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.

Counsel for the Kentucky Legislative Ethics Commission John Schaaf testified before the Pennsylvania Senate State Government Committee on Kentucky’s strict ethics laws. Pennsylvania has one of the most lax ethics laws in the country, permitting officials to receive gifts in any amount, while Kentucky recently made its own strict law even more stringent by prohibiting all lobbyist gifts. Pennsylvania’s ethics laws have been under scrutiny after the recent allegations of legislators accepting cash payments from a lobbyist as part of a sting operation.

Schaaf testified about prior changes to Kentucky’s law enacted in a special session in 1993, in response to several legislators charged with ethics violations by the FBI. Schaaf stressed the importance of getting a law on the books; once enacted, it is difficult to change.

However, Kentucky’s ethics law only covers legislators and legislative candidates, and Pennsylvania Senator Lloyd Smucker, sponsor of a bill banning cash gifts, said broadening such a ban to other government employees makes the legislation more complex and may make it difficult to win support. Still, Pennsylvania’s lawmakers were interested in Kentucky’s approach to ethics, particularly the idea of an independent ethics commission available to answer questions from lawmakers and lobbyists.

Nearing the end of its 2014 session, the Kentucky General Assembly passed significant ethics legislation containing recommendations the Legislative Ethics Commission has requested for years. House Bill 28 prohibits employers of legislative lobbyists and permanent committees from making campaign contributions to legislators and candidates for the General Assembly during a regular legislative session. Employers of legislative lobbyists must disclose on their expenditure reports the cost of advertising supporting or opposing legislation during a session of the General Assembly.

The bill also includes the “no cup of coffee rule,” eliminating the exception previously allowing legislative lobbyists to spend up to $100 on food and beverage for a legislator, extends the gift prohibition to legislative candidates, and prohibits legislative lobbyists and their employers from providing out-of-state transportation or lodging for legislators.

The bill awaits signature by Gov. Beshear.

Kentucky could see updates to its legislative ethics code this session.

House Bill 3 would amend the state ethics code to include recommendations of the Legislative Ethics Commission, including:

• Establishing a “no cup of coffee” rule for gifts from lobbyists and employers to legislators;
• Creating a prohibition on lobbyists and employers paying for out-of-state travel for legislators;
• Including employers of legislative and executive branch lobbyists in the prohibition on campaign contributions during a regular legislative session;
• Requiring the reporting of advertising costs for advertising supporting or opposing legislation; and
• Including legislative candidates in the lobbyist gift prohibition.

The Legislative Ethics Commission has included those recommendations for a number of years in its report to the Legislative Research Commission. The existing ethics law was enacted in 1993.

The Legislative Research Commission (LRC) will conduct an optional lobbyist workshop on Wednesday, January 8, 2014.

Legislative leaders and LRC employees will provide information about the legislative process, bill tracking, and ethics requirements.

The workshop will begin at 9:00 a.m. and will be held in Room 149 of the Capitol Annex in Frankfort.

Governor Steve Beshear has called two special elections for December 10, 2013. The elections will be in the 7th House District and the 13th Senate District.

The 7th District vacancy occurred after Rep. John Arnold resigned his seat in September following sexual harassment allegations from three Legislative Research Commission employees. The Legislative Ethics Commission recently determined there was probable cause Rep. Arnold violated the code of ethics and will hold a full hearing on the sexual harassment complaints on December 12.

The 13th Senate District vacancy occurred following Sen. Kathy Stein’s circuit judge appointment.

The Kentucky Legislature adjourned its special session on Friday, August 23, 2013, after passing a new redistricting plan.

Governor Beshear quickly signed the bill after its passage.