44-806a. Penalties for failure to file constitution, bylaws or annual report; cause of action to collect. - Kansas Statutes

44-806a

Chapter 44.--LABOR AND INDUSTRIES Article 8.--EMPLOYER AND EMPLOYEE RELATIONS

      44-806a.   Penalties for failure to file constitution,bylaws or annual report; cause of action to collect.(a) In case any labor organization which is required to file a copy ofits constitution or bylaws or amendments or changes therein under K.S.A.44-805, and amendments thereto, or to file an annualreport under K.S.A. 44-806, and amendments thereto, shall fail or neglectto make suchfiling at the time prescribed,such labor organization shall be subject to a civil penalty of $100, and,if such labor organization shall not havemade suchfiling within 60 days thereafter, it shall be subjectto anadditional civil penalty of $5 per day for eachday'somission after the time limited in such statutes for makingsuch filing andsuch sixty-day period. Such civil penalties may berecovered by anaction in the name of the state, and all moneys recovered shall be remittedto the state treasurer in accordance with the provisionsofK.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance,the state treasurer shall deposit the entire amount in the state treasuryto the credit of the state general fund. Anylabororganization shall have the right to be heard by the secretary of stateupon the matter of determination of the amount of civil penalties due underthis section. For good cause shown, the secretary of state may remit orwaive all or any part of any such civil penalties.

      (b)   On complaint of the secretary of state that any labor organizationhas failed to make the filing required by said statutes, it shall be theduty of the county or district attorney, or the attorney general, toinstitute such action in the district court of Shawnee county, Kansas, orof any county in which such labor organization has an office.

      History:   L. 1974, ch. 207, § 1;L. 2001, ch. 5, § 143; July 1.