121.990 Penalties.
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<![CDATA[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 <br>than ten thousand dollars ($10,000), and, in the case of individuals, be guilty of a <br>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 <br>each offense, and upon conviction its charter shall be forfeited or its authority to do <br>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 <br>offense, be guilty of a Class D felony. Violations of KRS 121.150 to 121.230 shall <br>include, but shall not be limited to, any of the following acts or omissions: <br>(a) Failure to make required reports or to file reports at times specified; <br>(b) Making any false statement or report; <br>(c) Giving money under a fictitious name; or <br>(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 <br>campaign treasurer knowingly violates any provision of KRS 121.150 to 121.220, <br>with the knowledge of that candidate or slate of candidates, shall be void, and, upon <br>a final judicial determination of guilt, the office shall be declared vacant and the <br>officeholder shall forfeit all benefits which he would have been entitled to receive <br>had he continued to serve, and the office or candidacy shall be filled as provided by <br>law for the filling of a vacancy. An action to declare a vacancy under this subsection <br>may be brought by the registry, the Attorney General, any candidate or slate of <br>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 <br>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 <br>written request from the registry and shall prosecute any violator under this chapter. <br>In the event he fails or refuses to prosecute a violator, upon written request from the <br>registry, the Attorney General shall appoint a special prosecutor with full authority <br>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 <br>forfeit all benefits which he would have been entitled to receive had he continued to <br>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 <br>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 <br>vacant and shall forfeit all benefits which he would have been entitled to receive <br>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, <br>upon a final judicial determination of guilt, have his office declared vacant, forfeit <br>all benefits which he would have been entitled to receive, and shall be ineligible to <br>receive an appointment to a state office or position for a period of five (5) years <br>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 <br>entity in violation of KRS 121.056(2) shall be guilty of a Class D felony and, upon a <br>final judicial determination of guilt, have his office declared vacant and shall forfeit <br>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 <br>conviction, the contract shall be canceled, and the person or entity convicted shall <br>be ineligible to receive a contract with the Commonwealth of Kentucky for a period <br>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, <br>shall be disqualified from filing for public office until such penalty is paid or the <br>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 <br>awarding of a nonbid contract in violation of KRS 121.330(1) shall be guilty of a <br>Class D felony and, upon a final judicial determination of guilt, have his office <br>declared vacant and shall forfeit all benefits which he would have been entitled to <br>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, <br>the nonbid contract shall be canceled, and the entity convicted shall be ineligible to <br>receive a nonbid contract with a governing authority for a period of five (5) years <br>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 <br>awards or participates in the awarding of a nonbid contract, lease, or appointment to <br>an office or board in violation of KRS 121.330(3) shall be guilty of a Class D felony <br>and, upon a final judicial determination of guilt, have his office declared vacant and <br>shall forfeit all benefits which he would have been entitled to receive had he <br>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 <br>who knowingly receives a nonbid contract or lease in violation of KRS <br>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 <br>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 <br>contract, lease, or appointment with a governing authority for a period of five <br>(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 <br>event a candidate has assumed office, upon a final judicial determination of guilt, <br>his office shall be declared vacant and he shall forfeit all benefits which he would <br>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 <br>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 <br>reenacted by 1994 Ky. Acts. ch. 279, sec. 1, effective July 15, 1994; and amended <br>ch. 458, sec. 14, effective July 15, 1994. </p>
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