46-280. Failure to register or file reports; civil penalty.
46-280
46-280. Failure to register or file reports; civilpenalty.(a) The commission shallsend a notice by registeredor certified mail to any person failing to register or to file anyreport or statement as required by K.S.A. 46-247, 46-265 or46-268, and amendments thereto, within the time period prescribedtherefor. The notice shallstate that the required registration, report or statement had not beenfiled with the office of secretary of state. The notice alsoshall statethat such person shall have five days from the date of receipt ofsuch notice to comply with the registration and reporting requirementsbefore a civil penalty shall be imposed for each day that the requireddocuments remain unfiled. If such person fails to comply within such period,such person shall pay to the state a civil penaltyof $10per day for each day that such person remains unregisteredor that such report or statement remains unfiled, except that no suchcivil penalty shall exceed $300. The commissionmay waive, for good cause, payment of anycivil penalty imposed hereunder.
(b) Whenever the commission shall determine that any report filed by alobbyist as required by K.S.A. 46-269, and amendments thereto, isincorrect,incomplete or fails to provide the information required by such section, thecommission shall notify such lobbyist by registered or certified mail,specifyingthe deficiency. Such notice shall state that the lobbyist shall have 30 daysfrom the date of the receipt of such notice to file an amended reportcorrecting such deficiency before a civil penalty will be imposed and theregistration of such lobbyist revoked and the badge be required to be returnedtothe office of the secretary of state. A copy of such notice shall be sent tothe office of the secretary of state. If such lobbyist fails to file an amendedreport within the time specified, such lobbyist shall pay to the commission acivil penalty of $10 per day for each day that such person fails to file suchreport except that no such civil penalty shall exceed $300. On the 31st dayfollowing the receipt of such notice, the registration of any lobbyistfailingto file such amended report shall be revoked.
(c) Civil penalties provided for by this section shall beremittedto the state treasurer in accordance with the provisions ofK.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.
(d) (1) Except as provided in subsection (2), if a person failsto 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.
(2) If a person required to file under subsection (f) of K.S.A. 46-247,and amendments thereto,fails to pay a civil penalty provided for by this section, it shall be theduty of the commission to bring an action to recoversuch civilpenalty in the district court of Shawnee County, Kansas.
History: L. 1978, ch. 146, § 1; L. 1981, ch. 171, § 46;L. 1988, ch. 180, § 2;L. 1991, ch. 150, § 48; L. 1998, ch. 117, § 23;L. 1998, ch. 168, § 4;L. 2001, ch. 5, § 153; July 1.