Kentucky Revised Statutes

Ky. Rev. Stat. § 45.990 (2026)

Penalties

✓ current as of May 2026

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(1) Any officer, agent, or employee of any budget unit who willfully fails or refuses to comply with any of the provisions of KRS 45.011 to 45.031, 45.121, 45.142, 45.151, 45.242, 45.244, 45.251, 45.253, 45.305, or 45.313, or who expends any money in violation of any of the provisions of those sections, shall be subject to prosecution in the Franklin Circuit Court, and upon conviction shall be guilty of a violation. (2) If any person incurs, or orders or votes for the incurrence of, any obligations in violation of any of the provisions of KRS 45.244, he and his sureties shall be jointly and severally liable therefor. (3) Any employee of the Office of Material and Procurement Services established within the Office of the Controller, or any official of the Commonwealth of Kentucky, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money, or other things of value, as an inducement or intended inducement in the procurement of business, or the giving of business, including, but not limited to, personal service contracts, for, or to, or from, any person, partnership, firm, or corporation, offering, bidding for, or in open market seeking to make sales to the Commonwealth of Kentucky, shall be deemed guilty of a Class C felony. (4) Every person, firm, or corporation offering to make, or pay, or give, any rebate, percentage of contract, money, or any other thing of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, including, but not limited to, personal service contracts, to any employee of the Office of Material and Procurement Services or to any official of the Commonwealth, elective or appointive, in his efforts to bid for, or offer for sale, or to seek in the open market, shall be deemed guilty of a Class C felony. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 85, sec. 68, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 5, sec. 6, effective July 14, 2000. -- Amended 1992 Ky. Acts ch. 463, sec. 6, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 496, sec. 23, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 365, sec. 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 39, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 40, sec. 3(1), (2), (3), (5), and (6), effective March 12, 1980. -- Amended 1978 Ky. Acts ch. 110, sec. 98, effective January 1, 1979. -- Repealed and reenacted 1968 Ky. Acts ch. 152, sec. 20. -- Amended 1966 Ky. Acts ch. 255, sec. 54. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1992b-31, 1992b-63.

Notes of Decisions

Cited in 8 cases, 1979–2020 · leading case: Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor, 498 S.W.3d 355 (Ky. 2016).

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Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor, 498 S.W.3d 355 (Ky. 2016). · cites it 3× “15 That statute includes an exception not applicable to this case: "with the exception of KRS 45.990 and 45A.990 having to do with penalties which shall be applicable to violations of KRS 164A.”

Commonwealth v. McClure, 593 S.W.2d 92 (Ky. Ct. App. 1979). · cites it 18× “The reviser accomplished his task as to these penalties by transferring subsections (2) through (6) to KRS 45.990. The only change the reviser effected as to KRS 42.”

Frank Lassiter v. William M. Landrum, III, Sec'y of the Fin. & Admin. Cabinet (Ky. 2020). · cites it 3× “In contrast, KRS 45.990 applies solely to officers, agents, or employees of a budget unit that willfully fail or refuse to comply with a number of listed statutes.”

Commonwealth of Kentucky Ex Rel. Andy Beshear, Attorney Gen. v. Commonwealth of Kentucky Off. of the Governor Ex Rel. Matthew Bevin in His Off. Capacity as Governor (Ky. 2016). “15 That statute includes an exception not applicable to this case: "with the exception of KRS 45.990 and 45A.990 having to do with penalties which shall be applicable to violations of KRS 164A.”

Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor (Ky. 2016). “15 That statute includes an exception not applicable to this case: "with the exception of KRS 45.990 and 45A.990 having to do with penalties which shall be applicable to violations of KRS 164A.”

Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor (Ky. 2017). “15 That statute includes an exception not applicable to this case: "with the exception of KRS 45.990 and 45A.990 having to do with penalties which shall be applicable to violations of KRS 164A.”

Commonwealth of Kentucky Ex Rel. Andy Beshear, Attorney Gen. v. Commonwealth of Kentucky Off. of the Governor Ex Rel. Matthew Bevin in His Off. Capacity as Governor (Ky. 2017). “15 That statute includes an exception not applicable to this case: "with the exception of KRS 45.990 and 45A.990 having to do with penalties which shall be applicable to violations of KRS 164A.”

— Ky. Rev. Stat. § 45.990(1) — 1 case

Frank Lassiter v. William M. Landrum, III, Sec'y of the Fin. & Admin. Cabinet (Ky. 2020). “In contrast, KRS 45.990 applies solely to officers, agents, or employees of a budget unit that willfully fail or refuse to comply with a number of listed statutes.”

— Ky. Rev. Stat. § 45.990(3) — 1 case

Commonwealth v. McClure, 593 S.W.2d 92 (Ky. Ct. App. 1979). “The reviser accomplished his task as to these penalties by transferring subsections (2) through (6) to KRS 45.990. The only change the reviser effected as to KRS 42.”

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