Gift Made with Intent to Influence
No current state statute or regulation falls under the category of “Gift Made with Intent to Influence.”
Extra Compensation for Official Duties
6.751 Prohibition against acceptance of additional compensation or gifts for performance of legislative duties; penalties
- A legislator shall not knowingly accept compensation, other than that provided by law for members of the General Assembly, for performance of his legislative duties. No person, other than state officials or employees performing their duties in making payments to members of the General Assembly as provided by law, may pay or offer to pay any person any compensation for performance of his legislative duties. Violation of this subsection is a Class A misdemeanor.
- A legislator or his spouse shall not solicit, accept, or agree to accept anything of value from a legislative agent or an employer. Violation of this subsection is a Class B misdemeanor.
Ky. Rev. Stat. § 6.751.
6.747 Prohibition Against Honoraria; Authorization for Certain Out-Of-State Travel; Penalty
- A legislator shall not accept any compensation in consideration for an appearance, speech, or article unless the appearance, speech, or article is both related to the legislator’s employment outside the General Assembly and is unrelated to his or her position as a legislator.
- A legislator may accept prepaid transportation, food, and lodging or be reimbursed for actual expenses for out-of-state travel associated with the performance of his or her duties as a legislator if he or she obtains prior approval of the travel from a majority of the Legislative Research Commission. However, a legislative agent or employer shall not furnish or pay for out-of-state transportation or lodging for a legislator. A legislative agent or employer may furnish food, beverages, or local transportation for an event held in conjunction with a meeting of a multistate or national organization referenced in KRS 6.611(2)(b)11., if the event is conducted in accordance with KRS 6.611(2)(b)8.a. to d. The reimbursement of expenses pursuant to this subsection shall be reported to the Legislative Research Commission.
- Violation of this section is ethical misconduct.
Ky. Rev. Stat. § 6.747.
11A.040 Acts Prohibited for Public Servant or Officer; Exceptions
- (5) A public servant shall not knowingly accept compensation, other than that provided by law for public servants, for performance of his or her official duties without the prior approval of the commission.
Ky. Rev. Stat. § 11A.040(5).
521.030 Soliciting Unlawful Compensation
- A public servant is guilty of soliciting unlawful compensation when he requests a pecuniary benefit for the performance of an official action knowing that he was required to perform that action without compensation or at a level of compensation lower than that requested.
- Solicitation of unlawful compensation is a Class B misdemeanor.
Ky. Rev. Stat. Ann. s. 521.030.
Gift Regardless of Giver Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”
Gift from Lobbyist or Regulated Entity
6.751 Prohibition Against Acceptance of Additional Compensation or Gifts for Performance of Legislative Duties; Penalties
- (2) A legislator or his spouse shall not solicit, accept, or agree to accept anything of value from a legislative agent or an employer. Violation of this subsection is a Class B misdemeanor.
Ky. Rev. Stat. § 6.751(2).
11A.045 Acceptance of Gifts by Public Servants Permitted Under Certain Circumstances
- No public servant, his spouse, or dependent child knowingly shall accept any gifts or gratuities, including travel expenses, meals, alcoholic beverages, and honoraria, totaling a value greater than twenty-five dollars ($25) in a single calendar year from any person or business that does business with, is regulated by, is seeking grants from, is involved in litigation against, or is lobbying or attempting to influence the actions of the agency in which the public servant is employed or which he supervises, or from any group or association which has as its primary purpose the representation of those persons or businesses. Nothing contained in this subsection shall prohibit the commission from authorizing exceptions to this subsection where such exemption would not create an appearance of impropriety. This subsection shall not apply to:
- (a) Activities involving sponsorships, naming rights, or similar honoraria granted under KRS 45A.097; or
- (b) Individuals traveling on their own while involved in activities related to KRS 45A.097.
- Nothing in KRS Chapter 11A shall prohibit or restrict the allocation of or acceptance by a public servant of a ticket for admission to a sporting event if the ticket or admission is paid for by the public servant at face value or is paid for at face value by the individual to whom the ticket is allocated.
- Nothing in KRS 11A.001 to 11A.110 shall prohibit or restrict the acceptance by a public servant of the Cabinet for Economic Development or by any other public servant working directly with the cabinet on an economic incentive package of anything of economic value as a gift or gratuity, if the gift or gratuity:
- (a) Was not solicited by the public servant;
- (b) Was accepted by the public servant in the performance of his or her official duties and in compliance with guidelines to be established by the Kentucky Economic Development Partnership which shall include requirements that all gifts or gratuities of a reportable value under KRS 11A.050(3)(k) be registered with the Kentucky Economic Development Partnership and with the Executive Branch Ethics Commission and that all tangible property with a value in excess of twenty-five dollars ($25), other than food and beverages consumed on the premises, shall be turned over to the Cabinet for Economic Development within thirty (30) days of receipt. In filing reports of gifts or gratuities with the Executive Branch Ethics Commission, the Cabinet for Economic Development may delete information identifying the donors if the cabinet believes identification of the donors would damage economic development; and
- (c) Was not accepted under circumstances which would create a violation of KRS Chapter 521.
Ky. Rev. Stat. § 11A.045.
Definitions and Exceptions
Legislative Agent Defined
As used in this code, unless the context requires otherwise. . .
(a) “Legislative agent” means any individual who is engaged:
- during at least a portion of his or her time to lobby as one (1) of his or her official responsibilities; or
- In lobbying activities as a legislative liaison of an association, coalition, or public interest entity formed for the purpose of promoting or otherwise influencing legislation.
(b) “Legislative agent” does not include:
- Any person who limits his or her lobbying activities to appearing before public meetings of legislative committees, subcommittees, or task forces, or public hearings or meetings of public agencies;
- A private citizen who receives no compensation for lobbying and who expresses a personal opinion; or
- A public servant acting in his or her fiduciary capacity as a representative of his or her agency, college, university, or city, county, urban-county, consolidated local government, unified local government, or charter county government, except persons engaged by a de jure municipal corporation, such as the Kentucky Lottery Corporation or the Kentucky Housing Corporation, institutions of higher education, or local governments, whose primary responsibility during sessions of the General Assembly is to lobby.
Ky. Rev. Stat. § 6.611(23).
“Anything of Value” Defined
As used in this code, unless the context requires otherwise. . .
(a) “Anything of value” includes the following:
- A pecuniary item, including money, or a bank bill or note;
- A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;
- A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
- A stock, bond, note, or other investment interest in an entity;
- A receipt given for the payment of money or other property;
- A right in action;
- A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
- A loan or forgiveness of indebtedness;
- A work of art, antique, or collectible;
- An automobile or other means of personal transportation;
- Real property or an interest in real property, including title to realty; a fee simple or partial interest, present or future, contingent or vested, within realty; a leasehold interest; or other beneficial interest in realty;
- A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person’s status as a legislator;
- A promise or offer of employment; or
- Any other thing of value that is pecuniary or compensatory in value to a person, or the primary significance of which is economic gain.
(b) “Anything of value” does not include:
- A campaign contribution properly received and reported, if reportable, as required under KRS Chapter 121;
- Compensation, food, beverages, entertainment, transportation, lodging, or other goods or services extended to a legislator by the legislator’s private employer or by a person other than a legislative agent or employer;
- A usual and customary commercial loan made in the ordinary course of business, without regard to the recipient’s status as a legislator, and by a person or institution authorized by law to engage in the business of making loans;
- A certificate, plaque, or commemorative token of less than one hundred fifty dollars ($150) value;
- Promotional items of less than fifty dollars ($50);
- Educational items;
- Informational items;
- The cost of attendance or participation, and of food and beverages consumed, at events:
- To which all members of the Kentucky Senate or the Kentucky House of Representatives, or both, are invited;
- To which all members of a joint committee or task force of the Kentucky Senate and the Kentucky House of Representatives are invited;
- To which a caucus of legislators approved as a caucus by the Legislative Research Commission is invited;
- Sponsored or coordinated by a state or local government entity, including a state institution of higher education, provided that the cost thereof is covered by the state or local government entity or state institution of higher education; or
- To which an individual legislator is invited that are held in-state, and for which the legislator receives prior approval from a majority of the Legislative Research Commission;
- Gifts from a person related by blood or marriage or a member of the legislator’s household;
- A gift that:
- Is not used; and
- No later than thirty (30) days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes;
- The cost, paid, reimbursed, raised, or obtained by the Legislative Research Commission, for attendance or participation, and for food and beverages consumed at, and funds, goods, and services provided for conducting events sponsored or coordinated by multistate or national organizations of, or including, state governments, state legislatures, or state legislators if the attendance and expenditures are approved in advance by the Legislative Research Commission;
- The cost of attendance or participation provided by the sponsoring entity, of lodging, and of food and beverages consumed, at in-state events sponsored by or in conjunction with a civic, charitable, governmental, trade association, or community organization;
- A gift or gifts from one member of the General Assembly to another member of the General Assembly;
- Anything for which the recipient pays or gives full value; or
- Any service spontaneously extended to a legislator in an emergency situation.
Ky. Rev. Stat. Ann. § 6.611(2).