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

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 inf luence 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.