KRS 121.256: Civil action to enforce KRS 121.250 and 121.252 -- Refund of contributions

-- Joint and several liability -- Penalties on lobbyists -- Damages.

(1) The registry may bring a civil action to enforce KRS 121.250 and 121.252 and a

committee, person, or entity alleged to have violated KRS 121.250 or 121.252 shall

be provided full opportunity of notice, discovery, and an opportunity to be heard

before being found liable for a violation of KRS 121.250 or 121.252.

(2) In all actions brought under subs ection (1) of this section, the registry bears the

burden of proof and the action shall proceed as follows:

(a) Prior to discovery, the court shall set a hearing to determine whether there is

probable cause that a committee or person has violated KRS 121.2 50 or

121.252;

(b) If, after the hearing in paragraph (a) of this subsection, the court determines

that no probable cause exists to believe that a violation of KRS 121.250 or

121.252 has occurred, the court shall enter an order of dismissal with

prejudice;

(c) If, after the hearing in paragraph (a) of this subsection, the court determines

that probable cause does exist to believe that a violation of KRS 121.250 or

121.252 has occurred, the court shall enter an order to that effect and the case

shall proceed to trial on an expedited basis. Subject to KRS 121.258, the

entity alleged to have violated KRS 121.250 or 121.252 may, prior to the

scheduling of trial, present evidence sufficient to rebut the finding of probable

cause by making an ex parte presentation of records to the court for in camera

review; and

(d) The losing party under paragraph (c) of this subsection has the right to:

1. An interlocutory expedited appeal; and

2. A stay of proceedings in the trial court.

(3) Within thirty (30) days of a finding that a committee has violated KRS 121.250 or

121.252, the committee shall refund the contribution to the original contributor. In

the event of an appeal, the contribution shall be placed in escrow, after which the

funds shall be disbursed in accordance with the final order. If the committee is

unable to return the funds, the directors, officers, or executive members of the

committee shall be liable in their personal capacity, jointly and severally, for the

refund of said funds.

(4) Within thirty (30) days of a finding that any person or entity required to report

independent expenditures has violated KRS 121.250 or 121.252, the person or

entity making the independent expenditure shall disgorge funds in an amount equal

to the reported cost of the independent expenditure to the registry. If the entity is

unable to disgorge the requisite funds, the directors, officers, or executive members

of the entity shall be liable in their personal capacities, jointly and severally, for t he

payment of the amount due. In the event of an appeal, the funds subject to

disgorgement shall be placed in escrow, after which they shall be disbursed in

accordance with the final order.

(5) If any lobbyist, as defined in KRS 11A.010, violates KRS 121.2 50 or 121.252, the

lobbyist's registration may be revoked or suspended and the lobbyist may be

enjoined from receiving compensation or making expenditures for lobbying.

(6) If the registry prevails in an action brought under this section, the court may award:

(a) Injunctive relief sufficient to prevent the defendant from violating or engaging

in acts that aid or abet violations of KRS 121.250 and 121.252; and

(b) Statutory damages up to two (2) times the amount of the prohibited

contribution or expenditure.

(7) In addition to the penalties in subsection (6) of this section, and any other remedies

provided by law, if the court finds a knowing or willful violation of KRS 121.250

or 121.252, the court may assess a penalty of up to three (3) times the statutory

damages.