11A.211 Registration statements for executive agency lobbyists, their employers,
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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.
(a)A change in any information required by subsection (1)(a), (b), (c), (d), or
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.