KRS § 121.990 — KY Code / Title X / Chapter 121 / Section 121.990
121.990 Penalties
Status: in_force

121.990 Penalties.

(1) Any corporation or any officer, agent, attorney, or employee of a corporation, who

knowingly violates any of the provisions of KRS 121.025, shall be fined not more

than ten thousand dollars ($10,000), and, in the case of individuals, be guilty of a

Class D felony.

(2) Any corporation that knowingly violates any of the provisions of KRS 121.035(1)

or KRS 121.310(2) shall be fined not more than ten thousand dollars ($10,000) for

each offense, and upon conviction its charter shall be forfeited or its authority to do

business revoked.

(3) Any person who knowingly violates any of the provisions of KRS 121.035(2),

121.045, 121.055, 121.150 to 121.230, 121.310(1), or 121.320 shall, for each

offense, be guilty of a Class D felony. Violations of KRS 121.150 to 121.230 shall

include, but shall not be limited to, any of the following acts or omissions:

(a) Failure to make required reports or to file reports at times specified;

(b) Making any false statement or report;

(c) Giving money under a fictitious name; or

(d) Making any communication in violation of KRS 121.190(1).

(4) The nomination for, or election to, an office of any candidate or slate of candidates

who knowingly violates any provision of KRS 121.150 to 121.220, or whose

campaign treasurer knowingly violates any provision of KRS 121.150 to 121.220,

with the knowledge of that candidate or slate of candidates, shall be void, and, upon

a final judicial determination of guilt, the office shall be declared vacant and the

officeholder shall forfeit all benefits which he would have been entitled to receive

had he continued to serve, and the office or candidacy shall be filled as provided by

law for the filling of a vacancy. An action to declare a vacancy under this

subsection may be brought by the registry, the Attorney General, any candidate or

slate of candidates for the office sought to be declared vacant, or any qualified

voter.

(5) The Attorney General, Commonwealth's attorney, the registry, or any qualified

voter may sue for injunctive relief to compel compliance with the provisions of

KRS 121.056 and KRS 121.120 to 121.230.

(6) The Commonwealth's attorney or county attorney for the county in which the

candidate or slated candidates reside shall be the chief prosecutor upon receipt of a

written request from the registry and shall prosecute any violator under this chapter.

In the event he fails or refuses to prosecute a violator, upon written request from the

registry, the Attorney General shall appoint a special prosecutor with full authority

to carry out the provisions of this section.

(7) Any officeholder who knowingly violates the provisions of KRS 121.150(12) shall,

upon a final judicial determination of guilt, have his office declared vacant and shall

forfeit all benefits which he would have been entitled to receive had he continued to

serve.

(8) Any Governor or any gubernatorial appointee who knowingly appoints, approves

the appointment, or participates in the appointing of any person to any appointive

state office or position in violation of KRS 121.056(1) shall be guilty of a Class D

felony and, upon a final judicial determination of guilt, have his office declared

vacant and shall forfeit all benefits which he would have been entitled to receive

had he continued to serve.

(9) Any person who knowingly receives an appointment to any appointive state office

or position in violation of KRS 121.056(1) shall be guilty of a Class D felony and,

upon a final judicial determination of guilt, have his office declared vacant, forfeit

all benefits which he would have been entitled to receive, and shall be ineligible to

receive an appointment to a state office or position for a period of five (5) years

from the date of a final judicial determination of guilt.

(10) Any elected or appointed state officeholder who knowingly awards or participates

in the awarding of a contract with the Commonwealth of Kentucky to a person or

entity in violation of KRS 121.056(2) shall be guilty of a Class D felony and, upon

a final judicial determination of guilt, have his office declared vacant and shall

forfeit all benefits which he would have been entitled to receive had he continued to

serve.

(11) Any person or entity who knowingly receives a contract with the Commonwealth of

Kentucky in violation of KRS 121.056(2) shall be guilty of a Class D felony. Upon

conviction, the contract shall be canceled, and the person or entity convicted shall

be ineligible to receive a contract with the Commonwealth of Kentucky for a period

of five (5) years from the date of a final judicial determination of guilt.

(12) Any person who knowingly violates any of the provisions of KRS 121.056(3) shall

be guilty of a Class D felony.

(13) Any person who knowingly fails to pay a civil penalty, assessed by the registry or a

judicial panel pursuant to KRS 121.140 for violation of campaign finance laws,

shall be disqualified from filing for public office until such penalty is paid or the

registry rules that settlement has otherwise been made.

(14) Any elected official who knowingly awards or participates in the awarding of a

nonbid contract or whose appointee knowingly awards or participates in the

awarding of a nonbid contract in violation of KRS 121.330(1) shall be guilty of a

Class D felony and, upon a final judicial determination of guilt, have his office

declared vacant and shall forfeit all benefits which he would have been entitled to

receive had he continued to serve.

(15) Any entity who knowingly receives a nonbid contract with a governing authority in

violation of KRS 121.330(2) shall be guilty of a Class D felony. Upon conviction,

the nonbid contract shall be canceled, and the entity convicted shall be ineligible to

receive a nonbid contract with a governing authority for a period of five (5) years

from the date of final judicial determination of guilt.

(16) Any elected official who knowingly awards or participates in awarding of a nonbid

contract, lease, or appointment to an office or board or whose appointee knowingly

awards or participates in the awarding of a nonbid contract, lease, or appointment to

an office or board in violation of KRS 121.330(3) shall be guilty of a Class D

felony and, upon a final judicial determination of guilt, have his office declared

vacant and shall forfeit all benefits which he would have been entitled to receive

had he continued to serve.

(17) (a) Any fundraiser who knowingly receives a nonbid contract, lease, or

appointment to an office or board or any entity in which he has an interest

who knowingly receives a nonbid contract or lease in violation of KRS

121.330(4) shall be guilty of a Class D felony;

(b) Any immediate family member, employer, or employee of a fundraiser who

knowingly receives a nonbid contract, lease, or appointment to an office or

board in violation of KRS 121.330(4) shall be guilty of a Class D felony; and

(c) Upon conviction, the nonbid contract, lease, or appointment shall be canceled,

and the person or entity convicted shall be ineligible to receive a nonbid

contract, lease, or appointment with a governing authority for a period of five

(5) years from the date of a final judicial determination of guilt.

(18) Any appointed or elected state office holder or any other person who knowingly

violates the provisions of KRS 121.120(5) shall be guilty of a Class D felony. In the

event a candidate has assumed office, upon a final judicial determination of guilt,

his office shall be declared vacant and he shall forfeit all benefits which he would

have been entitled to receive had he continued to serve.

(19) Any person who knowingly violates the provisions of KRS 121.065(1) shall be

guilty of a Class A misdemeanor.

(20) Any candidate, slate of candidates, or committee that fails to comply with requests

from the registry for records necessary to conduct audits pursuant to KRS 121.120

and 121.230 within ninety (90) days after the registry's request shall, unless the

failure is due to reasonable cause as defined in KRS 121.015(19), be fined not less

than one thousand dollars ($1,000) and no more than ten thousand dollars ($10,000)

for each full month of noncompliance. The fine shall begin on the first day of the

month beginning after the expiration of the ninety (90) days.