Kentucky Statutes 11A.045 – Acceptance of gifts by public servants permitted under certain circumstances
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(1) No public servant, his spouse, or dependent child knowingly shall accept any gifts or gratuities, including travel expenses, meals, alcoholic beverages, and honoraria, totaling a value greater than twenty-five dollars ($25) in a single calendar year from any person or business that does business with, is regulated by, is seeking grants from, is involved in litigation against, or is lobbying or attempting to influence the actions of the agency in which the public servant is employed or which he supervises, or from any group or association which has as its primary purpose the representation of those persons or businesses. Nothing contained in this subsection shall prohibit the commission from authorizing exceptions to this subsection where such exemption would not create an appearance of impropriety. This subsection shall not apply to:
(a) Activities involving sponsorships, naming rights, or similar honoraria granted under KRS § 45A.097; or
(b) Individuals traveling on their own while involved in activities related to
KRS § 45A.097.
(2) Nothing in KRS Chapter 11A shall prohibit or restrict the allocation of or acceptance by a public servant of a ticket for admission to a sporting event if the ticket or admission is paid for by the public servant at face value or is paid for at face value by the individual to whom the ticket is allocated.
(3) Nothing in KRS § 11A.001 to KRS § 11A.110 shall prohibit or restrict the acceptance by a public servant of the Cabinet for Economic Development or by any other public servant working directly with the cabinet on an economic incentive package of anything of economic value as a gift or gratuity, if the gift or gratuity:
(a) Was not solicited by the public servant;
(b) Was accepted by the public servant in the performance of his or her official duties and in compliance with guidelines to be established by the Kentucky Economic Development Partnership which shall include requirements that all gifts or gratuities of a reportable value under KRS
11A.050(3)(k) be registered with the Kentucky Economic Development Partnership and with the Executive Branch Ethics Commission and that all tangible property with a value in excess of twenty-five dollars ($25), other than food and beverages consumed on the premises, shall be turned over to the Cabinet for Economic Development within thirty (30) days of receipt. In filing reports of gifts or gratuities with the Executive Branch Ethics Commission, the Cabinet for Economic Development may delete information identifying the donors if the cabinet believes identification of the donors would damage economic development; and
(c) Was not accepted under circumstances which would create a violation of
KRS Chapter 521.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 175, sec. 4, effective June 29, 2017. — Amended 2000 Ky. Acts ch. 475, sec. 3, effective July 14, 2000; and ch. 542, sec. 6, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 431, sec. 1, effective July 15, 1998. — Created 1994 Ky. Acts ch. 450, sec. 36, effective July
15, 1994.
(a) Activities involving sponsorships, naming rights, or similar honoraria granted under KRS § 45A.097; or
Terms Used In Kentucky Statutes 11A.045
- 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
- 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
- Commission: means the Executive Branch Ethics Commission. See Kentucky Statutes 11A.010
- Dependent: A person dependent for support upon another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Gift: means a payment, loan, subscription, advance, deposit of money, services, or anything of value, unless consideration of equal or greater value is received. See Kentucky Statutes 11A.010
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- 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
- Sporting event: means any professional or amateur sport, athletic game, contest, event, or race involving machines, persons, or animals, for which admission tickets are offered for sale and that is viewed by the public. See Kentucky Statutes 11A.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Individuals traveling on their own while involved in activities related to
KRS § 45A.097.
(2) Nothing in KRS Chapter 11A shall prohibit or restrict the allocation of or acceptance by a public servant of a ticket for admission to a sporting event if the ticket or admission is paid for by the public servant at face value or is paid for at face value by the individual to whom the ticket is allocated.
(3) Nothing in KRS § 11A.001 to KRS § 11A.110 shall prohibit or restrict the acceptance by a public servant of the Cabinet for Economic Development or by any other public servant working directly with the cabinet on an economic incentive package of anything of economic value as a gift or gratuity, if the gift or gratuity:
(a) Was not solicited by the public servant;
(b) Was accepted by the public servant in the performance of his or her official duties and in compliance with guidelines to be established by the Kentucky Economic Development Partnership which shall include requirements that all gifts or gratuities of a reportable value under KRS
11A.050(3)(k) be registered with the Kentucky Economic Development Partnership and with the Executive Branch Ethics Commission and that all tangible property with a value in excess of twenty-five dollars ($25), other than food and beverages consumed on the premises, shall be turned over to the Cabinet for Economic Development within thirty (30) days of receipt. In filing reports of gifts or gratuities with the Executive Branch Ethics Commission, the Cabinet for Economic Development may delete information identifying the donors if the cabinet believes identification of the donors would damage economic development; and
(c) Was not accepted under circumstances which would create a violation of
KRS Chapter 521.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 175, sec. 4, effective June 29, 2017. — Amended 2000 Ky. Acts ch. 475, sec. 3, effective July 14, 2000; and ch. 542, sec. 6, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 431, sec. 1, effective July 15, 1998. — Created 1994 Ky. Acts ch. 450, sec. 36, effective July
15, 1994.