AN ACT relating to legislative ethics.

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AN ACT relating to legislative ethics. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 6.691 is amended to read as follows: 3
(1) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall 4
apply to all commission adjudicatory hearings. All testimony in a commission 5
adjudicatory proceeding shall be under oath. All pa rties shall have the right to call 6
and examine witnesses, to introduce exhibits, to cross -examine witnesses, to submit 7
evidence, and to be represented by counsel and any other due process rights, 8
privileges, and responsibilities of a witness appearing befo re the courts of the 9
Commonwealth of Kentucky. Before testifying, all witnesses shall be given a copy 10
of the regulations governing commission proceedings. All witnesses shall be 11
entitled to be represented by counsel. 12
(2) Any person whose name is mentioned during adjudicatory proceedings of the 13
commission and who may be adversely affected thereby may appear personally 14
before the commission on the person's own behalf, with or without attorney, to give 15
a statement in opposition to such adverse mention or file a written statement of that 16
opposition for incorporation into the record of proceeding. 17
(3) All adjudicatory proceedings of the commission carried out pursuant to the 18
provisions of this section shall be public, unless the members vote to go into 19
executive session in accordance with KRS 61.810. 20
(4) Within thirty (30) days after the end of an adjudicatory proceeding pursuant to the 21
provisions of this section, the commission shall meet in executive session for the 22
purpose of reviewing the evidence before it. W ithin thirty (30) days after 23
completion of deliberations, the commission shall publish a written report of its 24
findings and conclusions which shall be based on whether the person accused has 25
complied with the statute as written. 26
(5) No penalty provided for in this section shall be imposed except as the result of an 27
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adjudicatory proceeding held upon the filing of a complaint. Notwithstanding the 1
administrative penalties provided for in KRS 6.797, 6.807, and 6.821, the 2
commission, upon a finding pursuant to an adjudicatory proceeding that there has 3
been clear and convincing proof of a violation of this code, may: 4
(a) Issue an order requiring the violator to cease and desist the violation; 5
(b) Issue an order requiring the violator to file any report, statement, or other 6
information as required by this code; 7
(c) In writing, publicly reprimand the violator for potential violations of the law 8
and provide a copy of the reprimand to the presiding officer of the house in 9
which the alleged violator serves; 10
(d) In writing, recommend to the house in which the violator serves that the 11
violator be sanctioned as recommended by the commission, which may 12
include a recommendation for censure or expulsion; 13
(e) Issue an order requiring the violator to pay a civil penalty of not more than ten 14
thousand dollars ($10,000)[two thousand dollars ($2,000)]; or 15
(f) Revoke the registration of any legislative agent or employer for a period not 16
to exceed five (5) years. During the period of the revocation, the agent or 17
employer or any other entity which constitutes nothing more than the 18
legislative agent or employer operating under a different name or identity 19
shall not be permitted to register as a legislative agent or employer. 20
(6) The commission may refer to the Attor ney General, county attorney, or 21
Commonwealth's attorney of the appropriate jurisdiction, for prosecution evidence 22
of criminal violations of this code. The Attorney General shall have responsibility 23
for all prosecutions under the law and may request from t he commission all 24
evidence collected in its investigation. 25
(7) Findings of fact or final determinations by the commission that a violation of this 26
code has been committed, or any testimony related to the commission's findings of 27
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fact or final determination s, shall not be admissible in criminal proceedings in the 1
courts of the Commonwealth of Kentucky. Evidence collected by the commission 2
may be used in a criminal proceeding if otherwise relevant. 3
(8) Any person found by the commission to have committed a vi olation of this code 4
may appeal the action to the Franklin Circuit Court. The appeal shall be initiated 5
within thirty (30) days after the date of the final action of the commission by filing 6
a petition with the court against the commission. The commission shall transmit to 7
the clerk of the court all evidence considered by the commission at the public 8
hearing. The court shall hear the appeal upon the record as certified by the 9
commission. 10