Download pdfLoading PDF...
 
Page 1 of 1 
45A.877   Reimbursement  of  underwriters  for  counsel  retained  by  them  for  bond 
issuance -- Prohibition against state employee's recommending selection. 
(1)  The  office  shall  establish  and  maintain  a  schedule  of  rates  at  which  underwriters 
will be reimbursed for fees and expenses of counsel they retain for a bond issuance. 
(2)  Employees  of  the  Commonwealth  shall  be  prohibited  from  directly  or  indirectly 
recommending the selection of the underwriter's counsel. This section shall not be 
deemed to prohibit the creation of a list of qualified firms to assist underwriters in 
the  selection  of  their  counsel  or  from  otherwise  making  general  information 
regarding law firms available to underwriters. 
(3)  For  each  bond  issuance,  the  secretary  of  the  Finance  and  Administration  Cabinet 
and the executive director shall certify to the Capital Projects and Bond Oversight 
Committee that neither they, or, to the best of their knowledge, anyone involved in 
the  selection  process,  attempted  to  recommend  the  hiring  of  any  law  firm  by  an 
underwriter. 
(4)  If the Capital Projects and Bond Oversight Committee determines that an employee 
of the Commonwealth has, at the request of a law firm, recommended the selection 
of  an  underwriter's  counsel  relating  to  a  bond  issuance  in  an  attempt  to  exercise 
influence on the selection process, the committee shall recommend to the secretary 
of the Finance and Administration Cabinet that the firm be prohibited from serving 
as bond counsel or underwriter's counsel for a bond issuance for a period of two (2) 
years, commencing on the date of the determination. The secretary shall follow the 
recommendation  or  submit  the  reasons  for  not  following  the  recommendation  in 
writing to the committee. 
Effective:  July 15, 1994 
History:  Created 1994 Ky. Acts ch. 409, sec. 12, effective July 15, 1994.