11A.233 Influencing decision on award of economic incentive package -- Disclosure
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/ky/11a-233A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.