(1) For purposes of applying the contribution
limits contained in
KRS 121.150, permanent committees shall be considered
affiliated committees if they are established, financed, maintained, or
controlled by or in common control with:
(a)
A single corporation or its subsidiaries;
(b) A single national or international union
or its state and local unions or subordinate organizations; and
(c) A membership organization, other than a
political party committee, including a trade or professional association or
group.
(2) The registry
may examine the relationship between organizations that sponsor committees,
between the committees themselves, or between one (1) sponsoring organization
and a committee established by another organization to determine whether the
committees are affiliated. In determining whether committees not otherwise
covered by this administrative regulation are affiliated for purposes of
contribution limitations, the registry may consider the circumstantial factors
described in this subsection in the context of the overall relationship between
the entities. Such factors include, but shall not be limited to:
(a) Whether a sponsoring organization of one
(1) committee owns a controlling interest in the voting stock or securities of
the sponsoring organization of another committee;
(b) Whether a sponsoring organization or
committee has the authority or ability to direct or participate in the
governance of another sponsoring organization or committee through provisions
of constitutions, bylaws, contracts, or other rules, or through formal or
informal practices or procedures;
(c) Whether a sponsoring organization or
committee has the authority or ability to hire, appoint, demote, or otherwise
control the officers or other decision-making employees or members of another
sponsoring organization or committee;
(d) Whether a sponsoring organization or
committee has a common or overlapping membership or common contributors with
another sponsoring organization or committee which indicates a formal or
ongoing relationship between the sponsoring organizations or
committees;
(e) Whether a
sponsoring organization or committee has any members, officers, or employees
who were members, officers, or employees of another sponsoring organization or
committee which indicates the creation of an alter ego of the original
committee; and
(f) Whether a
sponsoring organization or committee provides funds or goods in a significant
amount or on an ongoing basis to another sponsoring organization or committee,
such as through direct or indirect payments for administrative, fundraising, or
other costs.
