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Code · Kentucky · Kentucky Revised Statutes

11A.236 Prohibition against lobbying on a contingency basis -- Exception for

298 words·~1 min read·/ky/11a-236

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incentive compensation plans and placement agents. (Effective April 1, 2021)
(1)Except as provided in subsection
(2)of this section, no person shall engage any
persons to influence executive agency decisions or conduct executive agency
lobbying activity for compensation that is contingent in any way on the outcome of
an executive agency decision, including payment based on the awarding of a
contract or payment of a percentage of a government contract awarded, and no
person shall accept any engagement to influence executive agency decisions or
conduct executive agency lobbying activity for compensation that is contingent in
any way on the outcome of an executive agency decision, including payment based
on the awarding of a contract or payment of a percentage of a government contract
awarded. An employer who pays an executive agency lobbyist based on the
awarding of a contract or payment of a percentage of a government contract
awarded shall be barred from doing business with the Commonwealth for a period
of five
(5)years from the date on which such a payment is revealed to the Executive
Branch Ethics Commission.
(2)Subsection
(1)of this section does not prohibit, and shall not be construed to
prohibit:
(a)Any person from compensating his or her sales employees pursuant to an
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 executive agency lobbyists; or
(b)Any person from engaging a placement agent to influence investment
decisions of the Kentucky Retirement Systems, County Employees Retirement
System, and the Kentucky Teachers' Retirement System for compensation that
is contingent on the outcome of investment decisions by the retirement
systems' boards of trustees. The provisions of this paragraph shall not apply to
unregulated placement agents.
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