KRS 61.105: Immunity for persons brining evidence against an executive branch official

involving conduct relating to the transition between officials -- Definitions for

section -- Exception in case of perjury.

(1) As used in this section:

(a) "Executive b ranch official" means all major management personnel of the

Office of the Governor, Office of the Lieutenant Governor, Secretary of State,

Attorney General, Auditor of Public Accounts, State Treasurer, and

Commissioner of Agriculture, including but not lim ited to cabinet secretaries,

deputy cabinet secretaries, chief executive officers, general counsels,

commissioners, deputy commissioners, executive directors, executive

assistants, policy advisors, special assistants, administrative coordinators,

executive advisors, staff assistants, and division directors; and

(b) "State constitutional officer" means the Governor, Lieutenant Governor,

Secretary of State, Attorney General, Auditor of Public Accounts, State

Treasurer, and Commissioner of Agriculture.

(2) Notwithstanding any law to the contrary, at any time during the twelve (12) months

before and twelve (12) months after a state constitutional officer takes his or her

oath of office, any person:

(a) Involved in conduct relating to the transition between outgo ing and incoming

state constitutional officers that may result in a criminal prosecution of the

person or a violation of a state ethics law by the person, including but not

limited to the Executive Branch Code of Ethics pursuant to KRS Chapter 11A

and the Kentucky Code of Legislative Ethics pursuant to KRS 6.601 to 6.849;

and

(b) Who brings forth evidence against an executive branch official who was

involved with or directed the person to perform the conduct described in

paragraph (a) of this subsection;

shall be immune from criminal prosecution for the conduct, and shall not be subject

to any penalty resulting from an ethical violation pertaining to his or her

involvement in the conduct if the evidence he or she brought forth assists in the

criminal prosecution of, or a finding of an ethical violation against, the applicable

executive branch official.

(3) A person shall not be immune from criminal prosecution and shall be subject to any

ethical violation pertaining to his or her involvement with the conduct described in

subsection (2)(a) of this section if he or she commits perjury. Any testimony or

evidence given or produced shall be admissible against the person upon any

criminal action, investigation, or proceeding concerning the perjury in addition to

any conduct described in subsection (2)(a) of this section.