787, the names of the agencies before which the 4
partners practiced and the names of the clients represented by the partners. 5
(9) A legislator shall not receive or enter into any express or implied agreement to 6
receive compensation for services to be rendered in relation to any case, 7
proceeding, application, or other matter before any state agency, in which his 8
compensation is to be dependent or contingent upon any action by the agency. 9
Violation of this subsection is ethical misconduct. 10
(10) If a legislator considers entering into an agreement for compensation for 11
representing any person in any transaction involving the state, he shall consider the 12
following factors: 13
(a) Whether the matter is being brought to him in an attempt to obtain improper 14
influence over the state agency; 15
(b) Whether there is a reasonable possibility that the action of the state agency 16
will be unduly influenced because of his participation; or 17
(c) The effect of his participation on public confidence in the integrity of the 18
Legislature. 19