Senate Bill 6, passed by the 2019 Kentucky General Assembly, has changed the filing requirements for executive agency lobbyists and their employers. The new law requires
executive agency lobbyists and their employers to disclose compensation and
prohibits compensation contingent on awarding of a government contract or based
on a percentage of a government contract awarded. It also broadens the requirements for
registration by changing the definition of executive agency decision, executive
agency lobbying activity, executive agency lobbyist and changes substantial
basis to substantial issue.
As a result of the passage of Senate Bill 6, the Executive Branch Ethics Commission is required to amend the lobbying filing process in 9 KAR 1:040. The Commission issued ordinary and emergency amendments to 9 KAR 1:040. Senate Bill 6 and both the emergency and ordinary amendments are located below this paragraph. We encourage you to review both Senate Bill 6 and the amendments and send comments to the Commission during the comment period.
Anticipated clarifications are listed below.
Statements for new lobbyists or new employers (clients) filed on or after July 1, 2019 must use the 5/2019
Revised Initial Registration Statement.
Any Initial Registration Statements filed on or after
July 1, 2019 using older versions of the Initial Registration Statement will
be returned for correction and the registration will not be processed.
In the broadest sense of the term, "to lobby" is to attempt to influence an executive agency decision maker or lawmaker. A constituent's voluntary opinion regarding an issue under consideration by his or her elected representative or government official can be considered "lobbying". However, such ordinary activities of citizens are separate and distinct from "professional" lobbying, so long as such activities are exclusively the exercise of individual liberty.
A professional lobbyist, also known as an executive agency lobbyist or legislative agent, is a person who receives compensation for his or her efforts to influence executive agency decision makers or legislators on behalf of a client or employer. The information here is a guide for the "professional lobbyist."
An Executive Agency Lobbyist is
any person who is engaged for compensation to influence executive agency decisions or to conduct
executive agency lobbying activity regarding a substantial issue as one
of his or her main purposes. This also
includes associations, coalitions, or public interest entities formed for the
purpose of promoting or otherwise influencing executive agency decisions. If the advocacy by direct communication
regarding an executive agency decision is directed to the office of an elected
executive official, a cabinet listed
in KRS 12.250, an executive branch official, or any other state agency,
department, board, or commission controlled or directed by an elected executive
official or otherwise subject to their authority, and the person is attempting
to influence an executive agency decision, then the person engaged in such
advocacy is an Executive Agency Lobbyist. The term "executive agency lobbyist" shall also include placement agents and unregulated placement agents. Please review KRS Chapter 11A and Chapter 9 of the Kentucky Administrative Regulations for further information. Questions may be addressed to the staff of the Executive Branch Ethics Commission.
The lobbying laws in the Commonwealth of Kentucky only apply to attempts to influence on the state level; the law does not apply to activities involving attempts to influence the decisions of county or municipal officials.
Consult the Informational Guide for more on executive agency lobbying in the Commonwealth of Kentucky.