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 9  AN ACT concerning campaign finance; requiring the reporting of certain
10    information; amending K.S.A. 25-4150 and K.S.A. 1996 Supp. 25-4152
11    and repealing the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 25-4150 is hereby amended to read as follows: 25-
15  4150. (a) The purpose of this section is to maintain the integrity of the
16  election process, inform the electorate of sponsors of efforts to influence
17  elections and foster a climate of honesty perceptible to the public by re-
18  quiring persons who make independent expenditures in an attempt to
19  influence the outcome of elections in this state to disclose publicly the
20  name of the person making such expenditures, the source of such person's
21  money and how such money is expended.
22    (b)  Except as specifically provided by this section, the words and
23  phrases used in this section shall have the same meaning ascribed thereto
24  by K.S.A. 25-4143, and amendments thereto.
25    (c)  When used in this section:
26    (1)  ``Person'' means a person as defined by K.S.A. 25-4143, and
27  amendments thereto, who makes expenditures in an aggregate amount of
28  $100 or more within a calendar year.
29    (2)  ``Expenditure'' means:
30    (A)  Any purchase, payment, distribution, loan, advance, deposit or
31  gift of money or any other thing of value made for the purpose of:
32    (i)  Directly or indirectly influencing the nomination or election of any
33  candidate; (ii) providing information which has the effect of directly or
34  indirectly influencing the nomination or election of any candidate; or (iii)
35  influencing the outcome of any election;
36    (B)  any contract to make an expenditure;
37    (C)  a transfer of funds between any two or more candidate commit-
38  tees, party committees or political committees; and
39    (D)  payment of a candidate's filing fees.
40    (3)  ``Expenditure'' does not include:
41    (A)  The value of volunteer services provided without compensation;
42    (B)  costs to a volunteer incidental to the rendering of volunteer serv-
43  ices not exceeding a fair market value of $50 during an allocable election
Sub. HB 2171
                                     

 1  period as provided in K.S.A. 25-4149 and amendments thereto;
 2    (C)  payment by a candidate or candidate's spouse for personal meals,
 3  lodging and travel by personal automobile of the candidate or candidate's
 4  spouse while campaigning or payment of such costs by the treasurer of a
 5  candidate or candidate committee;
 6    (D)  the value of goods donated to events such as testimonial events,
 7  bake sales, garage sales and auctions by any person not exceeding fair
 8  market value of $50 per event;
 9    (E)  any communication by an incumbent elected state or local officer
10  with one or more individuals unless the primary purpose thereof is to
11  directly or indirectly influence the nomination or election of any candidate
12  or providing information which has the effect of directly or indirectly
13  influencing the nomination or election of any candidate;
14    (F)  costs associated with any news story, commentary or editorial
15  distributed in the ordinary course of business by a broadcasting station,
16  newspaper, other periodical publication or by internet communication;
17    (G)  costs associated with nonpartisan activities designed to encourage
18  individuals to register to vote or to vote; or
19    (H)  costs associated with internal organizational communications of
20  business, labor, professional or other associations.
21    (d)  Prior to making an expenditure, any person who is not subject to
22  the provisions of K.S.A. 25-4144, 25-4145, or 25-4172, and amendments
23  thereto, shall make and file a statement of intent of expenditure. For the
24  purposes of this subsection person shall not include persons who make
25  contributions to a candidate or candidate committee. Such statement shall
26  be filed in the office of the secretary of state. If the expenditure is to
27  support or oppose any candidate for local office, such statement shall be
28  filed in the office of the county clerk of the county in which such person
29  is on the ballot. Every statement of intent shall include:
30    (1)  The name and address of the person;
31    (2)  the name and address of the chairperson of the organization, if
32  the person is not an individual; and
33    (3)  the full name and address of any organization with which the
34  person is connected or affiliated or, name or description sufficiently de-
35  scribing the affiliation or, if the person is not connected or affiliated with
36  any one organization, the trade, profession or primary interest of con-
37  tributors of the person.
38    (e)  Each person subject to this section shall maintain, in such person's
39  own records, the name and address of any person, including an individual,
40  who has made one or more contributions to such person, together with
41  the amount and date of such contributions, regardless of whether such
42  information is required to be reported.
43    (f)  Any change in information previously reported in a statement of
Sub. HB 2171
                                     

 1  intent shall be reported on a supplemental statement of intent and filed
 2  not later than 10 days following the change.
 3    (g) (1)  Prior to making an expenditure any person required to file a
 4  statement of intent pursuant to this section shall register annually with
 5  the commission on or before July 1 of each year. Such registration shall
 6  be in the form and contain such information as may be required by the
 7  commission.
 8    (2)  Each registration by a person anticipating the expenditure of
 9  $2,501 or more in any calendar year shall be accompanied by an annual
10  registration fee of $200.
11    (3)  Each registration by a person anticipating the expenditure of more
12  than $500 but less than $2,501 in any calendar year shall be accompanied
13  by an annual registration fee of $30.
14    (4)  Each registration by a person anticipating the expenditure of $500
15  or less in any calendar year shall be accompanied by an annual registra-
16  tion fee of $15.
17    (5)  Any person which is currently registered under subsection (g)(3)
18  or (g)(4) and which expends in excess of $2,500 for a calendar year, shall
19  file, within three days of the date when expenditures exceed such amount,
20  an amended registration form which shall be accompanied by an addi-
21  tional fee for such year equal to the difference between $200 and the
22  amount of the fee that accompanied the current registration.
23    (6)   Any person which is currently registered under subsection (g)(4)
24  and which expends in excess of $500 but less than $2,501, shall file, within
25  three days of the date when expenditures exceed $500, an amended reg-
26  istration form which shall be accompanied by an additional fee of $15 for
27  such year.
28    (h)  All such fees received by or for the commission shall be remitted
29  to the state treasurer at least monthly. Upon receipt of each such remit-
30  tance, the state treasurer shall deposit the entire amount in the state treas-
31  ury to the credit of the Kansas commission on governmental standards
32  and conduct fee fund.
33    (i)  Every person, other than a candidate or a candidate committee,
34  party committee or political committee, who makes contributions or ex-
35  penditures, other than by contribution to a candidate or a candidate com-
36  mittee, party committee or political committee, in an aggregate amount
37  of $100 or more within a calendar year shall make statements containing
38  the information required by K.S.A. 25-4148 and amendments thereto,
39  and file them in the office or offices required so that each such statement
40  is in such office or offices on the day specified in K.S.A. 25-4148 and
41  amendments thereto. If such contributions or expenditures are made to
42  support or oppose a candidate for state office, other than that of an officer
43  elected on a state-wide basis such statement shall be filed in both the
Sub. HB 2171
                                     

 1  office of the secretary of state and in the office of the county election
 2  officer of the county in which the candidate is a resident. If such contri-
 3  butions or expenditures are made to support or oppose a candidate for
 4  statewide office such statement shall be filed only in the office of the
 5  secretary of state. If such contributions or expenditures are made to sup-
 6  port or oppose a candidate for local office such statement shall be filed
 7  in the office of the county election officer of the county in which the
 8  candidate is a resident. Reports made under this section need not be
 9  cumulative.
10    Sec. 2.  K.S.A. 1996 Supp. 25-4152 is hereby amended to read as
11  follows: 25-4152. (a) The commission shall send a notice by registered or
12  certified mail to any person failing to file any report or statement required
13  by K.S.A. 25-4144, 25-4145 or 25-4148, 25-4148 or 25-4150, and amend-
14  ments thereto, and to the candidate appointing any treasurer failing to
15  file any such report, within the time period prescribed therefor. The no-
16  tice shall state that the required report or statement has not been filed
17  with either the office of secretary of state or county election officer or
18  both. The person failing to file any report or statement, and the candidate
19  appointing any such person, shall be responsible for the filing of such
20  report or statement. The notice also shall also state that such person shall
21  have 15 days from the date such notice is deposited in the mail to comply
22  with the registration and reporting requirements before a civil penalty
23  shall be imposed for each day that the required documents remain un-
24  filed. If such person fails to comply within the prescribed period, such
25  person shall pay to the state a civil penalty of $10 per day for each day
26  that such report or statement remains unfiled, except that no such civil
27  penalty shall exceed $300. The commission may waive, for good cause,
28  payment of any civil penalty imposed by this section.
29    (b)  Civil penalties provided for by this section shall be paid to the
30  state treasurer, who shall deposit the same in the state treasury to the
31  credit of the Kansas commission on governmental standards and conduct
32  fee fund.
33    (c)  If a person fails to pay a civil penalty provided for by this section,
34  it shall be the duty of the attorney general or county or district attorney
35  to bring an action to recover such civil penalty in the district court of the
36  county in which such person resides.
37    Sec. 3.  K.S.A. 25-4150 and K.S.A. 1996 Supp. 25-4152 are hereby
38  repealed.
39    Sec. 4.  This act shall take effect and be in force from and after its
40  publication in the statute book.