KRS 6.744: Prohibitions against influencing state agency and appearing as a paid expert

witness before state agency -- Restriction of representation of clients before

state agency or in court -- Penalties.

(1) A legislator, by himself or through others, shall not use or attempt to use any means

to influence a state agency in direct contravention of the public interest at large.

(a) Absent an express threat of legislative reprisal, nothing in this subsection shall

prevent a legislator from contacting a stat e agency on behalf of a person or

constituent, to make a legislative inquiry, or to obtain information relating to a

person or constituent who has requested legislative assistance and given

written or verbal consent for a member to make an inquiry on his o r her

behalf.

(b) Violation of this subsection is ethical misconduct.

(2) A legislator shall not, for compensation, appear before a state agency as an expert

witness. A violation of this subsection is ethical misconduct.

(3) A legislator who is properly li censed may, for compensation, represent a client

before a state agency in:

(a) A ministerial function which does not require discretion on the part of the

agency, including but not limited to:

1. Filing corporation charters, reports, and other papers;

2. Filing tax returns;

3. Filing reports required by a state agency; and

4. Filing an application to participate in a state or state -administered

federal program, generally available to similar classes of persons or

business entities;

(b) An adversarial proceeding and negotiations related thereto;

(c) Workers' compensation and special fund proceedings;

(d) Unemployment compensation proceedings; and

(e) All other matters, unless the representation is prohibited by subsections (5) to

(7) of this section or the code of professional conduct observed by the

profession being practiced.

(4) A legislator who is properly licensed may, for compensation, represent a client

before a court or trial commissioner in any proceeding not prohibited by the

Kentucky Rules of Professional Conduct or by subsections (5) to (7) of this section.

(5) Other t han for a ministerial function provided for under subsection (3) of this

section, even though properly licensed, a legislator shall not, for compensation,

represent or engage in negotiations on behalf of a client before or with a state

agency in proceedings related to the following matters:

(a) Contracting for the purchase, sale, rental, or lease of real property, goods, or

services from a state agency;

(b) Any proceeding relating to ratemaking;

(c) Adoption, amendment, or repeal of any administrative regulation;

(d) Obtaining grants of money or loans;

(e) Licensing or permitting, however, a legislator may represent a client in a

ministerial function regarding licensing and permitting, adversarial matters

related to a previously issued license or permit, or matters related to driver

licensing; or

(f) Any proceeding before the Public Service Commission.

(6) A legislator who is licensed in any profession shall not, for compensation, represent

the Commonwealth or any state agency.

(7) A legislator who is an attorney shall not for compensation maintain an action for the

purpose of receiving money damages against the Commonwealth in which the

Commonwealth is the principal defendant or against a state agency in which the

agency is the principal defendant. This subsection shall not apply to:

(a) An appeal of an action by the state against the client;

(b) Cases before the Workers' Compensation Board, including cases in which the

special fund is a party; and

(c) Unemployment compensation cases.

(8) A legislator who is p roperly licensed who has a partner who is also properly

licensed and whose partner practices cases which the legislator is precluded from

handling under the provisions of this section shall report to the commission in the

report required under KRS 6.787, t he names of the agencies before which the

partners practiced and the names of the clients represented by the partners.

(9) A legislator shall not receive or enter into any express or implied agreement to

receive compensation for services to be rendered in relation to any case,

proceeding, application, or other matter before any state agency, in which his

compensation is to be dependent or contingent upon any action by the agency.

Violation of this subsection is ethical misconduct.

(10) If a legislator consi ders entering into an agreement for compensation for

representing any person in any transaction involving the state, he shall consider the

following factors:

(a) Whether the matter is being brought to him in an attempt to obtain improper

influence over the state agency;

(b) Whether there is a reasonable possibility that the action of the state agency

will be unduly influenced because of his participation; or

(c) The effect of his participation on public confidence in the integrity of the

Legislature.