UNOFFICIAL COPY 25 RS BR 1544
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AN ACT relating to campaign finance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 121.175 is amended to read as follows: 3
(1) No candidate, committee, or contributing organization shall permit funds in a 4
campaign account to be expended for any purpose other than for allowable 5
campaign expenditures. "Allowable campaign expenditures" means expenditures 6
including reimbursement for actual expenses, made directly and primarily in 7
support of or opposition to a candidate, constitutional amendment, or public 8
question which will appear on the ballot and includes, but is not limited to, 9
expenditures for staff salaries, gifts and meals for volunteer campaign workers, 10
food and beverages provided at a campaign rally, advertising, office space, 11
necessary travel if reported, campaign paraphernalia, purchases of advertisements 12
in athletic and scholastic publications, communications with constituents or 13
prospective voters, polling and consulting, printing, graphic arts, or advertising 14
services, postage, office supplies, stationery, newsletters, and equipment which is 15
used primarily for the administration of the campaign, or for fees incurred from 16
legal services while defending a matter before the Kentucky Legislative Ethics 17
Commission in which the final adjudication is rendered in favor of the candidate. 18
"Allowable campaign expenditures" does not include necessary travel unless 19
reported, expenditures of funds in a campaign account for any purpose made 20
unlawful by other provisions of the Kentucky Revised Statutes or which would 21
bestow a private pecuniary benefit, except for payment of the reasonable value of 22
goods and services provided upon a candidate, member of the candidate's family, 23
committee, or contributing organization, or any of their employees, paid or unpaid, 24
including: tickets to an event which is unrelated to a political campaign or 25
candidacy; items of personal property for distribution to prospective voters except 26
items bearing the name, likeness, or logo of a candidate or a campaign-related 27 UNOFFICIAL COPY 25 RS BR 1544
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communication; expenditures to promote or oppose a candidacy for a leadership 1
position in a governmental, professional, or political organization, or other entity; 2
and equipment or appliances the primary use of which is for purposes outside of the 3
campaign. The provisions of KRS 121.190 notwithstanding, a candidate shall not be 4
required to include a disclaimer on campaign stationery purchased with funds from 5
his campaign account. 6
(2) A member of the General Assembly may utilize funds in his or her campaign 7
account to: 8
(a) Contribute up to five thousand dollars ($5,000) per year to a political party or 9
caucus campaign committee; 10
(b) Make allowable campaign expenditures in both election years and nonelection 11
years; 12
(c) Upon approval by the President of the Senate or the Speaker of the House of 13
Representatives, depending on the member's chamber: 14
1. Attend a conference, meeting, reception, or similar event; or 15
2. Attend an educational course or seminar that maintains or improves 16
skills employed by the member in carrying out the duties of his or her 17
elective office; and 18
(d) Pay for fees incurred from legal services while defending a matter arising 19
from his or her campaign or election or the performance of his or her official 20
duties. 21
(3) (a) The use of campaign funds to pay for the reasonable costs of security 22
measures for a state candidate, officeholder, member of his or her family, 23
and employees of the candidate's campaign or the officeholder's office, is 24
an allowable campaign expenditure, so long as the security measures 25
address ongoing dangers or threats that would not exist irrespective of the 26
individual's status or duties as a candidate or officeholder. Disbursements 27 UNOFFICIAL COPY 25 RS BR 1544
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for security measures shall be for the usual and normal charge for such 1
goods or services. 2
(b) As used in this subsection: 3
1. "Security measure " includes but is not limited to: 4
a. Non-structural security devices, such as security hardware, 5
locks, alarm systems, motion detectors, and security camera 6
systems; 7
b. Structural security devices, such as wiring, lighting, gates, doors, 8
and fencing, so long as such devices are intended solely to 9
provide security and not to improve the property or increase its 10
value; 11
c. Security personnel and services that are bona fide, legitimate, 12
and professional; and 13
d. Cybersecurity software, devices, and services; and 14
2. "Usual and normal charge" means: 15
a. In the case of goods, the price of those goods in the market in 16
which they are ordinarily purchased; and 17
b. In the case of services, the hourly or piecework charge for the 18
services at a commercially reasonable rate prevailing at the time 19
the services were rendered. 20
(4)[(3)] By December 31, 1993, the registry shall promulgate administrative 21
regulations to implement and enforce the provisions of subsection (1) of this 22
section. 23
(5)[(4)] In lieu of the penalties provided in KRS 121.140 and 121.990 for a violation 24
of this section, the registry may, after hearing: 25
(a) For a violation which was not committed knowingly, order the violator to 26
repay the amount of campaign funds which were expended for other than 27 UNOFFICIAL COPY 25 RS BR 1544
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allowable campaign expenditures, and if not repaid within thirty (30) days, 1
may impose a fine of up to one hundred dollars ($100) for each day the 2
amount is not repaid, up to a maximum fine of one thousand dollars ($1,000); 3
and 4
(b) For a violation which was committed knowingly, in addition to referring the 5
matter for criminal prosecution, order the violator to repay the amount of 6
campaign funds which were expended for other than allowable campaign 7
expenditures, and if not repaid within thirty (30) days, may impose a fine of 8
up to one hundred dollars ($100) for each day the amount is not repaid, up to 9
a maximum fine of one thousand dollars ($1,000). 10