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10  AN ACT concerning elections; relating to campaign finance; relat-
11    ing to political parties; relating to state officers and employees;
12    relating to lobbyists; amending K.S.A. 25-3801, 25-4158 and 46-
13    270 and K.S.A. 1996 Supp. 46-236 and repealing the existing
14    sections.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    Section 1.  K.S.A. 1996 Supp. 46-236 is hereby amended to read as
18  follows: 46-236. No state officer or employee, candidate for state office
19  or state officer elect shall solicit any economic opportunity, gift, loan,
20  gratuity, special discount, favor, hospitality, or service from any person
21  known to have a special interest, under circumstances where such officer,
22  employee, candidate or state officer elect knows or should know that a
23  major purpose of the donor in granting the same could be to influence
24  in exchange for the performance or nonperformance of the official duties
25  or prospective official duties of such officer, employee, candidate or state
26  officer elect.
27    Except when a particular course of official action is to be followed as
28  a condition thereon, this section shall not apply to: (1) Any contribution
29  reported in compliance with the campaign finance act; (2) a commercially
30  reasonable loan or other commercial transaction in the ordinary course
31  of business; or (3) any solicitation for the benefit of any charitable organ-
32  ization which is required to file a registration statement with the secretary
33  of state pursuant to K.S.A. 17-1740 17-1763, and amendments thereto,
34  or which is exempted from filing such statement pursuant to K.S.A. 17-
35  1741 17-1762, and amendments thereto, or for the benefit of any edu-
36  cational institution or such institution's endowment association, if such
37  association has qualified as a nonprofit organization under paragraph (3)
38  of subsection (c) of section 501 of the internal revenue code of 1986, as
39  amended.
HB 2079--Am.
                                     

 1    Sec. 2.  K.S.A. 1996 Supp. 46-237 is hereby amended to read as fol-
 2  lows: 46-237. (a) No state officer or employee, candidate for state office
 3  or state officer elect shall accept, or agree to accept any economic op-
 4  portunity, gift, loan, gratuity, special discount, favor, hospitality, or service
 5  having an aggregate value of $40 or more in any calendar year from any
 6  one person known to have a special interest, under circumstances where
 7  such person knows or should know that a major purpose of the donor is
 8  to influence such person in exchange for the performance or nonperform-
 9  ance of their official duties or prospective official duties of such officer,
10  employee, candidate or state officer elect.
11    (b)  No person with a special interest shall offer, pay, give or make
12  any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
13  pitality or service having an aggregate value of $40 or more in any calendar
14  year to any state officer or employee, candidate for state office or state
15  officer elect with a major purpose of influencing such officer or employee,
16  candidate for state office or state officer elect in exchange for the per-
17  formance or nonperformance of official duties or prospective official du-
18  ties of such officer, employee, candidate or state officer elect.
19    (c)  No person licensed, inspected or regulated by a state agency shall
20  offer, pay, give or make any economic opportunity, gift, loan, gratuity,
21  special discount, favor, hospitality, or service having an aggregate value
22  of $40 or more in any calendar year to such agency or any state officer
23  or, employee, candidate for state office or state officer elect of that agency
24  in exchange for the performance or nonperformance of official duties or
25  prospective duties of such agency, state officer, employee, candidate for
26  state office or state officer elect of such agency.
27    (d)  Hospitality in the form of recreation, food and beverages are pre-
28  sumed not to be given to influence a state officer or employee, candidate
29  for state office or state officer elect in the performance of official duties
30  or prospective official duties, except when a particular course of official
31  action is to be followed as a condition thereon. For the purposes of this
32  subsection, the term recreation shall not include the providing or the
33  payment of the cost of transportation or lodging.
34    (e)  Except when a particular course of official action is to be followed
35  as a condition thereon, this section shall not apply to: (1) Any contribution
36  reported in compliance with the campaign finance act; or (2) a commer-
37  cially reasonable loan or other commercial transaction in the ordinary
38  course of business.
39    (f)  No state officer or employee shall accept any payment of honoraria
40  for any speaking engagement except that a member of the state legislature
41  or a part-time officer or employee of the executive branch of government
42  shall be allowed to receive reimbursement in the preparation for and the
43  making of a presentation at a speaking engagement in an amount fixed
HB 2079--Am.
                                     

 1  by the Kansas commission on governmental standards and conduct prior
 2  to the acceptance of the speaking engagement. Nothing in this section
 3  shall be construed to prohibit the reimbursement of state officers and
 4  employees for reasonable expenses incurred in attending seminars, con-
 5  ferences and other speaking engagements.
 6    (g)  The provisions of this section shall not be applicable to or prohibit
 7  the acceptance of gifts from governmental agencies of foreign nations
 8  except that any gift accepted from such foreign governmental agency,
 9  having an aggregate value of $100 or more, shall be accepted on behalf
10  of the state of Kansas.
11    (h)  No legislator shall solicit any contribution to be made to any or-
12  ganization for the purpose of paying for travel, subsistence and other
13  expenses incurred by such legislator or other members of the legislature
14  in attending and participating in meetings, programs and activities of such
15  organization or those conducted or sponsored by such organization, but
16  nothing in this act or the act of which this act is amendatory shall be
17  construed to prohibit any legislator from accepting reimbursement for
18  actual expenses for travel, subsistence, hospitality, entertainment and
19  other expenses incurred in attending and participating in meetings, pro-
20  grams and activities sponsored by the government of any foreign nation,
21  or any organization organized under the laws of such foreign nation or
22  any international organization or any national, nonprofit, nonpartisan or-
23  ganization established for the purpose of serving, informing, educating
24  and strengthening state legislatures in all states of the nation, when paid
25  from funds of such organization and nothing shall be construed to limit
26  or prohibit the expenditure of funds of and by any such organization for
27  such purposes.
28    Sec. 3.  K.S.A. 46-271 is hereby amended to read as follows: 46-271.
29  No lobbyist shall offer, pay, give or make any economic opportunity, gift,
30  loan, gratuity, special discount, favor, hospitality, or service having an
31  aggregate value of $40 or more in any calendar year to any state officer
32  or, state officer elect, employee or candidate for state office with a major
33  purpose of influencing such officer or employee in exchange for the per-
34  formance or nonperformance of official duties or prospective official du-
35  ties of such officer, employee, candidate or state officer elect. Hospitality
36  in the form of recreation, food and beverages are presumed not to be
37  given to influence a state officer orfsi, state officer elect, employee or can-
38  didate for state office in the performance of official duties, except when
39  a particular course of official action is to be followed as a condition
40  thereon.
41    Except when a particular course of official action is to be followed as
42  a condition thereon, this section shall not apply to (1) any contribution
43  reported in compliance with the campaign finance act as amended, or (2)
HB 2079--Am.
                                     

 1  a commercially reasonable loan or other commercial transaction in the
 2  ordinary course of business.
 3    Sec. 4.  K.S.A. 46-271 and 46-277 and K.S.A. 1996 Supp. 46-236 and
 4  46-237 are hereby repealed.
 5    Section 1.  K.S.A. 25-3801 is hereby amended to read as fol-
 6  lows: 25-3801. (a) At each primary election, the members of the
 7  party residing in each precinct in each county of the state shall
 8  elect a man of their number as precinct committeeman and a
 9  woman of their number as precinct committeewoman. No person
10  shall be eligible to be a candidate for or hold the office of precinct
11  committeeman or precinct committeewoman of a party in any pre-
12  cinct unless such person actually lives, resides and occupies a place
13  of abode in such precinct, and is in all other respects a qualified
14  elector and is shown as a member of such party on the party affil-
15  iation list, in the office of the county election officer. Except as
16  provided in subsection (b), vacancies occurring in the office of pre-
17  cinct committeeman or committeewoman shall be promptly filled
18  by appointment by the county chairperson, except that any vacancy
19  which occurs because the party had no candidate at such primary
20  election shall not be filled until the county central committee has
21  elected or reelected its chairperson under K.S.A. 25-3802 and amend-
22  ments thereto. Not later than three days after appointment of pre-
23  cinct committeemen and committeewomen, the county chairper-
24  son making the appointments shall notify the county election
25  officer of such appointments. The county election officer shall
26  make such appointments public immediately upon receipt thereof.
27  As used in this act, ''primary election`` means the statewide election
28  held in August of even-numbered years.
29    (b)  When a convention is to be held under article 39 of chapter
30  25 of Kansas Statutes Annotated to fill a vacancy, no appointments
31  shall be made under subsection (a) after notice calling the conven-
32  tion has been given until the convention has been held and the
33  person to fill the vacancy has been elected by the convention.
34    Sec. 2.  K.S.A. 25-4158 is hereby amended to read as follows:
35  25-4158. (a) The secretary of state shall: (1) Furnish forms pre-
36  scribed and provided by the commission for making reports and
37  statements required to be filed in the office of the secretary of
38  state by the campaign finance act; and
39    (2)  make such reports and statements available for public in-
40  spection and copying during regular office hours.
41    (b)  The county election officer shall: (1) Furnish forms pre-
42  scribed and provided by the commission for making reports and
43  statements required to be filed in the office of the county election
HB 2079--Am.
                                     

 1  officer by the campaign finance act; and
 2    (2)  make such reports and statements available for public in-
 3  spection and copying during regular office hours.
 4    (c)  The commission may investigate, or cause to be investi-
 5  gated, any matter required to be reported upon by any person
 6  under the provisions of the campaign finance act, or any matter to
 7  which the campaign finance act applies irrespective of whether a
 8  complaint has been filed in relation thereto.
 9    (d) (1)  For the purpose of any investigation or proceeding un-
10  der this act, the commission or any officer designated by the com-
11  mission may, after having complied with the requirements of part
12    (2) of this subsection, administer oaths and affirmations, subpoena
13  witnesses, compel their attendance, take evidence, and require the
14  production of any books, papers, correspondence, memoranda,
15  agreements, or other documents or records which the commission
16  deems relevant or material to the inquiry. The commission shall
17  reimburse the reasonable costs of production of documents subject
18  to subpoena. All subpoenas issued under this section shall be au-
19  thorized by the affirmative vote of not less than 3/4 of the members
20  of the commission.
21    (2)  If the commission finds there is reasonable suspicion that
22  a violation of the act has occurred, the commission shall commu-
23  nicate, by a signed writing specifically stating such alleged viola-
24  tions, with the persons being investigated and allow them 30 days
25  to respond. After reviewing the information from such respondent,
26  and a determination is made that further investigation is required,
27  the commission may issue a subpoena by a 3/4 vote of the commis-
28  sion members. Subpoenas duces tecum shall be limited to items rea-
29  sonably relevant to such alleged violations.
30    (3)  In any case of contumacy by, or refusal to obey a subpoena
31  issued pursuant to paragraph (2) to any person, the district court of
32  Shawnee county, upon application by the commission, or any of-
33  ficer designated by the commission, may issue to that person an
34  order requiring the person to appear before the commission or
35  any officer designated by the commission, there to produce doc-
36  umentary evidence if so ordered or to give evidence touching the
37  matter under investigation or in question. Any failure to obey the
38  order of the court may be punished by the court as a contempt of
39  court.
40    (4)  No person is excused from attending or testifying or from
41  producing any document or record before the commission, or obe-
42  dience to the subpoena of the commission or any officer desig-
43  nated by the commission, or in any proceeding instituted by the
HB 2079--Am.
                                     

 1  commission, on the ground that the testimony or evidence (docu-
 2  mentary or otherwise) required of the person may tend to incrim-
 3  inate the person or subject the person to a penalty or forfeiture.
 4  No individual person may be prosecuted or subjected to any penalty
 5  or forfeiture for or on account of any transaction, matter or thing
 6  concerning which such person is compelled, after claiming privi-
 7  lege against self-incrimination, to testify or produce evidence (doc-
 8  umentary or otherwise), except that the individual so testifying
 9  shall not be exempt from prosecution and punishment for perjury
10  committed in so testifying.
11    Sec. 3.  K.S.A. 1996 Supp. 46-236 is hereby amended to read
12  as follows: 46-236. No state officer or employee, candidate for state
13  office or state officer elect shall solicit any economic opportunity,
14  gift, loan, gratuity, special discount, favor, hospitality, or service
15  from any person known to have a special interest, under circum-
16  stances where such officer, employee, candidate or state officer
17  elect knows or should know that a major purpose of the donor in
18  granting the same could be to influence the performance of the
19  official duties or prospective official duties of such officer, em-
20  ployee, candidate or state officer elect.
21    Except when a particular course of official action is to be fol-
22  lowed as a condition thereon, this section shall not apply to: (1)
23  Any contribution reported in compliance with the campaign fi-
24  nance act; (2) a commercially reasonable loan or other commercial
25  transaction in the ordinary course of business; or (3) any solicita-
26  tion for the benefit of any charitable organization which is re-
27  quired to file a registration statement with the secretary of state
28  pursuant to K.S.A. 17-1740 17-1763, and amendments thereto, or
29  which is exempted from filing such statement pursuant to K.S.A.
30  17-1741 17-1762, and amendments thereto, or for the benefit of any
31  educational institution or such institution's endowment associa-
32  tion, if such association has qualified as a nonprofit organization
33  under paragraph (3) of subsection (c) of section 501 of the internal
34  revenue code of 1986, as amended.
35    Sec. 4.  K.S.A. 46-270 is hereby amended to read as follows: 46-
36  270. The secretary of state shall obtain suitable name tags in two
37    colors, of a size not smaller than two 21/16;dp inches by three 31/16;dp
38  inches, to be fastened on the outside of the wearer's garment with
39  lettering adequate in size and clarity to be readable at a distance
40  of three feet by individuals of normal vision, bearing the name of
41  the lobbyist, the names of the persons compensating or appointing
42  the lobbyist and the year. The secretary of state shall present to
43  each individual registering under K.S.A. 46-264 and 46-265, and
HB 2079--Am.
                                     

 1  amendments thereto, one such tag, and such tag shall be worn by the
 2  lobbyist when lobbying in the state capitol building.
 3    New Sec. 5.  (a) (1) Except as otherwise provided in this sub-
 4  section, the definitions set forth in K.S.A. 25-4143, and amend-
 5  ments thereto, shall be applicable to the provisions in this section.
 6    (2)  As used in this section ``regulated entity'' means any person
 7  who is required by law to be licensed by the insurance commis-
 8  sioner, or any person who engages in a business or profession
 9  which is regulated by the insurance commissioner, or any person
10  employed by a company regulated by the insurance commissioner.
11    (b)  No regulated entity and no person or political committee
12  acting on behalf of a regulated entity shall make a contribution to
13  or on behalf of a person holding the office of insurance commis-
14  sioner to or on behalf of a candidate for the office of insurance
15  commissioner or to or on behalf of a candidate committee of any
16  such candidate.
17    (c)  No person holding the office of insurance commissioner
18  and no candidate for the office of insurance commissioner and no
19  candidate committee of a candidate for the office of insurance
20  commissioner shall knowingly solicit or accept a contribution from
21  any regulated entity or any person or political committee acting
22  on behalf of a regulated entity.
23    (d)  Any person or entity violating the provisions of this act shall
24  be punished in the manner and be subject to the penalties pre-
25  scribed by K.S.A. 25-4181, and amendments thereto.
26    Sec. 6.  K.S.A. 25-3801, 25-4158 and 46-270 and K.S.A. 1996
27  Supp. 46-236 are hereby repealed.
28    Sec. 5 7.  This act shall take effect and be in force from and after its
29  publication in the statute book.