Kentucky Statutes 11A.990 – Penalties — Time limitation on prosecution for violation of KRS 11A.040
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(1) Any person who violates KRS § 11A.040 shall be guilty of a Class D felony. In addition:
(a) The judgment of conviction for a violation of KRS § 11A.040(2) shall recite that the offender is disqualified to hold office thereafter; and
For details, see § 532.060
(b) Any person who violates KRS § 11A.040(1) to (5) shall be judged to have forfeited any employment, or constitutional or statutory office he holds, provisions of KRS Chapter 18A to the contrary notwithstanding.
(2) Any officer, public servant, or candidate required to file a statement of financial disclosure under KRS § 11A.050 who does not file the statement by a date specified in that section shall have his salary withheld from the first day of noncompliance until he shall have completed the action required by law. The amount withheld shall be deducted from his overall pay and allowances and shall be recoverable upon the filing of the statement of financial disclosure. The commission may grant a reasonable extension of time for filing a statement of financial disclosure for good cause shown.
(3) Any person who maliciously files with the commission a false charge of misconduct on the part of any public servant or other person shall be fined not to exceed five thousand dollars ($5,000), or imprisoned in a county jail for a term not to exceed one (1) year, or both.
(4) Prosecution for violation of any provision of KRS § 11A.040 shall not be commenced after four (4) years have elapsed from the date of the violation. Any executive agency lobbyist, employer, or real party in interest who violates any provision in KRS § 11A.206 shall for the first violation be subject to a civil penalty not to exceed five thousand dollars ($5,000). For the second and each subsequent violation, he shall be guilty of a Class D felony.
(5) Any executive agency lobbyist, employer, or real party in interest who fails to file the initial registration statement or updated registration statement required by KRS
11A.211 or 11A.216, or who fails to remedy a deficiency in any filing in a timely manner, may be fined by the commission an amount not to exceed one hundred dollars ($100) per day, up to a maximum total fine of one thousand dollars ($1,000).
(6) Any executive agency lobbyist, employer, or real party in interest who intentionally fails to register, or who intentionally files an initial registration statement or updated registration statement required by KRS § 11A.211 or 11A.216 which he knows to contain false information or to omit required information shall be guilty of a Class D felony.
(7) An executive agency lobbyist, employer, or real party in interest who files a false statement of expenditures or details of a financial transaction under KRS § 11A.221 or 11A.226 is liable in a civil action to any official or employee who sustains damage as a result of the filing or publication of the statement.
(8) Violation of KRS § 11A.236 is a Class D felony.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 475, sec. 8, effective July 14, 2000. — Amended
1998 Ky. Acts ch. 602, sec. 4, effective July 15, 1998; and ch. 603, sec. 3, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 172, sec. 8, effective July 15, 1996. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 55, effective September 16,
1993. — Created 1992 Ky. Acts ch. 287, sec. 15, effective July 14, 1992.
(a) The judgment of conviction for a violation of KRS § 11A.040(2) shall recite that the offender is disqualified to hold office thereafter; and
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 |
Terms Used In Kentucky Statutes 11A.990
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Agency: means every state office, cabinet, department, board, commission, public corporation, or authority in the executive branch of state government. See Kentucky Statutes 11A.010
- Candidate: means those persons who have officially filed candidacy papers or who have been nominated by their political party pursuant to KRS §. See Kentucky Statutes 11A.010
- Commission: means the Executive Branch Ethics Commission. See Kentucky Statutes 11A.010
- Conviction: A judgement of guilt against a criminal defendant.
- Lobbyist: means any person employed as a legislative agent as defined in KRS
6. See Kentucky Statutes 11A.010 - Officer: means :
(a) All major management personnel in the executive branch of state government, including the secretary of the cabinet, the Governor's chief executive officers, cabinet secretaries, deputy cabinet secretaries, general counsels, commissioners, deputy commissioners, executive directors, executive assistants, policy advisors, special assistants, administrative coordinators, executive advisors, staff assistants, and division directors. See Kentucky Statutes 11A.010 - Person: means an individual, proprietorship, firm, partnership, limited partnership, joint venture, joint stock company, syndicate, business or statutory trust, donative trust, estate, company, corporation, limited liability company, association, club, committee, organization, or group of persons acting in concert. See Kentucky Statutes 11A.010
- Public servant: means : (a) The Governor. See Kentucky Statutes 11A.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Any person who violates KRS § 11A.040(1) to (5) shall be judged to have forfeited any employment, or constitutional or statutory office he holds, provisions of KRS Chapter 18A to the contrary notwithstanding.
(2) Any officer, public servant, or candidate required to file a statement of financial disclosure under KRS § 11A.050 who does not file the statement by a date specified in that section shall have his salary withheld from the first day of noncompliance until he shall have completed the action required by law. The amount withheld shall be deducted from his overall pay and allowances and shall be recoverable upon the filing of the statement of financial disclosure. The commission may grant a reasonable extension of time for filing a statement of financial disclosure for good cause shown.
(3) Any person who maliciously files with the commission a false charge of misconduct on the part of any public servant or other person shall be fined not to exceed five thousand dollars ($5,000), or imprisoned in a county jail for a term not to exceed one (1) year, or both.
(4) Prosecution for violation of any provision of KRS § 11A.040 shall not be commenced after four (4) years have elapsed from the date of the violation. Any executive agency lobbyist, employer, or real party in interest who violates any provision in KRS § 11A.206 shall for the first violation be subject to a civil penalty not to exceed five thousand dollars ($5,000). For the second and each subsequent violation, he shall be guilty of a Class D felony.
(5) Any executive agency lobbyist, employer, or real party in interest who fails to file the initial registration statement or updated registration statement required by KRS
11A.211 or 11A.216, or who fails to remedy a deficiency in any filing in a timely manner, may be fined by the commission an amount not to exceed one hundred dollars ($100) per day, up to a maximum total fine of one thousand dollars ($1,000).
(6) Any executive agency lobbyist, employer, or real party in interest who intentionally fails to register, or who intentionally files an initial registration statement or updated registration statement required by KRS § 11A.211 or 11A.216 which he knows to contain false information or to omit required information shall be guilty of a Class D felony.
(7) An executive agency lobbyist, employer, or real party in interest who files a false statement of expenditures or details of a financial transaction under KRS § 11A.221 or 11A.226 is liable in a civil action to any official or employee who sustains damage as a result of the filing or publication of the statement.
(8) Violation of KRS § 11A.236 is a Class D felony.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 475, sec. 8, effective July 14, 2000. — Amended
1998 Ky. Acts ch. 602, sec. 4, effective July 15, 1998; and ch. 603, sec. 3, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 172, sec. 8, effective July 15, 1996. — Amended 1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 55, effective September 16,
1993. — Created 1992 Ky. Acts ch. 287, sec. 15, effective July 14, 1992.