Session of 1998
By Senators Salisbury and Hardenburger
            9             AN ACT concerning the campaign finance act; relating to certain viola-
10             tions; amending K.S.A. 1997 Supp. 25-4152 and 25-4181 and repealing
11             the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
15       follows: 25-4152. (a) The commission shall send a notice by   (Rx)gistered or
16       certified mail, return receipt signed by the addressee, to any person failing
17       to file any report or statement required by K.S.A. 25-4144, 25-4145 or
18       25-4148, and amendments thereto, and to the candidate appointing any
19       treasurer failing to file any such report, within the time period prescribed
20       therefor. The notice shall state that the required report or statement has
21       not been filed with either the office of secretary of state or county election
22       officer or both. The person failing to file any report or statement, and the
23       candidate appointing any such person, shall be responsible for the filing
24       of such report or statement. The notice   shall also shall state that   such
25       person shall have 15 days from the date such notice is deposited in the
26       mail to comply with the registration and reporting requirements before
27       a civil penalty shall be imposed for each day that the required documents
28       remain unfiled. If such person fails to comply within the prescribed pe-
29       riod, such person shall pay to the state a civil penalty of   $10 $100 per day
30       for each day that such report or statement remains unfiled  , except that
31       no such civil penalty shall exceed $300. If the person failing to file a report
32       or statement is the treasurer of a candidate committee, the candidate
33       appointing such treasurer shall be responsible for payment of such pen-
34       alty. The commission may waive  , for good cause, or reduce the amount
35       of payment of any civil penalty imposed by this section if the person
36       assessed the penalty demonstrates to the commission's satisfaction that:
37       (1) The circumstances indicate there was no intent to file late; (2) the
38       candidate has not been required to pay late filing fees for two years prior
39       to the time the filing was due; (3) the late filing shows that less than $5,000
40       was raised, received or expended during the reporting period; and (4) a
41       reduction or waiver of the late fees would not defeat the purposes of the
42       campaign finance act.
43           (b) The maximum amount of a civil penalty imposed pursuant to this

SB 626


  1       section shall be $1,000. Civil penalties provided for by this section shall
  2       be paid to the state treasurer, who shall deposit the same in the state
  3       treasury to the credit of the Kansas commission on governmental stan-
  4       dards and conduct fee fund.
  5           (c) If a person fails to pay a civil penalty provided for by this section,
  6       it shall be the duty of the attorney general or county or district attorney
  7       to bring an action to recover such civil penalty in the district court of the
  8       county in which such person resides.
  9           Sec. 2. K.S.A. 1997 Supp. 25-4181 is hereby amended to read as
10       follows: 25-4181. (a) The commission, in addition to any other penalty
11       prescribed under the campaign finance act, may assess a civil fine, after
12       proper notice and an opportunity to be heard, against any person for a
13       violation of the campaign finance act in an amount not to exceed $5,000
14       for the first violation, $10,000 for the second violation and $15,000 for
15       the third violation and for each subsequent violation.   Whenever any civil
16       fine or penalty is proposed to be assessed against the treasurer of any
17       candidate who is not also the candidate, such notice shall be given to both
18       the treasurer and the candidate prior to the assessment of such fine or
19       penalty. If the person violating the campaign finance act is the treasurer
20       of a candidate committee, the candidate appointing such treasurer shall
21       be responsible for payment of any civil fine imposed pursuant to this
22       section. All fines assessed and collected under this section shall be re-
23       mitted promptly to the state treasurer. Upon receipt thereof, the state
24       treasurer shall deposit the entire amount in the state treasury and credit
25       it to the Kansas commission on governmental standards and conduct fee
26       fund.
27           (b) No individual who has failed to pay any civil penalty or civil fine
28       assessed, or failed to file any report required to be filed, under the cam-
29       paign finance act, unless such penalty or fine has been waived or is under
30       appeal, shall be eligible to become a candidate for state office or local
31       office under the laws of the state until such penalty or fine has been paid
32       or is on appeal or such report has been filed or both such penalty or fine
33       has been paid and such report filed.
34           Sec. 3. K.S.A. 1997 Supp. 25-4152 and 25-4181 are hereby repealed.
35           Sec. 4. This act shall take effect and be in force from and after its
36       publication in the statute book.