Last week, Gov. Matt Bevin signed a revenue bill including changes for executive agency lobbyists. House Bill 80 contains a provision increasing the registration fee for lobbying executive agencies from $125 to $500 beginning July 1, 2016 through June 30, 2018.

The change was included in a last-minute amendment by the Senate on the final day of the legislative session. The Executive Branch Ethics Commission had been pushing hard during the closing days of the session to increase the fee, fearing a budget short-fall would result in cuts to the Commission’s staff.

A bill to double contribution limits died in the Senate as the 2016 legislative session came to a close. The session adjourned Friday, April 15, 2016. House Bill 147 would have raised contribution limits to $2,000 to state candidates and $5,000 to political parties.

The State and Local Government Committee passed an amended version of the bill but the full Senate declined to act on it because of constitutionality concerns. Litigation is currently making its way through federal court to declare Kentucky’s contribution limits unconstitutional.

Lawmakers were successful, however, in passing a budget compromise but, because the session has ended, will not be able to override any items vetoed by the governor.

Just days after Gov. Matt Bevin vetoed a bill to raise the executive agency lobbyist registration fee, proponents of the increase will have another bite at the apple. Lawmakers came to an agreement on the state budget in the earlier hours of Thursday morning and included a provision allowing the Executive Branch Ethics Commission to increase the fee, currently set at $125. The bill does not provide an amount for the increase.

The budget will be voted on tomorrow, April 15, the final day of the legislative session. Gov. Bevin will then have the final say as lawmakers will not have the opportunity to override any line-item vetoes.

Gov. Matt Bevin has vetoed a bill to increase the executive branch lobbyist registration fee. House Bill 423, a state revenue bill, would have increased the fee from $125 to $275.

Katie Gabhart, executive director of the Executive Branch Ethics Commission, said the increase was necessary to avoid cutting its staff. The agency now faces a $40,000 budget deficit and, after lean years during the previous administration, Gabhart said there is nothing left to cut besides salaries.

Photo of Gov. Matt Bevin by Gage Skidmore on Wikimedia Commons.

Lawmakers have agreed to push the final day of the 2016 legislative session from April 12 to April 15 so they can continue working out a deal on the state’s budget. The change was made to avoid a costly special session after negotiations failed Sunday evening.

The General Assembly is only permitted to convene one more day this year and must adjourn by April 15 at midnight. Leadership from both houses will continue closed-door negotiations, hoping to have an agreement ready for a vote on Friday.

The Kentucky Registry of Election Finance (KREF) cannot enforce the state’s constitutional prohibition on corporate contributions, according to a federal judge. U.S. District Judge Gregory F. Van Tatenhove concluded the rule to be a violation of the Equal Protection Clause because it prohibits corporate contributions while allowing other organizations, such as labor unions, to make contributions.

The case, Protect My Check, Inc. v. Dilger, grew out of right-to-work legislation. Labor unions who opposed the bill were allowed to make political contributions while a non-profit corporation, in favor of the measure, were not. The judge, however, rejected a First Amendment, free speech argument for allowing political contributions.

KREF stated it is still reviewing the opinion and is weighing its options.

A bill permitting the Executive Branch Ethics Commission to regulate the lobbyist registration fee has passed in committee. The State Government Committee approved House Bill 608, paving the way towards allowing the commission to set the amount executive branch lobbyists must pay each year to register, rather than follow the statutorily mandated $125.

The bill also requires executive branch officials and employees to report suspected violations of the code of ethics to the commission.

Proponents of the bill argue any increase in the fee would simply help cover the costs of investigating and prosecuting violations. The bill now heads to the full house for consideration.

State Republicans are celebrating a victory today following a successful gubernatorial election. Matt Bevin, a Louisville businessman and favorite among Tea Party members, was elected governor, defeating Democrat and current Attorney General Jack Conway. This is an unusual change in a state where Democrats have held the governor’s office for all but four of the last 44 years.

Additionally, by capitalizing on the overwhelming unpopularity of President Obama within the state, Republicans will go from holding just one statewide office to four.

Kentucky is the last southern state where Democrats hold a chamber of the legislature, but without the support of the governor, the state’s House is likely to fall as well.

Lobbyists and legislators may be violating new ethics laws according to the Kentucky Legislative Ethics Commission. An advisory opinion recently published by the commission addresses the practice of lawmakers giving fundraising appeals to lobbyists who likely pass them on to their employers. These appeals typically include dollar amounts for attending the fundraiser.

Legislation passed last year prohibits lobbyists from directly soliciting contributions for legislators or legislative candidates. This practice, the opinion concludes, likely constitutes a direct solicitation of a contribution.

The commission is not conducting any investigations on this matter as there has not yet been a formal complaint.

State Sen. John Schickel filed a federal lawsuit against the Kentucky Registry of Election Finance and the Legislative Ethics Board aimed at eliminating the state’s campaign contribution limits. The suit claims the $1,000 limit to individual candidates and the ban on corporate contributions are violations of free speech.

The suit also asks the court to strike down ethics rules prohibiting lobbyists from making contributions, prohibiting employers of lobbyists from making contributions while the Legislature is in session, and banning gifts from lobbyists to legislators.

Kentucky House candidate David Watson and Pendleton County judge candidate Ken Moellman Jr. have joined the suit. The state agencies have until October 6 to respond.

John Steffen, executive director of the Executive Branch Ethics Commission, is stepping down to become the director of the Registry of Election Finance.

Steffen will replace Sarah Jackson who retired last fall.

The transition will take place in May and the ethics commission will meet May 4 to determine who will replace Steffen.

Anthony Wilhoit, Executive Director of the Kentucky Legislative Ethics Commission, announced he will retire from the post this spring. Wilhoit, who has held the position since 1997, will step down once the nine-member independent commission selects a new director.

In his announcement, the former Court of Appeals judge stated it is time for new leadership at the commission and he wants to take on new community matters in Woodford County.

The executive director of the Kentucky Registry of Election Finance is stepping down. Sarah Jackson, who has held the position since 1999, announced her retirement effective November 1.

During her tenure, Jackson expanded the state’s electronic campaign finance reporting program and established an online searchable database.

Rebecca Feland, a budget analyst with the Registry, has been named the interim director.

New restrictions on legislative lobbying expenditures take effect Monday, July 14, 2014. House Bill 28 includes a “no cup of coffee rule” to eliminate the gift exception allowing legislative lobbyists to spend $100 on food and beverage for a legislator.

Legislative lobbyists and their employers are now also prohibited from providing out-of-state transportation or lodging for legislators.

Employers of legislative lobbyists are prohibited from making campaign contributions during a regular legislative session and required to disclose the cost of advertising supporting or opposing legislation.