{"data":{"id":"us-ky/krs-11a.201","jurisdiction":"us-ky","citation":"KRS 11A.201","heading":"Definitions for KRS 11A.201 to 11A.246 and KRS 11A.990.  (Effective","body":"April 1, 2021)\nAs used in KRS 11A.201 to 11A.246 and KRS 11A.990:\n(1) \"Compensation\" means any money, thing of value, or economic benefit conferred\non, or received by, any person  in return for services rendered, or to be rendered, by\nhimself or another;\n(2) (a) \"Expenditure\" means any of the following that is made to, or for the benefit of\nan elected executive official, the secretary of a cabinet listed in KRS 12.250,\nan executive agency official, or a member of the staff of any of the officials\nlisted in this paragraph:\n1. A payment, distribution, loan, advance, deposit, reimbursement, or gift\nof money, real estate, or anything of value, including, but not limited to,\nfood and beverages, entertainment, lodging, transportation, or honoraria;\n2. A contract, promise, or agreement to make an expenditure; or\n3. The purchase, sale, or gift of services or any other thing of value.\n(b) \"Expenditure\" does not include a contribution, gift, or grant to a foundation or\nother charitable organization that is exempt from federal income taxation\nunder Section 501(c)(3) of the Internal Revenue Code. \"Expenditure\" does not\ninclude the purchase, sale, or gift of services or any other thing of value that is\navailable to the general public on the same terms as it is available to the\npersons listed in this subsection. \"Expenditure\" does not include a payment,\ncontribution, gift, purchase, or any other thing of value that is made to or on\nbehalf of any ele cted executive official, the secretary of a cabinet listed in\nKRS 12.250, an executive agency official, or any member of the staff of any\nof the officials listed in this paragraph who works for a state agency for which\nthe executive agency lobbyist is not registered to influence;\n(3) \"Employer\" means any person who engages an executive agency lobbyist;\n(4) \"Engage\" means to make any arrangement, and \"engagement\" means arrangement,\nwhereby an individual is employed or retained for compensation to act for or on\nbehalf of an employer to influence executive agency decisions or to conduct any\nexecutive agency lobbying activity;\n(5) \"Financial impact\" means to have an effect on the financial position of the employer\nof the executive agency lobbyist or the real par ty in interest whether or not the\nimpact is positive or negative;\n(6) (a) \"Financial transaction\" means a transaction or activity that is conducted or\nundertaken for profit and arises from the joint ownership, or the ownership, or\npart ownership in common of any real or personal property or any commercial\nor business enterprise of whatever form or nature between the following:\n1. An executive agency lobbyist, his or her employer, a real party in\ninterest, or a member o f the immediate family of the executive agency\nlobbyist, his or her employer, or a real party in interest; and\n2. Any elected executive official, the secretary of a cabinet listed in KRS\n12.250, an executive agency official, or any member of the staff of a ny\nof the officials listed in this subparagraph.\n(b) \"Financial transaction\" does not include any transaction or activity described\nin paragraph (a) of this subsection if it is available to the general public on the\nsame terms;\n(7) \"Executive agency\" means the office of an elected executive official, a cabinet listed\nin KRS 12.250, or any other state agency, department, board, or commission\ncontrolled or directed by an elected executive official or otherwise subject to his or\nher authority. \"Executive agenc y\" does not include any court or the General\nAssembly;\n(8) \"Executive agency decision\" means a decision of an executive agency regarding the\nexpenditure of funds of the state or of an executive agency with respect to the award\nof a contract, grant, lease, or other financial arrangement under which those funds\nare distributed or allocated. This shall also include decisions made concerning:\n(a) The parameters of requests for information, and requests for proposals, and\nother forms of solicitation in KRS Chapter 45A or 176;\n(b) Drafting, adopting, or implementing a budget provision;\n(c) Administrative regulations or rules;\n(d) An executive order; or\n(e) Legislation or amendments thereto;\n(9) (a) \"Executive agency lobbyist\" means any person engaged to influence executive\nagency decisions or to conduct executive agency lobbying activity as one (1)\nof his or her main purposes regarding a substantial issue, including\nassociations, coalitions, or public interest entities formed for the purpose of\npromoting or otherwi se influencing executive agency decisions. The term\n\"executive agency lobbyist\" shall also include placement agents and\nunregulated placement agents.\n(b) \"Executive agency lobbyist\" does not include an elected or appointed officer\nor employee of a federal or state agency, state college, state university, or\npolitical subdivision who attempts to influence or affect executive agency\ndecisions in his or her fiduciary capacity as a representative of his or her\nagency, college, university, or political subdivision;\n(10) (a) \"Executive agency lobbying activity\" means contacts made to promote,\nadvocate, or oppose the passage, modification, defeat, or executive approval\nor veto of any legislation or otherwise influence the outcome of an executive\nagency decision by direct communication with an elected executive official,\nthe secretary of any cabinet listed in KRS 12.250, any executive agency\nofficial whether in the classified service or not, or a member of the staff of any\none (1) of the officials listed in this paragraph.\n(b) \"Executive agency lobbying activity\" does not include any of the following:\n1. The action of any person having a direct interest in executive agency\ndecisions, if the person acting under Section 1 of the Kentucky\nConstitution, assembles together  with other persons for their common\ngood, petitions any person listed in paragraph (a) of this subsection for\nthe redress of grievances or other proper purposes;\n2. Contacts made for the sole purpose of gathering information contained\nin a public record;\n3. Appearances before public meetings of executive agencies;\n4. News, editorial, and advertising statements published in newspapers,\njournals, or magazines, or broadcast over radio or television;\n5. The gathering and furnishing of information and news by b ona fide\nreporters, correspondents, or news bureaus to news media described in\nsubparagraph 4. of this paragraph;\n6. Publications primarily designed for, and distributed to, members of bona\nfide associations or charitable or fraternal nonprofit corporations;\n7. Professional services in preparing executive agency decisions, preparing\narguments regarding executive agency decisions, or in advising clients\nand rendering opinions regarding proposed or pending executive agency\ndecisions, if the services are not otherwise connected to lobbying; or\n8. Public comments submitted to an executive agency during the public\ncomment period on administrative regulations or rules;\n(11) \"Executive agency official\" means an officer or employee of an executive agency\nwhose principal duties are to formulate policy or to participate directly or indirectly\nin the preparation, review, or award of contracts, grants, leases, or other financial\narrangements with an executive agency;\n(12) \"Aggrieved party\" means a party entitled to resort to a remedy;\n(13) \"Elected executive official\" means the Governor, Lieutenant Governor, Secretary of\nState, Auditor of Public Accounts, State Treasurer, Attorney General, and\nCommissioner of Agriculture;\n(14) \"Person\" means an individual, proprietorship, firm, partnership, limited partnership,\njoint venture, joint stock company, syndicate, business or statutory trust, donative\ntrust, estate, company, corporation, limited liability company, association, club,\ncommittee, organization, or group of persons acting in concert;\n(15) \"Staff\" means any employee of the office of the Governor, or a cabinet listed in\nKRS 12.250, whose official duties are to formulate policy and who exercises\nadministrative or supervisory authority, or who authori zes the expenditure of state\nfunds;\n(16) \"Real party in interest\" means the person or entity on whose behalf an executive\nagency lobbyist is acting, if that person or entity is not the employer of the executive\nagency lobbyist;\n(17) \"Substantial issue\" mea ns contacts which are intended to influence a decision that\ninvolves one or more disbursements of state funds in an amount of at least five\nthousand dollars ($5,000) per year, or any budget provision, administrative\nregulation or rule, or legislative matter that financially impacts the executive agency\nlobbyist or his or her employer;\n(18) \"Placement agent\" means an individual or firm who is compensated or hired by an\nemployer or other real party in interest for the purpose of influencing an executive\nagency decision regarding the investment of the Kentucky Retirement Systems, the\nCounty Employees Retirement System, or the Kentucky Teachers' Retirement\nSystem assets; and\n(19) \"Unregulated placement agent\" means a placement agent who is prohibited by\nfederal securities laws and regulations promulgated thereunder from receiving\ncompensation for soliciting a government agency.","path":["KRS Chapter 11A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50540","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:28Z","sha256":"45e47f7c2bbe37a9bd4a8771eb07459cd2675065681abffeae3fb04e9ec1c5a2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-11a.130","next":"us-ky/krs-11a.206"},"notice":"GroundRules: Original legal text. Not legal advice."}