2014 Kentucky Revised Statutes
CHAPTER 367 - CONSUMER PROTECTION
367.4917 Penalties -- Payment and apportionment of fines.
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<![CDATA[367.4917 Penalties -- Payment and apportionment of fines.
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An excavator who fails to comply with any provision of KRS 367.4911, or an
operator who fails to comply with any provision of KRS 367.4909, shall be
guilty of endangering underground facilities and may be subject to a fine of two
hundred and fifty dollars ($250) for the first offense, no more than one
thousand dollars ($1,000) for the second offense within one (1) year, and no
more than three thousand dollars ($3,000) for the third and any subsequent
offense.
A protection notification center that fails to comply with any provision of KRS
367.4913 shall be subject to a fine of one thousand dollars ($1,000) for each
offense.
A person that knowingly provides false notice to a utility notification center of
an emergency as defined in KRS 367.4903 shall be subject to a fine of one
thousand dollars ($1,000) for each offense.
Any person who violates any provision of the Underground Facility Damage
Prevention Act of 1994, KRS 367.4901 to 367.4917, that involves damage to a
facility containing any flammable, toxic, corrosive, or hazardous material or
results in the release of any flammable, toxic, corrosive, or hazardous material
shall be subject to a fine not to exceed one thousand dollars ($1,000) for each
offense. The penalties of this subsection are not in conflict with and are in
addition to civil damages for personal injury or property damage.
(a) All fines recovered for a violation of this section shall be paid to the
general fund of the state, county, city, or fire protection agency which
issued the citation.
(b) In the event that more than one (1) government agency was involved, the
court shall direct an apportionment of the fines.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 100, sec. 5, effective July 15, 2014; and ch.
116, sec. 1, effective July 15, 2014. -- Amended 2012 Ky. Acts ch. 137, sec. 7,
effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 180, sec. 5, effective July
15, 2008. -- Amended 2000 Ky. Acts ch. 222, sec. 6, effective July 14, 2000. -Created 1994 Ky. Acts ch. 425, sec. 9, effective January 1, 1995.
Legislative Research Commission Note (7/15/2014). This statute was amended
by 2014 Ky. Acts chs. 100 and 116. Where these Acts are not in conflict, they
have been codified together. Where a conflict exists, Acts ch. 116, which was
last enacted by the General Assembly, prevails under KRS 446.250.
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