Kansas Statutes 74-32,178a. Civil penalties for violations of act
Terms Used In Kansas Statutes 74-32,178a
- Institution: means the university of Kansas, university of Kansas medical center, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state university, Fort Hays state university and Kansas state university polytechnic campus;
(b) "governing authority" means the state board of regents or the chief executive officer of an institution if such officer has been designated by the state board to act on its behalf in exercising the authority of the board to care for, control, maintain and supervise all roads, streets, driveways and parking facilities for vehicles on the grounds of the institution; and
(c) "vehicle" means motor vehicle, motorized bicycle and bicycle. See Kansas Statutes 74-3209
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- State board: means the state board of regents. See Kansas Statutes 74-3275
(a) In addition to, or as an alternative to any penalty that may be imposed pursuant to this act, the state board, after proper notice and an opportunity to be heard, may assess a civil fine against an institution with a certificate of approval for a violation of this act or any rules and regulations adopted pursuant to this act. For the first violation, the amount of such fine shall be up to 1% of the institution’s tuition revenue, but shall not be less than $125 and not more than $15,000. For any subsequent violation, the amount of such fine shall be up to 2% of the institution’s tuition revenue, but shall not be less than $250 and not more than $20,000. On and after July 1, 2021, any such fines and administrative costs for collecting such fines may be assessed against the institution’s surety bond.
(b) All moneys collected pursuant to this section shall be remitted to the state treasurer in accordance with Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(c) Fines assessed under this section shall be considered administrative fines pursuant to 11 U.S.C. § 523.