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AN ACT relating to lobbying. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Engage" has the same meaning as in KRS 6.611 and 11A.201; 6
(b) "Lobby" or "lobbying" means contacts made to promote, advocate, or 7
oppose the passage, modification, defeat, or executive approval or veto of 8
any legislation or otherwise influence the outcome of any legislative or 9
executive action or decision by direct communication with a local 10
government official or any staff member of a local government official; 11
(c) 1. "Lobbyist" means any person who is engaged during at least a portion 12
of his or her time to lobby as one (1) of his or her official 13
responsibilities. 14
2. "Lobbyist" does not include: 15
a. Any person who limits his or her lobbying activities to appearing 16
before public meetings of committees, subcommittees, task 17
forces, or public hearings held by a local government; 18
b. A private citizen who receives no compensation for lobbying and 19
who expresses a personal opinion; or 20
c. An elected or appointed officer or employee of a federal or state 21
agency, state college, state university, or political subdivision 22
acting in his or her fiduciary capacity as a representative of his 23
or her agency, college, university, or political subdivision; 24
(d) "Lobbyist employer" means any person or entity that engages a lobbyist; 25
and 26
(e) "Local government" means any of the following: 27 UNOFFICIAL COPY 24 RS BR 1750
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1. City government; 1
2. County government; 2
3. Urban-county government; 3
4. Charter county government; 4
5. Consolidated local government; or 5
6. Unified local government. 6
(2) Each lobbyist and lobbyist employer that engages in lobbying activity to a local 7
government shall file a registration statement to the Department for Local 8
Government on a form provided by the Department for Local Government listing 9
the following: 10
(a) The name, business address and telephone number, and occupation of the 11
lobbyist; 12
(b) The name and business address of the lobbyist employer and of any real 13
party in interest on whose behalf the lobbyist is acting, if different from the 14
employer. For the purposes of this section, if a trade association or other 15
charitable or fraternal organization that is exempt from federal income 16
taxation under Section 501(c) of the Internal Revenue Code is the employer, 17
the statement shall not list the names and addresses of each member of the 18
association or organization, if the association or organization itself is listed; 19
(c) A brief description of: 20
1. The activity or activities that the lobbyist is engaged or will be engaged 21
in lobbying on behalf of the lobbyist employer, or as a representative 22
of an organized association, coalition, or public interest entity; and 23
2. Any local government decision or ordinance to which the engagement 24
relates; 25
(d) The name of the local government or local governments to which the 26
engagement relates; 27 UNOFFICIAL COPY 24 RS BR 1750
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(e) Compensation paid to, or received by, each lobbyist, lobbyist employer, and 1
real party in interest as part of the engagement; and 2
(f) Certification from the lobbyist or lobbyist employer that the information 3
contained in the statement is complete and accurate. 4
(3) (a) The registration statement shall be filed with the Department for Local 5
Government within thirty (30) days of the engagement. 6
(b) In addition to the requirements of paragraph (a) of this subsection, each 7
lobbyist and lobbyist employer shall submit a registration statement either 8
with the same or updated information, as appropriate, to the department on 9
an annual basis by June 30. 10
(4) The Department for Local Government shall maintain the registration statements 11
and publish the filed registration statements on its website. The Department for 12
Local Government shall, by August 1 of each year, maintain, update, and publish 13
the list of registered lobbyists and lobbyist employers, and publish two (2) lists, 14
one (1) organized by lobbyist employer, and the other organized by local 15
government lobbied. 16
SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) As used in this section: 19
(a) "Engage" has the same meaning as in KRS 6.611 and KRS 11A.201; 20
(b) "Lobby" or "lobbying" means contacts made to promote, advocate, or 21
oppose the passage, modification, defeat, or executive approval or veto of 22
any legislation or otherwise influence the outcome of any legislative or 23
executive action or decision by direct communication with a member of a 24
local board of education, public charter school board of directors, or an 25
employee of any school district, public school, or public charter school; 26
(c) 1. "Lobbyist" means any person who is engaged during at least a portion 27 UNOFFICIAL COPY 24 RS BR 1750
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of his or her time to lobby as one (1) of his or her official 1
responsibilities. 2
2. "Lobbyist" does not include: 3
a. Any person who limits his or her lobbying activities to appearing 4
before public meetings of committees, subcommittees, task 5
forces, or public hearings held by a school district, public school, 6
or public charter school; 7
b. A private citizen who receives no compensation for lobbying and 8
who expresses a personal opinion; or 9
c. An elected or appointed officer or employee of a federal or state 10
agency, state college, state university, or political subdivision 11
acting in his or her fiduciary capacity as a representative of his 12
or her agency, college, university, or political subdivision; and 13
(d) "Lobbyist employer" means any person or entity that engages a lobbyist. 14
(2) Each lobbyist and lobbyist employer that engages in lobbying activity to a school 15
district, public school, or public charter school shall file a registration statement 16
to the Kentucky Department of Education on a form provided by the Kentucky 17
Department of Education listing the following: 18
(a) The name, business address and telephone number, and occupation of the 19
lobbyist; 20
(b) The name and business address of the lobbyist employer and of any real 21
party in interest on whose behalf the lobbyist is acting, if different from the 22
employer. For the purposes of this section, if a trade association or other 23
charitable or fraternal organization that is exempt from federal income 24
taxation under Section 501(c) of the Internal Revenue Code is the employer, 25
the statement shall not list the names and addresses of each member of the 26
association or organization, if the association or organization itself is listed; 27 UNOFFICIAL COPY 24 RS BR 1750
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(c) A brief description of: 1
1. The activity or activities that the lobbyist is engaged or will be engaged 2
in lobbying on behalf of the lobbyist employer, or as a representative 3
of an organized association, coalition, or public interest entity; and 4
2. Any decision from a local board of education, public charter school 5
board of directors, public school, or public charter school to which the 6
engagement relates; 7
(d) The name of each school district, public school, and public charter school 8
to which the engagement relates; 9
(e) Compensation paid to, or received by, each lobbyist, employer, and real 10
party in interest as part of the engagement; and 11
(f) Certification from the lobbyist or lobbyist employer that the information 12
contained in the statement is complete and accurate. 13
(3) (a) The registration statement shall be filed with the Department of Education 14
within thirty (30) days of the engagement. 15
(b) In addition to the requirements of paragraph (a) of this subsection, each 16
lobbyist and lobbyist employer shall submit a registration statement either 17
with the same or updated information, as appropriate, to the Kentucky 18
Department of Education by June 30 of each year. 19
(4) The Kentucky Department of Education shall maintain the registration 20
statements and publish the filed registration statements on its website. The 21
Kentucky Department of Education shall, by August 1 of each year, maintain, 22
update, and publish the list of registered lobbyists and lobbyist employers, and 23
publish two (2) lists, one (1) organized by lobbyist employer, and the other 24
organized by school district, public school, or public charter school lobbied. 25
SECTION 3. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 24 RS BR 1750
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(1) No later than November 1, 2024, each local board of education shall adopt a code 1
of ethics for members of the local board of education and the superintendent. 2
(2) Each code of ethics adopted under subsection (1) of this section shall include but 3
not be limited to the following: 4
(a) Standards of conduct for elected and appointed board members and 5
employees; 6
(b) A policy on the employment of relatives of board members or employees of a 7
school district; 8
(c) The designation of a person or group who shall be responsible for 9
enforcement of the code of ethics, receipt of complaints alleging possible 10
violations of the code of ethics, investigation of possible violations of the 11
code of ethics, and imposition of penalties provided in the code of ethics; 12
and 13
(d) Restrictions and limitations on lobbyists. 14
Section 4. KRS 65.003 is amended to read as follows: 15
(1) (a) The governing body of each city, county, urban-county, consolidated local 16
government, and charter county, shall adopt, by ordinance, a code of ethics 17
which shall apply to all elected officials of the city, county, urban-county, 18
consolidated local government, or charter county, and to appointed officials 19
and employees of the city, county, urban-county, consolidated local 20
government, or charter county government, or agencies created jointly, as 21
specified in the code of ethics. The elected officials of a city, county, or 22
consolidated local government to which a code of ethics shall apply include 23
the mayor, county judge/executive, members of the governing body, county 24
clerk, county attorney, sheriff, jailer, coroner, surveyor, and constable but do 25
not include members of any school board. Agencies created jointly may 26
include planning or administrative commissions or boards. Candidates for the 27 UNOFFICIAL COPY 24 RS BR 1750
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local government elective offices specified in this subsection shall comply 1
with the annual financial disclosure statement filing requirements contained in 2
the code of ethics. 3
(b) The boards, officers, and employees of special purpose governmental entities 4
shall be subject to a code of ethics as provided in KRS 65A.070. As used in 5
this section, special purpose governmental entity has the same meaning as in 6
KRS 65A.010. 7
(2) Any city, county, or consolidated local government may enter into a memorandum 8
of agreement or an interlocal agreement with one (1) or more other cities, counties, 9
or consolidated local governments for joint adoption of a code of ethics which shall 10
apply to all elected officials of the cities, counties, or consolidated local 11
governments, and to appointed officials and employees as specified by each of the 12
cities, counties, or consolidated local governments which enters into the agreement. 13
Interlocal agreements shall be executed pursuant to the Interlocal Cooperation Act 14
in KRS 65.210 to 65.300. The interlocal agreement or memorandum of agreement 15
may provide for but shall not be limited to: 16
(a) The provision of administrative services relating to the implementation of a 17
code of ethics; 18
(b) The creation of a regional ethics board which serves independently to provide 19
advice to member governments and their officials and provides for the 20
enforcement of locally adopted codes of ethics; and 21
(c) Contracting by a memorandum of agreement with an area development 22
district for the provision of administrative services relating to the 23
implementation of a code of ethics. 24
Candidates for the city, county, or consolidated local government elective offices 25
specified in this subsection shall comply with the annual financial disclosure 26
statement filing requirements contained in the code of ethics. 27 UNOFFICIAL COPY 24 RS BR 1750
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(3) Each code of ethics adopted as provided by subsection (1) or (2) of this section, or 1
amended as provided by subsection (4) of this section, shall include but not be 2
limited to provisions which set forth: 3
(a) Standards of conduct for elected and appointed officials and employees; 4
(b) Requirements for creation of financial disclosure statements, which shall be 5
filed annually by all candidates for the city, county, or consolidated local 6
government elective offices specified in subsection (1) of this section, elected 7
officials of each city, county, or consolidated local government, and other 8
officials or employees of the city, county, or consolidated local government, 9
as specified in the code of ethics, and which shall be filed with the person or 10
group responsible for enforcement of the code of ethics; 11
(c) A policy on the employment of members of the families of officials or 12
employees of the city, county, or consolidated local government, as specified 13
in the code of ethics;[ and] 14
(d) The designation of a person or group who shall be responsible for 15
enforcement of the code of ethics, including maintenance of financial 16
disclosure statements, all of which shall be available for public inspection, 17
receipt of complaints alleging possible violations of the code of ethics, 18
issuance of opinions in response to inquiries relating to the code of ethics, 19
investigation of possible violations of the code of ethics, and imposition of 20
penalties provided in the code of ethics; and 21
(e) Restrictions and limitations on lobbyists. 22
(4) The code of ethics ordinance adopted by a city, county, or consolidated local 23
government may be amended but shall not be repealed. 24
(5) (a) Within twenty-one (21) days of the adoption of the code of ethics required by 25
this section, each city, county, or consolidated local government shall deliver 26
a copy of the ordinance by which the code was adopted and proof of 27 UNOFFICIAL COPY 24 RS BR 1750
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publication in accordance with KRS Chapter 424 to the Department for Local 1
Government. The Department for Local Government shall maintain the 2
ordinances as public records and shall maintain a list of city, county, or 3
consolidated local governments which have adopted a code of ethics and a list 4
of those which have not adopted a code of ethics. 5
(b) Within twenty-one (21) days of the amendment of a code of ethics required by 6
this section, each city, county, or consolidated local government shall: 7
1. Deliver a copy of the ordinance by which the code was amended and 8
proof of publication in accordance with KRS Chapter 424 to the 9
Department for Local Government, which shall maintain the amendment 10
with the ordinance by which the code was adopted; and 11
2. Deliver a copy of the ordinance by which the code was amended to the 12
governing body of each special purpose governmental entity that 13
follows that establishing entity's code of ethics pursuant to KRS 14
65A.070. 15
(c) For ordinances adopting or amending a code of ethics under this section, cities 16
of the first class and consolidated local governments shall comply with the 17
publication requirements of KRS 83A.060(9), notwithstanding the exception 18
contained in that statute. 19
(6) If a city, county, or consolidated local government fails to comply with the 20
requirements of this section, the Department for Local Government shall notify all 21
state agencies, including area development districts, which deliver services or 22
payments of money from the Commonwealth to the city, county, or consolidated 23
local government. Those agencies shall suspend delivery of all services or payments 24
to the city, county, or consolidated local government which fails to comply with the 25
requirements of this section. The Department for Local Government shall 26
immediately notify those same agencies when the city, county, or consolidated local 27 UNOFFICIAL COPY 24 RS BR 1750
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government is in compliance with the requirements of this section, and those 1
agencies shall reinstate the delivery of services or payments to the city, county, or 2
consolidated local government. 3
(7) Notwithstanding KRS 67C.103(14)(e), a simple majority of the legislative council 4
of a consolidated local government may delegate its authority to issue 5
administrative subpoenas for the attendance and testimony of witnesses and the 6
production of documents relevant to possible violations of the code of ethics to the 7
person or a majority of the group responsible for enforcement of a code of ethics. 8
Subpoenas shall be served in the same manner as subpoenas for witnesses in civil 9
cases. Compliance with the subpoenas shall be enforceable by the Circuit Court. 10
Any failure to obey an order of the court may be punished by the court as contempt 11
thereof. 12