25-4180. Elections on amendments to Kansas constitution; financial reports of constitutional campaigns; contents; annual reports; preliminary reports; supplemental reports; notice of failure to file;
25-4180
25-4180. Elections on amendments to Kansasconstitution; financial reportsof constitutional campaigns; contents;annual reports; preliminary reports; supplemental reports; notice offailure to file; civil penalties; violation class A misdemeanor.(a) Every person who engages in any activity promoting or opposing theadoption or repeal of any provision of the Kansas constitution and whoaccepts moneys or property for the purpose of engaging in such activityshall make an annual report to the secretary of state of individualcontributions orcontributions in kind in an aggregate amount or value in excess of $50received during the preceding calendar year for such purposes.The report shall show the name and address of each contributorfor the activity and the amount or value of the individual contribution made,togetherwith a total value of all contributions received, and also shallaccountfor expenditures in an aggregate amount or value in excess of $50 from suchcontributions by showing the amount or valueexpended to each payee and the purpose of each such expenditure, togetherwith a total value of all expenditures made. The annualreport shall be filed on or before February 15 of each year for thepreceding calendar year.
In addition to the annual report, a person engaging in an activitypromoting the adoption or repeal of a provision of the Kansas constitutionwho accepts any contributed moneys for such activity shall make apreliminary report to the secretary of state 15 days prior toeach election at which a proposed constitutional amendment is submitted.Such report shall show the name and address of eachindividual contributor, together with the amount contributed or contributed inkind inan aggregate amount or value in excess of $50, and the expenditures in anaggregate amount or value in excess of $50from such contributions by showing the amount paid to each payee and thepurpose of the expenditure. A supplemental report in the same format as thepreliminary report shall be filed with the secretary of state within15 days after any election on a constitutional proposition wherecontributed funds are received and expended in opposing or promoting suchproposition.
Any person who engages in any activity promoting or opposing theadoption or repeal of any provision of the Kansas constitution shall beconsidered engaged in such activity upon the date the concurrent resolutionpasses the Kansas house of representatives and senate in its final form.Upon such date, if the person has funds in the constitutional amendmentcampaign treasury, such person shall be required to report such funds asprovided by this section.
(b) (1) The commissionshall send a notice by registeredor certified mail to any person failing to file any reportrequired by subsection (a)within the time period prescribed therefor.The notice shall state that the required report has notbeen filed with the office of the secretary of state. The noticealso shallstate that such person shall have 15 days from the date such noticeis deposited in the mail to comply with thereportingrequirements before a civil penalty shall be imposed for each day thatthe required documents remain unfiled. If such person fails to complywithin the prescribed period, such person shall pay tothe state a civilpenalty of $10 per day for each day that such reportremains unfiled, except that no such civil penalty shallexceed $300. The commissionmay waive, for good cause, payment of any civil penalty imposedby this section.
(2) Civil penalties provided for by this section shall beremitted tothe state treasurer in accordance with the provisions of K.S.A.75-4215,and amendments thereto. Upon receipt of each such remittance, the statetreasurer shall deposit the entire amount in the statetreasury tothe credit of the governmental ethics commissionfee fund.
(3) If a person fails to pay a civil penalty provided for by thissection, it shall be the duty of the commission to bring an action torecover such civilpenalty inthe district court of the county in which such person resides.
(c) The intentional failure to file any report required by subsection(a) is a class A misdemeanor.
(d) This section shall be part of and supplemental to the campaign financeact.
History: L. 1987, ch. 129, § 1;L. 1991, ch. 150, § 17;L. 1998, ch. 117, § 16;L. 1998, ch. 168, § 2;L. 2001, ch. 5, § 91; July 1.