6.611 Definitions for code. - Kentucky Statutes

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Page 1 of 7 6.611 Definitions for code. As used in this code, unless the context requires otherwise:
(1) "Adversarial proceeding" means a proceeding in which decisions are made based upon evidence presented as measured against established standards, with parties
having the right to appeal the decision on the record to a court. (2) (a) "Anything of value" includes the following: 1. A pecuniary item, including money, or a bank bill or note; 2. A promissory note, bill of exchange, order, draft, warrant, check, or
bond given for the payment of money; 3. A contract, agreement, promise, or other obligation for an advance,
conveyance, forgiveness of indebtedness, deposit, distribution, loan,
payment, gift, pledge, or transfer of money; 4. A stock, bond, note, or other investment interest in an entity; 5. A receipt given for the payment of money or other property; 6. A right in action; 7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or
chattel; 8. A loan or forgiveness of indebtedness; 9. A work of art, antique, or collectible; 10. An automobile or other means of personal transportation;
11. 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; 12. 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; 13. A promise or offer of employment; or
14. 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: 1. A campaign contribution properly received and reported, if reportable,
as required under KRS Chapter 121; 2. 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; 3. 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; Page 2 of 7 4. A certificate, plaque, or commemorative token of less than one hundred
fifty dollars ($150) value; 5. Informational or promotional items; 6. Educational items; 7. Food and beverages consumed on the premises; 8. The cost of attendance or participation, and of food and beverages
consumed, at events:
a. To which all members of the Kentucky Senate or the Kentucky
House of Representatives, or both, are invited; b. To which all members of a joint committee or task force of the
Kentucky Senate and the Kentucky House of Representatives are
invited; c. To which a caucus of legislators approved as a caucus by the
Legislative Research Commission is invited; d. 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 e. To which an individual legislator is invited and for which the
legislator receives prior approval from a majority of the Legislative
Research Commission. Costs of admittance or attendance, or the
value of food or beverages consumed at these events shall not be
considered anything of value. Transportation, lodging, and other
ancillary expenses related to attendance or participation in these
events shall be included in the definition of anything of value; 9. Gifts from a person related by blood or marriage or a member of the
legislator's household; 10. A gift that: a. Is not used; and b. 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; 11. 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 by the legislator are
approved in advance by the Legislative Research Commission; 12. The cost of attendance or participation provided by the sponsoring entity, of lodging, and of food and beverages consumed, at events
sponsored by or in conjunction with a civic, charitable, governmental, Page 3 of 7 trade association, or community organization if the event is held within
the Commonwealth of Kentucky; 13. A gift or gifts from one member of the General Assembly to another member of the General Assembly; 14. Anything for which the recipient pays or gives full value; or
15. Any service spontaneously extended to a legislator in an emergency situation. (3) "Associated," if used with reference to an organization, includes an organization in which an individual or a member of the individual's family is a director, officer,
fiduciary, trustee, agent, or partner, or owns or controls, in the aggregate, an interest
of ten thousand dollars ($10,000) or more, or an interest of five percent (5%) or
more of the outstanding equity; (4) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company,
joint stock company, receivership, trust, professional service corporation, or any
legal entity through which business is conducted for profit; (5) "Business associate" includes the following: (a) A private employer;
(b) A general or limited partnership, or a general or limited partner within the partnership; (c) A corporation that is family-owned or in which all shares of stock are closely held, and the shareholders, owners, and officers of such a corporation; (d) A corporation in which the legislator or other person subject to this code has an investment interest, owns, or has a beneficial interest in shares of stock
which constitute more than:
1. Five percent (5%) of the value of the corporation; or 2. Ten thousand dollars ($10,000) at fair market value; (e) A corporation, business association, or other business entity in which the legislator or other person subject to this code serves as an agent or a
compensated representative; (6) "Candidate" means an individual who seeks nomination or election to the General Assembly. An individual is a candidate when the individual:
(a) Files a notification and declaration for nomination for office with the Secretary of State; or (b) Is nominated for office by his party under KRS 118.105, 118.115, 118.325, or 118.760; (7) "Charitable organization" means an organization described in 26 U.S.C. Sec. 170(c) as it currently exists or as it may be amended; (8) "Child" means the unemancipated minor daughter, son, stepdaughter, or stepson;
(9) "Commission" means the Kentucky Legislative Ethics Commission;
(10) (a) "Compensation" means: Page 4 of 7 1. An advance, salary, conveyance, forgiveness of indebtedness, deposit,
distribution, loan, payment, gift, pledge, or transfer of money; or 2. A contract, agreement, promise, or other obligation for an advance,
conveyance, forgiveness of indebtedness, deposit, distribution, loan,
payment, gift, pledge, or transfer of money for services rendered or to be
rendered; (b) "Compensation" does not include reimbursement of expenses if: 1. The reimbursement is equal to, or less than, the amount paid for the
expenses; 2. Expense records are itemized; and 3. No portion of the reimbursed expense is used to give anything of value
to a legislator, candidate, or the spouse of a legislator or candidate; (11) "Economic interest" means an interest distinct from that of the general public in a state purchase, sale, lease, contract, option, or other transaction or arrangement
involving property or services in which a legislator may gain an economic benefit of
fifty dollars ($50) or more; (12) "Employer" means any person who engages a legislative agent and in the case of a business other than a sole proprietorship or self-employed individual, it means the
business entity, and not an individual officer, director, or employee thereof, except
when an officer, director, or employee makes an expenditure for which he is
reimbursed by the business entity; (13) "Engage" means to make any arrangement, and "engagement" means any arrangement, by which an individual is employed or retained for compensation to
act for or on behalf of an employer to lobby; (14) "Ethical misconduct" means any violation of the Kentucky Code of Legislative Ethics; (15) (a) "Expenditure" means any of the following that is made to, at the request of, for the benefit of, or on behalf of any member of the General Assembly, the
Governor, the secretary of a cabinet listed in KRS 12.250, or any member of
the staff of any of those officials:
1. A payment, distribution, loan, advance, deposit, reimbursement, or gift
of money, real estate, or anything of value, including, but not limited to,
food and beverages, entertainment, lodging, transportation, or honoraria; 2. A contract, promise, or agreement, to make an expenditure; or 3. The purchase, sale, or gift of services or any other thing of value. (b) "Expenditure" does not include a contribution, gift, or grant to a foundation or other charitable organization that is exempt from federal income taxation
under Section 501(c)(3) of the Internal Revenue Code. "Expenditure" does not
include the purchase, sale, or gift of services or any other thing of value that is
available to the general public on the same terms as it is available to the
persons listed in this subsection; (16) "Family member" means a person: Page 5 of 7 (a) Who is the spouse, parent, sibling, child, mother-in-law, father-in-law, son-in- law, daughter-in-law, grandparent, or grandchild of an individual; or (b) Who is a member of the individual's household, and is dependent upon the member; (17) "Filer" means an individual who is required to file a statement of financial interests pursuant to KRS 6.781; (18) (a) "Financial transaction" means a transaction or activity that is conducted or undertaken for profit and arises from the joint ownership, ownership, or part
ownership in common of any real or personal property or any commercial or
business enterprise of whatever form or nature between the following:
1. A legislative agent, his employer, or a member of the immediate family
of the legislative agent or his employer; and 2. Any member of the General Assembly, the Governor, the secretary of a
cabinet listed in KRS 12.250, or any member of the staff of any of the
officials listed in this subparagraph; (b) "Financial transaction" does not include any transaction or activity: 1. Described in paragraph (a) of this subsection if it is available to the
general public on the same or similar terms and conditions; or 2. Made or let after public notice and competitive bidding or contracts that
are available on similar terms to other members of the general public; (19) "Former legislator" means a person who previously held a position as a legislator and who no longer holds that position; (20) "Immediate family" means an unemancipated child residing in an individual's household, a spouse of an individual, or a person claimed by the individual's spouse
as a dependent for tax purposes; (21) "Legislation" means bills, resolutions, amendments, nominations, and any other matter pending before the General Assembly or any of its interim committees, or the
executive approval or veto of any bill acted upon by the General Assembly; (22) (a) "Legislative agent" means any individual who is engaged: 1. During at least a portion of his time to lobby as one (1) of his official
responsibilities; or 2. 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: 1. Any person who limits his lobbying activities to appearing before public
meetings of legislative committees, subcommittees, or task forces, or
public hearings or meetings of public agencies; 2. A private citizen who receives no compensation for lobbying and who
expresses a personal opinion; or Page 6 of 7 3. A public servant acting in his fiduciary capacity as a representative of
his agency, college, university, or city, county, urban-county, 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; (23) "Legislative interest" means a substantial economic interest, distinct from that of the general public, in one (1) or more legislative matters; (24) "Legislative matter" means any bill, resolution, nomination, or other issue or proposal pending before the General Assembly or any interim committee,
committee, subcommittee, task force, or commission of the General Assembly; (25) "Legislator" means a member or member-elect of the General Assembly;
(26) (a) "Lobby" means to promote, advocate, or oppose the passage, modification, defeat, or executive approval or veto of any legislation by direct
communication with any member of the General Assembly, the Governor, the
secretary of any cabinet listed in KRS 12.250, or any member of the staff of
any of the officials listed in this paragraph. (b) "Lobbying" does not include: 1. Appearances before public meetings of the committees, subcommittees,
task forces, and interim committees of the General Assembly; 2. News, editorial, and advertising statements published in newspapers,
journals, or magazines, or broadcast over radio or television; 3. The gathering and furnishing of information and news by bona fide
reporters, correspondents, or news bureaus to news media described in
paragraph (b)2. of this subsection; 4. Publications primarily designed for, and distributed to, members of bona
fide associations or charitable or fraternal nonprofit corporations; 5. Professional services in drafting bills or resolutions, preparing
arguments on these bills or resolutions, or in advising clients and
rendering opinions as to the construction and the effect of proposed or
pending legislation, if the services are not otherwise connected with
lobbying; or 6. The action of any person not engaged by an employer who has a direct
interest in legislation, if the person, acting under Section 1 of the
Kentucky Constitution, assembles together with other persons for their
common good, petitions any official listed in this subsection for the
redress of grievances, or other proper purposes; (27) "Person" means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business, trust, estate, company, corporation, association,
club, committee, organization, or group of persons acting in concert; Page 7 of 7 (28) "Public servant" means an elected or appointed officer or employee of a federal or state agency; state institution of higher education; or a city, county, urban-county, or
charter county government; (29) "State agency" means any department, office, commission, board, or authority within the executive department, and includes state-supported universities and
colleges but does not include local boards of education; and (30) "Through others" means a scheme, artifice, or mechanism, the sole purpose of which is to accomplish by indirect means, using third parties, results which would
be unlawful under this code if accomplished directly between a legislator or
candidate and another person or entity. Effective: March 16, 2005
History: Amended 2005 Ky. Acts ch. 105, sec. 13, effective March 16, 2005. -- Amended 1996 Ky. Acts ch. 211, sec. 1, effective July 15, 1996. -- Amended 1994
Ky. Acts ch. 479, sec. 2, effective July 15, 1994. -- Amended 1993 (1st Extra. Sess.)
Ky. Acts ch. 4, sec. 4, effective September 16, 1993. -- Created 1976 Ky. Acts
ch. 262, sec. 1. Formerly codified as KRS 6.750.