11A.010 Definitions for chapter.
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11A.010 Definitions for chapter.
As used in this chapter, unless the context otherwise requires: <br>(1) "Business" means any corporation, limited liability corporation, partnership, limited
liability partnership, sole proprietorship, firm, enterprise, franchise, association, <br>organization, self-employed individual, holding company, joint stock company, <br>receivership, trust, or any legal entity through which business is conducted for <br>profit;
(2) "Commission" means the Executive Branch Ethics Commission; <br>(3) "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 <br>himself or another;
(4) "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, <br>sister, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-<br>in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, <br>stepbrother, stepsister, half brother, half sister;
(5) "Gift" means a payment, loan, subscription, advance, deposit of money, services, or
anything of value, unless consideration of equal or greater value is received; "gift" <br>does not include gifts from family members, campaign contributions, or door prizes <br>available to the public;
(6) "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, <br>forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other <br>form of compensation or any combination thereof;
(7) "Officer" means all major management personnel in the executive branch of state
government, including the secretary of the cabinet, the Governor's chief executive <br>officers, cabinet secretaries, deputy cabinet secretaries, general counsels, <br>commissioners, deputy commissioners, executive directors, principal assistants, <br>division directors, members and full-time chief administrative officers of the Parole <br>Board, Board of Tax Appeals, Board of Claims, Kentucky Retirement Systems <br>board of trustees, Public Service Commission, Worker's Compensation Board and <br>its administrative law judges, the Kentucky Occupational Safety and Health Review <br>Commission, the Kentucky Board of Education, the Council on Postsecondary <br>Education, and any person who holds a personal service contract to perform on a <br>full-time basis for a period of time not less than six (6) months a function of any <br>position listed in this subsection;
(8) "Official duty" means any responsibility imposed on a public servant by virtue of
his position in the state service;
(9) "Public servant" means:
(a) The Governor; <br>(b) The Lieutenant Governor; <br>(c) The Secretary of State;
(d) The Attorney General; <br>(e) The Treasurer; <br>(f) The Commissioner of Agriculture; <br>(g) The Auditor of Public Accounts; and <br>(h) All employees in the executive branch including officers as defined in
subsection (7) of this section and merit employees;
(10) "Agency" means every state office, cabinet, department, board, commission, public
corporation, or authority in the executive branch of state government. A public <br>servant is employed by the agency by which his appointing authority is employed, <br>unless his agency is attached to the appointing authority's agency for administrative <br>purposes only, or unless the agency's characteristics are of a separate independent <br>nature distinct from the appointing authority and it is considered an agency on its <br>own, such as an independent department;
(11) "Lobbyist" means any person employed as a legislative agent as defined in KRS
6.611(22) or any person employed as an executive agency lobbyist as defined in <br>KRS 11A.201(8);
(12) "Lobbyist's principal" means the entity in whose behalf the lobbyist promotes,
opposes, or acts;
(13) "Candidate" means those persons who have officially filed candidacy papers or who
have been nominated by their political party pursuant to KRS 118.105, 118.115, <br>118.325, or 118.760 for any of the offices enumerated in subsections (9)(a) to (g) of <br>this section;
(14) "Does business with" or "doing business with" means contracting, entering into an
agreement, leasing, or otherwise exchanging services or goods with a state agency <br>in return for payment by the state, including accepting a grant, but not including <br>accepting a state entitlement fund disbursement;
(15) "Public agency" means any governmental entity; <br>(16) "Appointing authority" means the agency head or any person whom he has
authorized by law to act on behalf of the agency with respect to employee <br>appointments;
(17) "Represent" means to attend an agency proceeding, write a letter, or communicate
with an employee of an agency on behalf of someone else;
(18) "Directly involved" means to work on personally or to supervise someone who
works on personally; and
(19) "Sporting event" means any professional or amateur sport, athletic game, contest,
event, or race involving machines, persons, or animals, for which admission tickets <br>are offered for sale and that is viewed by the public.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 123, sec. 7, effective June 20, 2005. -- Amended
2003 Ky. Acts ch. 29, sec. 3, effective June 24, 2003. -- Amended 2000 Ky. Acts <br>ch. 417, sec. 3, effective December 1, 2000; ch. 475, sec. 1, effective July 14, 2000; <br>and ch. 542, sec. 5, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 429, <br>sec. 1, effective July 15, 1998; ch. 431, sec. 2, effective July 15, 1998; and ch. 602,
sec. 1, effective July 15, 1998. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, <br>sec. 149, effective May 30, 1997. -- Amended 1996 Ky. Acts ch. 362, sec. 6, <br>effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 406, sec. 7, effective July 15, <br>1994. -- Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 71, effective <br>September 16, 1993. -- Created 1992 Ky. Acts ch. 287, sec. 3, effective July 14, <br>1992.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to <br>agencies and officers whose names have been changed in 2005 legislation confirming <br>the reorganization of the executive branch. Such a correction has been made in this <br>section.
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 <br>of the Commonwealth having ratified at the general election on November 7, 2000, a <br>constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad <br>Commission.
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