Kentucky Statutes 6.731 – General standards of conduct — Penalties
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A legislator, by himself or through others, shall not intentionally:
(1) Use or attempt to use his influence as a member of the General Assembly in any matter which involves a substantial conflict between his personal interest and his duties in the public interest. Violation of this subsection is a Class A misdemeanor;
For details, see § 532.060 and § 532.090
(2) Use his official position or office to obtain financial gain for himself, any members of the legislator’s family, or a business associate of the legislator. Violation of this subsection is a Class D felony;
(3) Use or attempt to use his official position to secure or create privileges, exemptions, advantages, or treatment for himself or others in direct contravention of the public interest at large. Violation of this subsection is a Class A misdemeanor;
(4) Use public funds, time, or personnel for his private gain or that of another, unless the use is authorized by law. Violation of this subsection is a Class A misdemeanor;
(5) Use public funds, time, or personnel for partisan political campaign activity, unless the use is:
(a) Authorized by law; or
(b) Properly incidental to another activity required or authorized by law, such as elections to constitutional or party offices within the General Assembly. Violation of this subsection is a Class A misdemeanor;
(6) Use his official legislative stationery, or a facsimile thereof, to solicit a vote or a contribution for his or another person’s campaign for election or reelection to public office, or use the great seal of the Commonwealth on his campaign stationery or campaign literature. For purposes of this subsection, “official legislative stationery” means the stationery used by a legislator on a day-to-day basis for correspondence related to his duties as a member of the General Assembly. Violation of this subsection is ethical misconduct.
(7) While in the discharge of the duties of his office, become intoxicated by the use of spiritous, vinous, or malt liquors, or any controlled substance, as defined in KRS
218A.010. Any legislator who is unable, incompetent, or disqualified to discharge any of the duties of his office because of the use of spiritous, vinous, or malt liquors, or any controlled substance, as defined in KRS § 218A.010, shall be deemed to have violated this subsection. Violation of this subsection is ethical misconduct.
Effective: September 16, 1993
History: Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 6, effective September
16, 1993. — Amended 1988 Ky. Acts ch. 420, sec. 1, effective July 15, 1988. — Created 1976 Ky. Acts ch. 262, sec. 6.
Formerly codified as KRS § 6.775.
(1) Use or attempt to use his influence as a member of the General Assembly in any matter which involves a substantial conflict between his personal interest and his duties in the public interest. Violation of this subsection is a Class A misdemeanor;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 6.731
- public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(2) Use his official position or office to obtain financial gain for himself, any members of the legislator’s family, or a business associate of the legislator. Violation of this subsection is a Class D felony;
(3) Use or attempt to use his official position to secure or create privileges, exemptions, advantages, or treatment for himself or others in direct contravention of the public interest at large. Violation of this subsection is a Class A misdemeanor;
(4) Use public funds, time, or personnel for his private gain or that of another, unless the use is authorized by law. Violation of this subsection is a Class A misdemeanor;
(5) Use public funds, time, or personnel for partisan political campaign activity, unless the use is:
(a) Authorized by law; or
(b) Properly incidental to another activity required or authorized by law, such as elections to constitutional or party offices within the General Assembly. Violation of this subsection is a Class A misdemeanor;
(6) Use his official legislative stationery, or a facsimile thereof, to solicit a vote or a contribution for his or another person’s campaign for election or reelection to public office, or use the great seal of the Commonwealth on his campaign stationery or campaign literature. For purposes of this subsection, “official legislative stationery” means the stationery used by a legislator on a day-to-day basis for correspondence related to his duties as a member of the General Assembly. Violation of this subsection is ethical misconduct.
(7) While in the discharge of the duties of his office, become intoxicated by the use of spiritous, vinous, or malt liquors, or any controlled substance, as defined in KRS
218A.010. Any legislator who is unable, incompetent, or disqualified to discharge any of the duties of his office because of the use of spiritous, vinous, or malt liquors, or any controlled substance, as defined in KRS § 218A.010, shall be deemed to have violated this subsection. Violation of this subsection is ethical misconduct.
Effective: September 16, 1993
History: Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 6, effective September
16, 1993. — Amended 1988 Ky. Acts ch. 420, sec. 1, effective July 15, 1988. — Created 1976 Ky. Acts ch. 262, sec. 6.
Formerly codified as KRS § 6.775.