Kentucky Statutes 11A.050 – Financial disclosure by officers, candidates, and public servants
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(1) Each officer, each public servant listed in KRS § 11A.010(9)(a) to (g), and each candidate shall file a statement of financial disclosure with the commission, as follows:
(a) Each officer shall file the statement within thirty (30) days of employment as an officer, and each officer who occupies his or her position during any portion of a calendar year shall file the statement for that portion of the calendar year he or she occupied the position on or before April 15 of the following year, whether or not he or she remains an officer;
(b) Each public servant listed in KRS § 11A.010(9)(a) to (g) who occupies his or her position during any portion of a calendar year shall file the statement for that portion of the calendar year he or she occupied the position on or before April 15 of the following year, whether or not he or she remains a public servant as listed in KRS § 11A.010(9)(a) to (g);
(c) Each officer and public servant listed in KRS § 11A.010(9)(a) to (g) who does not remain an officer or public servant listed in KRS § 11A.010(9)(a) to (g) for the entire calendar year shall file the statement for the portion of the calendar year that the person served as an officer or public servant listed in KRS
11A.010(9)(a) to (g). The statement shall be filed with the commission within thirty (30) days after the date the person no longer serves as an officer or public servant listed in KRS § 11A.010(9)(a) to (g);
(d) A candidate shall file the statement reflecting the previous calendar year with the commission no later than February 15; and
(e) Each candidate elected to serve as a public servant in a position listed in KRS
11A.010(9)(a) to (g) shall, within ten (10) days of taking the oath of office for the position to which he or she was elected, file a statement of financial disclosure with the commission for the calendar year in which the election was held.
(2) The statement of financial disclosure shall be filed on a form prescribed by the commission. The commission shall provide copies of the form upon request without charge.
(3) The statement shall include the following information for the preceding calendar year:
(a) Name and entire residential and business address of filer; (b) Title of position or office whereby filing is required;
(c) Any other occupations of filer and spouse;
(d) Positions held by the filer or his or her spouse in any business, and the name and address of the business;
(e) Name and address of any employer by whom the filer was employed for the one (1) year period immediately prior to becoming an officer, not including those listed in paragraph (d) of this subsection;
(f) Names and addresses of all businesses in which the filer, his or her spouse, or
dependent children has or had an interest of ten thousand dollars ($10,000) at fair market value or five percent (5%) ownership interest or more;
(g) The name and address of any source of gross income exceeding one thousand dollars ($1,000) from any one (1) source to the filer, his or her spouse, or dependent child, as well as information concerning the nature of the business, and the form of the income;
(h) Any representation or intervention for compensation by the filer or his or her spouse for any person or business before a state agency for which the filer works or supervises or before any entity of state government for which the filer would serve in a decision-making capacity, including the name and address of the person or business;
(i) All positions of a fiduciary nature held by the filer or his or her spouse in a business, including the name and address of the business;
(j) Information, including a street address or location, regarding any real property in which there is an interest of ten thousand dollars ($10,000) or more held by the filer, his or her spouse, or dependent children;
(k) Sources, including each source’s name and address, of gifts of money or property with a retail value of more than two hundred dollars ($200) from any one (1) source to the filer, his or her spouse, or dependent children, except those from a member of the filer’s family;
(l) Identity, including an address, of creditors owed more than ten thousand dollars ($10,000), except debts arising from the purchase of consumer goods; and
(m) Names and addresses of family members of the filer or persons with whom the filer was engaged in a business who are registered as legislative agents under KRS § 6.807 or executive agency lobbyists under KRS § 11A.211.
Paragraphs (a) to (m) of this subsection shall not require disclosure of specific dollar amounts or of privileged information.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 129, sec. 2, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 74, sec. 2, effective June 27, 2019. — Amended 2000 Ky. Acts ch.
417, sec. 5, effective December 1, 2000; and ch. 475, sec. 4, effective July 14, 2000.
— Amended 1998 Ky. Acts ch. 429, sec. 3, effective July 15, 1998. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 72, effective September 16, 1993. — Created
1992 Ky. Acts ch. 287, sec. 7, effective July 14, 1992.
Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.
Legislative Research Commission Note (7/15/98). A reference to “KRS § 11A.010(9)(a)
to (i)” in subsection (1) of this statute has been changed in codification to “KRS
11A.010(9)(a) to (h)” under KRS § 7.136(1)(e) and (h). 1998 Ky. Acts ch. 429, sec. 1, eliminated the former paragraph (g) of KRS § 11A.010(9) and renumbered the remaining subsections accordingly. Other actions within Acts Chapter 429, including
in the section that amended this statute, used the “(a) to (h)” range in new language and modified existing language to use the “(a) to (h)” range. It seems clear from context, and this has been confirmed by the drafter of the bill, that this change was intended here as well but was inadvertently overlooked.
(a) Each officer shall file the statement within thirty (30) days of employment as an officer, and each officer who occupies his or her position during any portion of a calendar year shall file the statement for that portion of the calendar year he or she occupied the position on or before April 15 of the following year, whether or not he or she remains an officer;
Terms Used In Kentucky Statutes 11A.050
- Agency: means every state office, cabinet, department, board, commission, public corporation, or authority in the executive branch of state government. See Kentucky Statutes 11A.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Business: means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity through which business is conducted, whether or not for profit. See Kentucky Statutes 11A.010
- Candidate: means those persons who have officially filed candidacy papers or who have been nominated by their political party pursuant to KRS §. See Kentucky Statutes 11A.010
- Commission: means the Executive Branch Ethics Commission. See Kentucky Statutes 11A.010
- Compensation: means any money, thing of value, or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by himself or herself or another. See Kentucky Statutes 11A.010
- Dependent: A person dependent for support upon another.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Family: means spouse and children, as well as a person who is related to a public servant as any of the following, whether by blood or adoption: parent, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister- in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister. See Kentucky Statutes 11A.010
- Fiduciary: A trustee, executor, or administrator.
- Income: means any money or thing of value received or to be received as a claim on future services, whether in the form of a fee, salary, expense allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of compensation or any combination thereof. See Kentucky Statutes 11A.010
- Oath: A promise to tell the truth.
- Officer: means :
(a) All major management personnel in the executive branch of state government, including the secretary of the cabinet, the Governor's chief executive officers, cabinet secretaries, deputy cabinet secretaries, general counsels, commissioners, deputy commissioners, executive directors, executive assistants, policy advisors, special assistants, administrative coordinators, executive advisors, staff assistants, and division directors. See Kentucky Statutes 11A.010 - Person: means an individual, proprietorship, firm, partnership, limited partnership, joint venture, joint stock company, syndicate, business or statutory trust, donative trust, estate, company, corporation, limited liability company, association, club, committee, organization, or group of persons acting in concert. See Kentucky Statutes 11A.010
- Public servant: means : (a) The Governor. See Kentucky Statutes 11A.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Each public servant listed in KRS § 11A.010(9)(a) to (g) who occupies his or her position during any portion of a calendar year shall file the statement for that portion of the calendar year he or she occupied the position on or before April 15 of the following year, whether or not he or she remains a public servant as listed in KRS § 11A.010(9)(a) to (g);
(c) Each officer and public servant listed in KRS § 11A.010(9)(a) to (g) who does not remain an officer or public servant listed in KRS § 11A.010(9)(a) to (g) for the entire calendar year shall file the statement for the portion of the calendar year that the person served as an officer or public servant listed in KRS
11A.010(9)(a) to (g). The statement shall be filed with the commission within thirty (30) days after the date the person no longer serves as an officer or public servant listed in KRS § 11A.010(9)(a) to (g);
(d) A candidate shall file the statement reflecting the previous calendar year with the commission no later than February 15; and
(e) Each candidate elected to serve as a public servant in a position listed in KRS
11A.010(9)(a) to (g) shall, within ten (10) days of taking the oath of office for the position to which he or she was elected, file a statement of financial disclosure with the commission for the calendar year in which the election was held.
(2) The statement of financial disclosure shall be filed on a form prescribed by the commission. The commission shall provide copies of the form upon request without charge.
(3) The statement shall include the following information for the preceding calendar year:
(a) Name and entire residential and business address of filer; (b) Title of position or office whereby filing is required;
(c) Any other occupations of filer and spouse;
(d) Positions held by the filer or his or her spouse in any business, and the name and address of the business;
(e) Name and address of any employer by whom the filer was employed for the one (1) year period immediately prior to becoming an officer, not including those listed in paragraph (d) of this subsection;
(f) Names and addresses of all businesses in which the filer, his or her spouse, or
dependent children has or had an interest of ten thousand dollars ($10,000) at fair market value or five percent (5%) ownership interest or more;
(g) The name and address of any source of gross income exceeding one thousand dollars ($1,000) from any one (1) source to the filer, his or her spouse, or dependent child, as well as information concerning the nature of the business, and the form of the income;
(h) Any representation or intervention for compensation by the filer or his or her spouse for any person or business before a state agency for which the filer works or supervises or before any entity of state government for which the filer would serve in a decision-making capacity, including the name and address of the person or business;
(i) All positions of a fiduciary nature held by the filer or his or her spouse in a business, including the name and address of the business;
(j) Information, including a street address or location, regarding any real property in which there is an interest of ten thousand dollars ($10,000) or more held by the filer, his or her spouse, or dependent children;
(k) Sources, including each source’s name and address, of gifts of money or property with a retail value of more than two hundred dollars ($200) from any one (1) source to the filer, his or her spouse, or dependent children, except those from a member of the filer’s family;
(l) Identity, including an address, of creditors owed more than ten thousand dollars ($10,000), except debts arising from the purchase of consumer goods; and
(m) Names and addresses of family members of the filer or persons with whom the filer was engaged in a business who are registered as legislative agents under KRS § 6.807 or executive agency lobbyists under KRS § 11A.211.
Paragraphs (a) to (m) of this subsection shall not require disclosure of specific dollar amounts or of privileged information.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 129, sec. 2, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 74, sec. 2, effective June 27, 2019. — Amended 2000 Ky. Acts ch.
417, sec. 5, effective December 1, 2000; and ch. 475, sec. 4, effective July 14, 2000.
— Amended 1998 Ky. Acts ch. 429, sec. 3, effective July 15, 1998. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 72, effective September 16, 1993. — Created
1992 Ky. Acts ch. 287, sec. 7, effective July 14, 1992.
Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission.
Legislative Research Commission Note (7/15/98). A reference to “KRS § 11A.010(9)(a)
to (i)” in subsection (1) of this statute has been changed in codification to “KRS
11A.010(9)(a) to (h)” under KRS § 7.136(1)(e) and (h). 1998 Ky. Acts ch. 429, sec. 1, eliminated the former paragraph (g) of KRS § 11A.010(9) and renumbered the remaining subsections accordingly. Other actions within Acts Chapter 429, including
in the section that amended this statute, used the “(a) to (h)” range in new language and modified existing language to use the “(a) to (h)” range. It seems clear from context, and this has been confirmed by the drafter of the bill, that this change was intended here as well but was inadvertently overlooked.