Kentucky Statutes 156.295 – Offenses — Penalties
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(1) Any officer or employee of a board or any other person who prevents, attempts to prevent, or obstructs an examination by the accountant made under KRS § 156.265 and KRS § 156.275 is guilty of a high misdemeanor and shall, upon indictment and conviction in the Circuit Court of competent jurisdiction, be fined five hundred dollars ($500).
(2) Any person who fails or refuses to permit the examination provided for in KRS
156.285 or who interferes with such examination shall be fined not less than one hundred dollars ($100) or imprisoned in the county jail for not less than one (1) month nor more than twelve (12) months, or both. Each refusal shall constitute a separate offense.
(3) Any person who has custody of any books, accounts, reports, vouchers, correspondence, files, records, money, and property that the accountant is authorized to examine under KRS § 156.265 and KRS § 156.285 who fails or refuses when called upon by the committee for that purpose to permit the accountant to inspect any of such materials shall, upon conviction in the Circuit Court of competent jurisdiction, be fined not more than five hundred dollars ($500) and be subject to removal as provided by law.
(4) Any person who refuses to be sworn when required by the committee to be sworn for the purpose mentioned in subsection (2) of KRS § 156.285 shall be fined not more than five hundred dollars ($500).
(5) Any witness called by the committee under subsection (3) of KRS § 156.285 who fails, without legal excuse, to attend or testify shall be fined not more than five hundred dollars ($500).
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 296, sec. 6, effective July 15, 1994. — Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 369, effective July 13, 1990. — Created 1962 Ky. Acts ch. 244, Art. II, sec. 5.
Legislative Research Commission Note (9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS § 48.500, advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter (296), Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into the statute.
(2) Any person who fails or refuses to permit the examination provided for in KRS
Terms Used In Kentucky Statutes 156.295
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Month: means calendar month. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Testify: Answer questions in court.
156.285 or who interferes with such examination shall be fined not less than one hundred dollars ($100) or imprisoned in the county jail for not less than one (1) month nor more than twelve (12) months, or both. Each refusal shall constitute a separate offense.
(3) Any person who has custody of any books, accounts, reports, vouchers, correspondence, files, records, money, and property that the accountant is authorized to examine under KRS § 156.265 and KRS § 156.285 who fails or refuses when called upon by the committee for that purpose to permit the accountant to inspect any of such materials shall, upon conviction in the Circuit Court of competent jurisdiction, be fined not more than five hundred dollars ($500) and be subject to removal as provided by law.
(4) Any person who refuses to be sworn when required by the committee to be sworn for the purpose mentioned in subsection (2) of KRS § 156.285 shall be fined not more than five hundred dollars ($500).
(5) Any witness called by the committee under subsection (3) of KRS § 156.285 who fails, without legal excuse, to attend or testify shall be fined not more than five hundred dollars ($500).
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 296, sec. 6, effective July 15, 1994. — Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 369, effective July 13, 1990. — Created 1962 Ky. Acts ch. 244, Art. II, sec. 5.
Legislative Research Commission Note (9/2/94). By letter of September 2, 1994, the Secretary of the Finance and Administration Cabinet, acting under KRS § 48.500, advised the Reviser of Statutes of his determination “that no funds appropriated by the Executive Branch Appropriations Act for the 1995-96 biennium can be identified as having been appropriated for the purpose of implementing Sections 1 to 7 of House Bill No. 616, Chapter (296), Acts of the 1994 Regular Session of the General Assembly.” Accordingly, the amendment to this statute contained in 1994 Ky. Acts ch. 296 is void under sec. 3(8) of that Act and has not been codified into the statute.