Saturday, July 16, 2016

KRS 424.990 - details

 KRS 424.990 Penalties.

This is how KRS 424.990 looks in the books. Arcane.

Any person who violates any provision of KRS 424.110 to 424.370 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500). In addition, any officer who fails to comply with any of the provisions of KRS 424.220, 424.230, 424.240, 424.250, 424.290 or 424.330 shall, for each such failure, be subject to a forfeiture of not less than fifty dollars ($50) nor more than five hundred dollars ($500), in the discretion of the court, which may be recovered only once, in a civil action brought by any citizen of the city, county or district for which the officer serves. The costs of all proceedings, including a reasonable fee for the attorney of the citizen bringing the action, shall be assessed against the unsuccessful party.

This is how it looks reformatted for easy reading. Paragraph breaks and numbering added:
1. Any person who violates any provision of KRS 424.110 to 424.370 shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500). 
2. In addition, any officer who fails to comply with any of the provisions of KRS 424.220, 424.230, 424.240, 424.250, 424.290 or 424.330 shall, for each such failure, be subject to a forfeiture of not less than fifty dollars ($50) nor more than five hundred dollars ($500), in the discretion of the court,
  • which may be recovered only once, in a civil action
  • brought by any citizen of the city, county or district for which the officer serves.
  • The costs of all proceedings, including a reasonable fee for the attorney of the citizen bringing the action, shall be assessed against the unsuccessful party.
The fines imposed in paragraph 1 are clearly in the nature of criminal violations to be prosecuted by the County Attorney in the name of the Commonwealth, with all that implies, with exclusive jurisdiction in the District Court.  The fines are imposed for violations of any part of KRS Chapter 424, pertaining to legal notices that must be published by various units of  government in the Commonwealth.

KRS 424.110 through 424.215 are general provisions relating to the time, content, manner, cost and proof for publication of required legal notices.

KRS 424.2200 through 424.380 relate to specific matters that must be published. These include:
  • Financial Statements - KRS 424.220 & 230;
  • Budgets - KRS 424.240 & 250;
  • Bids - KRS 424.260;
  • Administrative Regulations - KRS 424.270;
  • Due Dates for Ad Valorem Taxes - KRS 424.280;
  • Election Ballots - KRS 424.290;
  • Public Service Commission Hearings - KRS 424.300;
  • Delinquent Taxes KRS.424.330;
  • Fiduciary Appointments - KRS 424.340;
  • Invitation to Bid on Municipal Bonds - KRS 424.360, and;
  • Judicial Sales of Real Property  KRS 424.370.
The criminal fines imposed by KRS 424.990 apply to violations of all of these.

The civil forfeiture provision applies only to non-compliance with the KRS sections relating to Financial Statements, Budgets, Election Ballots and Delinquent Taxes.


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Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

A division of Accountable Kentucky Incorporated
a Kentucky Non-profit corporation
AccountableKY.org

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This is not legal advice and I am not a lawyer.

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