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121.990 Penalties.
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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.
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.
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).
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.
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.
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.
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.
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
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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.
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.
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.
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.
Any person who knowingly violates any of the provisions of KRS 121.056(3) shall
be guilty of a Class D felony.
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.
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.
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.
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.
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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.
Effective: March 16, 2005
History: Amended 2005 Ky. Acts ch. 105, sec. 10, effective March 16, 2005. -Amended 1996 Ky. Acts ch. 153, sec. 9, effective July 15, 1996. -- Repealed and
reenacted by 1994 Ky. Acts. ch. 279, sec. 1, effective July 15, 1994; and amended
ch. 458, sec. 14, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 288, sec.
30, effective July 14, 1992; and ch. 463, sec. 14, effective July 14, 1992. -- Amended
1988 Ky. Acts ch. 118, sec. 3, effective 1991; and ch. 341, sec. 48, effective July 15,
1988. -- Amended 1986 Ky. Acts ch. 100, sec. 10, effective July 15, 1986; and ch.
168, sec. 2, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 292, sec. 12,
effective July 15, 1980. -- Created 1974 Ky. Acts ch. 130, secs. 195 and 196.
Legislative Research Commission Note (7/14/92). This section was amended by 1992
Ky. Acts ch. 288, sec. 30, and ch. 463, sec. 14, which appear to be in conflict. Those
changes made by ch. 463 which are purely technical to standardize penalties into
Penal Code format, are revisory in nature, and the substantive changes made by ch.
288 prevail by virtue of KRS 7.123(1). Otherwise, the changes of ch. 463 control
pursuant to KRS 446.250.
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