HB 2315--Am. by SCW
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[As Amended by Senate Committee of the
Whole]
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[As Amended by House Committee of the
Whole]
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Session of 1997
HOUSE BILL No. 2315
By Committee on Governmental Organization and
Elections
2-11
AN ACT concerning campaign finance; [relating to
certain reports;] relating to contributions; amending
[K.S.A. 25-4148 and 25-4172 and] K.S.A. 1996 Supp. 25-4157a
and repealing the existing
section[sections].
[AN ACT concerning elections; relating to campaign finance;
amending K.S.A. 25-4148[, 25-4169a], 25-4150, 25-4156 and 25- 4172
and K.S.A. 1996 Supp. 25-4152 and 25-4157a and repealing the
existing sections.]
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Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1996 Supp. 25-4157a is hereby amended to read
as follows: 25-4157a. (a) No moneys received by any candidate or can-
didate committee of any candidate as a contribution under this act shall
be used or be made available for the personal use of the candidate and
no such moneys shall be used by such candidate or the candidate com-
mittee of such candidate except for:
(1) Legitimate campaign purposes, for;
(2) expenses of holding political office or for;
(3) contributions to the party committees of the political party of
which such candidate is a member; or
(4) any contribution or membership dues in the name of the candidate
or candidate committee of any candidate to a community service, civic
[or civic], educational, youth, recreational, charitable, religious, scien-
tific or literary organization or[; or
(5) [(6)] expenses incurred in the purchase of tickets to meals
and special events sponsored by] any organization the major purpose
of which is to promote or facilitate the social, business, commercial or
economic well being of the local community.[; or]
[(5) expenses incurred in the purchase and mailing of greeting
cards to voters and constituents.]
For the purpose of this subsection, expenditures for ``personal use''
shall include expenditures to defray normal living expenses for the can-
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1 didate or the candidate's family and expenditures for the personal benefit
2 of the candidate having no direct connection with or effect upon the
3 campaign of the candidate or the holding of public office.
4 (b) No moneys received by any candidate or candidate committee of
5 any candidate as a contribution under this act shall be used to pay interest
6 or any other finance charges upon moneys loaned to the campaign by
7 such candidate or the spouse of such candidate.
8 (b) (c) No candidate or candidate committee shall accept from any
9 other candidate or candidate committee for any candidate for local, state
10 or national office, any moneys received by such candidate or candidate
11 committee as a campaign contribution. The provisions of this subsection
12 shall not be construed to prohibit a candidate or candidate committee
13 from accepting moneys from another candidate or candidate committee
14 if such moneys constitute a reimbursement for one candidate's propor-
15 tional share of the cost of any campaign activity participated in by both
16 candidates involved. Such reimbursement shall not exceed an amount
17 equal to the proportional share of the cost directly benefiting and attrib-
18 utable to the personal campaign of the candidate making such reimburse-
19 ment.
20 (c) (d) At the time of the termination of any campaign and prior to
21 the filing of a termination report in accordance with K.S.A. 25-4157 and
22 amendments thereto all residual funds not otherwise obligated for the
23 payment of expenses incurred in such campaign or the holding of office
24 shall be contributed to a charitable organization, as defined by the laws
25 of the state, contributed to a party committee or returned as a refund in
26 whole or in part to any contributor or contributors from whom received
27 or paid into the general fund of the state.
28 [Sec. 2. K.S.A. 25-4148 is hereby amended to read as follows:
29 25-4148. (a) Every treasurer shall file a report prescribed by this
30 section. Reports filed by treasurers for candidates for state office,
31 other than officers elected on a state-wide basis, shall be filed in
32 both the office of the secretary of state and in the office of the
33 county election officer of the county in which the candidate is a
34 resident. Reports filed by treasurers for candidates for state-wide
35 office shall be filed only with the secretary of state. Reports filed
36 by treasurers for candidates for local office shall be filed in the
37 office of the county election officer of the county in which the
38 candidate is a resident. Except as otherwise provided by subsection
39 (h), all such reports shall be filed in time to be received in the
40 offices required on or before each of the following days:
41 [(1) The eighth day preceding the primary election, which re-
42 port shall be for the period beginning on January 1 of the election
43 year for the office the candidate is seeking and ending 12 days
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1 before the primary election, inclusive;
2 [(2) the eighth day preceding a general election, which report
3 shall be for the period beginning 11 days before the primary elec-
4 tion and ending 12 days before the general election, inclusive;
5 [(3) January 10 of the year after an election year, which report
6 shall be for the period beginning 11 days before the general elec-
7 tion and ending on December 31, inclusive;
8 [(4) for any calendar year when no election is held, a report
9 shall be filed on the next January 10 for the preceding calendar
10 year; except that the report filed January 10, 1990, shall include in ad-
11 dition to calendar year 1989 the month of December 1988;
12 [(5) a treasurer need only file the annual report required by
13 subsection (4) for those years when the candidate is not partici-
14 pating in a primary or general election.
15 [(b) Each report required by this section shall state:
16 [(1) Cash on hand on the first day of the reporting period;
17 [(2) the name and address of each person who has made one
18 or more contributions in an aggregate amount or value in excess
19 of $50 during the election period together with the amount and
20 date of such contributions, including the name and address of
21 every lender, guarantor and endorser when a contribution is in
22 the form of an advance or loan;
23 [(3) the aggregate amount of all proceeds from bona fide sales
24 of political materials such as, but not limited to, political campaign
25 pins, buttons, badges, flags, emblems, hats, banners and literature;
26 [(4) the aggregate amount of contributions for which the name
27 and address of the contributor is not known;
28 [(5) each contribution, rebate, refund or other receipt not oth-
29 erwise listed;
30 [(6) the total of all receipts;
31 [(7) the name and address of each person to whom expendi-
32 tures have been made in an aggregate amount or value in excess
33 of $50, with the amount, date, and purpose of each and the names
34 and addresses of all persons to whom any loan or advance has been
35 made; when an expenditure is made by payment to an advertising
36 agency, public relations firm or political consultants for disburse-
37 ment to vendors, the report of such expenditure shall show in de-
38 tail the name of each such vendor and the amount, date and pur-
39 pose of the payments to each;
40 [(8) the name and address of each person from whom an in-
41 kind contribution was received or who has paid for personal serv-
42 ices provided without charge to or for any candidate, candidate
43 committee, party committee or political committee, if the contri-
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1 bution is in excess of $50 and is not otherwise reported under
2 subsection (b)(7), and the amount, date and purpose of the contri-
3 bution;
4 [(9) the aggregate of all expenditures not otherwise reported
5 under this section; and
6 [(10) the name and address of each candidate for state or local office
7 for whom an independent expenditure has been made in an aggregate
8 amount or value in excess of $50, with the amount, date and purpose of
9 each. The provisions of this subsection apply to political committees and
10 party committees; and
11 [(10) (11) the total of expenditures.
12 [(c) Treasurers of candidates and of candidate committees
13 shall be required to itemize, as provided in subsection (b)(2), only
14 the purchase of tickets or admissions to testimonial events by a
15 person who purchases such tickets or admissions in an aggregate
16 amount or value in excess of $50 per event, or who purchases such
17 a ticket or admission at a cost exceeding $25 per ticket or admis-
18 sion. All other purchases of tickets or admissions to testimonial
19 events shall be reported in an aggregate amount and shall not be
20 subject to the limitations specified in K.S.A. 25-4154 and amend-
21 ments thereto.
22 [(d) If a contribution or other receipt from a political commit-
23 tee is required to be reported under subsection (b), the report shall
24 include the full name of the organization with which the political
25 committee is connected or affiliated or, name or description suf-
26 ficiently describing the affiliation or, if the committee is not con-
27 nected or affiliated with any one organization, the trade, profes-
28 sion or primary interest of contributors of the political committee.
29 [(e) The commission may require any treasurer to file an
30 amended report for any period for which the original report filed
31 by such treasurer contains material errors or omissions, and notice
32 of the errors or omissions shall be part of the public record. The
33 amended report shall be filed within 30 days after notice by the
34 commission.
35 [(f) The commission may require any treasurer to file a report
36 for any period for which the required report is not on file, and
37 notice of the failure to file shall be part of the public record. Such
38 report shall be filed within five days after notice by the commis-
39 sion.
40 [(g) For the purpose of any report required to be filed pursuant
41 to subsection (a) by the treasurer of any candidate seeking nomi-
42 nation by convention or caucus or by the treasurer of the candi-
43 date's committee or by the treasurer of any party committee or
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1 political committee of which the primary purpose is supporting or
2 opposing the nomination of any such candidate, the date of the
3 convention or caucus shall be considered the date of the primary
4 election.
5 [(h) If a report is sent by certified or registered mail on or
6 before the day it is due, the mailing shall constitute receipt by that
7 office.
8 [Sec. 3. K.S.A. 25-4172 is hereby amended to read as follows:
9 25-4172. (a) Except as provided by subsection (b), any combination
10 of three or more individuals or a person other than an individual,
11 not domiciled in this state, which makes or intends to make a con-
12 tribution or contributions to a candidate, candidate committee,
13 party committee or political committee in this state shall either:
14 [(1) Prepare a verified statement containing: (A) The names
15 and addresses of the responsible individuals; (B) the name and
16 address of each person who has made one or more contributions
17 to such out-of-state combination of individuals or person other
18 than an individual in an aggregate amount in excess of $50 within
19 the preceding 12 months, together with the amount and date of
20 such contributions; and (C) the aggregate amount of all other con-
21 tributions to such out-of-state combination of individuals or person
22 other than an individual within the preceding 12 months. Such
23 statement shall be filed in the office of the secretary of state at the
24 times prescribed for the filing of reports of treasurers by K.S.A.
25 25-4148, and amendments thereto; or
26 [(2) file a statement of organization as provided by K.S.A. 25-
27 4145, and amendments thereto, establish a separate fund for the
28 purpose of receiving contributions and making expenditures re-
29 lating to any election for state office in this state and file statements
30 and reports involving such fund in the manner provided by K.S.A.
31 25-4148, and amendments thereto, for political committees and
32 party committees. Any transfer from another fund to the separate
33 fund herein provided for shall be subject to the requirements of
34 provision (1).
35 [(b) The provisions of subsection (a) shall not apply to: (1) Any
36 political party having a national organization which reports under federal
37 law; (2) A bona fide corporation organized under the laws of an-
38 other state; or (3) (2) a union, if the contribution is made from
39 union funds.
40 [(c) Each combination of individuals or person other than an
41 individual which is subject to this section shall maintain, in its own
42 records, the name and address of any person who has made one
43 or more contributions to such combination of individuals or person
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1 other than an individual, together with the amount and date of
2 such contributions, regardless of whether such information is re-
3 quired to be reported.]
4 [Sec. 4. K.S.A. 25-4169a is hereby amended to read as follows:
5 25-4169a. (a) No officer or employee of the state of Kansas, any
6 county, any unified school district having 35,000 or more pupils
7 regularly enrolled, any city of the first class or the board of public
8 utilities of the city of Kansas City, Kansas, shall use or authorize
9 the use of public funds or public vehicles, machinery, equipment or
10 supplies or other property of any such governmental agency or the
11 time of any officer or employee of any such governmental agency,
12 for which the officer or employee is compensated by such govern-
13 mental agency, for the purpose of influencing the nomination or
14 election of any candidate to state office or local office. The provi-
15 sions of this section prohibiting the use of time of any officer or
16 employee for such purposes shall not apply to an incumbent officer
17 campaigning for nomination or reelection to a succeeding term to
18 such office or to members of the personal staff of any elected officer.
19 The provisions of this section prohibiting the use of property of any such
20 governmental agency shall not apply to the use of facilities of any such
21 governmental agency for the holding of public forums, debates or events
22 to which all candidates have equal access.
23 [(b) Any person violating the provisions of this section shall be
24 guilty of a class C misdemeanor.
25 [New Sec. 5. (a) No officer or employee of any unified school
26 district, having less than 35,000 pupils enrolled in the preceding
27 school year, shall use or authorize the use of public funds or public
28 vehicles, machinery, equipment, supplies or other property of such
29 district or the time of any officer or employee of any such district,
30 for which the officer of employee is compensated by such district,
31 for the purpose of influencing the nomination or election of any
32 candidate to a school district office or other local office or state
33 office. The provisions of this section prohibiting the use of school
34 property shall not apply to the use of school facilities for the holding
35 of public forums, debates or events to which all candidates have
36 equal access.
37 [(b) Any person violating the provisions of this section shall be
38 guilty of a class C misdemeanor.]
39 [New Sec. 4 [6]. No officer or employee of the state of Kansas,
40 any county, any unified school district having 35,000 or more pupils
41 regularly enrolled in the preceding school year, any city of the first
42 class or the board of public utilities of the city of Kansas City, Kan-
43 sas, responsible for the disbursement of funds in payment of wages
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1 or salaries shall withhold or divert a portion of an employee's wages
2 or salaries for contributions to political committees for use as po-
3 litical contributions except upon the written request of the em-
4 ployee. The request shall be made only on a form prescribed by the
5 Kansas commission on governmental standards and conduct which
6 form shall contain a clear and unambiguous statement that the em-
7 ployee may choose not to make such request for deduction and may
8 opt to not return the form to the employer. The form may only be
9 filled out as to the amount of deduction by the employee and must
10 be signed by the employee in order to be valid. The request shall
11 be valid for no more than 12 months from the date it is signed.
12 [New Sec. 5 [7]. No officer or employee of any municipality or
13 political subdivision of the state described in K.S.A. 25-901, and
14 amendments thereto, responsible for the disbursement of funds in
15 payment of wages or salaries shall withhold or divert a portion of
16 an employee's wages or salaries for contributions to political com-
17 mittees or for use as political contributions except upon the written
18 request of the employee. The request shall be made only on a form
19 prescribed by the Kansas commission on governmental standards
20 and conduct which form shall contain a clear and unambiguous
21 statement that the employee may choose not to make such request
22 for deduction and may opt to not return the form to the employer.
23 The form may only be filled out as to the amount of deduction by
24 the employee and must be signed by the employee in order to be
25 valid. The request shall be valid for no more than 12 months from
26 the date it is signed.]
27 Sec. 2 [4]. [K.S.A. 25-4148[, 25-4169a] and 25-4172 and] K.S.A.
28 1996 Supp. 25-4157a is [are] hereby repealed.
29 [Sec. 4 [8]. K.S.A. 25-4156 is hereby amended to read as fol-
30 lows: 25-4156. (a) (1) Whenever any person sells space in any news-
31 paper, magazine or other periodical to a candidate or to a candidate
32 committee, party committee or political committee, the charge made
33 for the use of such space shall not exceed the charges made for
34 comparable use of such space for other purposes.
35 [(2) Intentionally charging an excessive amount for political ad-
36 vertising is a class A misdemeanor.
37 [(b) (1) Corrupt political advertising of a state or local office
38 is:
39 [(A) Publishing or causing to be published in a newspaper or
40 other periodical any paid matter which is designed or tends to aid,
41 injure or defeat any candidate for nomination or election to a state
42 or local office, unless such matter is followed by the word ``adver-
43 tisement'' or the abbreviation ``adv.'' in a separate line together with
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1 the name of the chairperson or treasurer of the political or other
2 organization inserting the same or sponsoring the same and the name
3 of the person individual who is responsible therefor and the city and
4 state of residence of such individual or the city and state in which the
5 primary office of such organization is located;
6 [(B) publishing or causing to be published any brochure, flier or other
7 political fact sheet which is designed or tends to aid, injure or defeat any
8 candidate for nomination or election to a state or local office, unless such
9 matter is followed by the name of the chairperson or treasurer of the
10 political or other organization sponsoring the same and the name of the
11 individual who is responsible therefor and the city and state of residence
12 of such individual or the city and state in which the primary office of
13 such organization is located; or
14 [or (C) broadcasting or causing to be broadcast by any radio or
15 television station any paid matter which is designed or tends to aid,
16 injure or defeat any candidate for nomination or election to a state
17 or local office, unless such matter is followed by a statement that
18 the preceding was an advertisement together with the name of the
19 chairperson of the political or other organization sponsoring the
20 same or and the name of the person individual who is responsible
21 therefor and the city and state of residence of such individual or the city
22 and state in which the primary office of such organization is located.
23 [(2) The provisions of this subsection requiring the disclosure of the
24 name of an individual shall not apply to individuals making expenditures
25 in an aggregate amount of less than $100 within a calendar year.
26 [(2) (3) Corrupt political advertising of a state or local office is
27 a class C misdemeanor.
28 [(c) (1) Unfair political advertising involving a state office is the use
29 of a candidate's voting record, on any legislative measure which involved
30 more than one material issue in such legislative measure, in any paid
31 political advertising without including in such political advertising, a
32 statement that other issues were included in the legislative measure which
33 are not addressed in the advertisement.
34 [(2) Unfair political advertising involving a state officer is a class C
35 misdemeanor.
36 [(d) It shall be a defense to a prosecution or imposition of a civil fine
37 under this section if the defendant has secured a written certification from
38 the person responsible for the advertising that such person has included
39 the information required by this section in such advertisement.
40 [Sec. 5 [9]. K.S.A. 25-4150 is hereby amended to read as fol-
41 lows: 25-4150.
42 [(a) Except as specifically provided by this section, the words and
43 phrases used in this section shall have the same meaning ascribed thereto
HB 2315--Am. by SCW
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1 by K.S.A. 25-4143, and amendments thereto.
2 [(b) When used in this section:
3 [(1) ``Person'' means a person as defined by K.S.A. 25-4143, and
4 amendments thereto, who makes expenditures in an aggregate amount of
5 $100 or more within a calendar year.
6 [(2) ``Expenditure'' means:
7 [(A) Any purchase, payment, distribution, loan, advance, deposit or
8 gift of money or any other thing of value made for the purpose of:
9 [(i) Directly or indirectly influencing the nomination or election of
10 any candidate; or (ii) providing information which has the effect of di-
11 rectly or indirectly influencing the nomination or election of any candi-
12 date; or (iii) influencing the outcome of any election;
13 [(B) any contract to make an expenditure;
14 [(C) a transfer of funds between any two or more candidate commit-
15 tees, party committees or political committees; and
16 [(D) payment of a candidate's filing fees.
17 [(3) ``Expenditure'' does not include:
18 [(A) The value of volunteer services provided without compensation;
19 [(B) costs to a volunteer incidental to the rendering of volunteer serv-
20 ices not exceeding a fair market value of $50 during an allocable election
21 period as provided in K.S.A. 25-4149 and amendments thereto;
22 [(C) payment by a candidate or candidate's spouse for personal
23 meals, lodging and travel by personal automobile of the candidate or can-
24 didate's spouse while campaigning or payment of such costs by the treas-
25 urer of a candidate or candidate committee;
26 [(D) the value of goods donated to events such as testimonial events,
27 bake sales, garage sales and auctions by any person not exceeding fair
28 market value of $50 per event;
29 [(E) any communication by an incumbent elected state or local officer
30 with one or more individuals unless the primary purpose thereof is to
31 directly or indirectly influence the nomination or election of any candidate
32 or providing information which has the effect of directly or indirectly
33 influencing the nomination or election of any candidate;
34 [(F) costs associated with internal organizational communications of
35 business, labor, professional or other associations;
36 [(G) costs associated with any news story, commentary or editorial
37 distributed in the ordinary course of business by a broadcasting station,
38 newspaper, other periodical publication or by internet communication; or
39 [(H) costs associated with nonpartisan activities designed to encour-
40 age individuals to register to vote or to vote.
41 [(c) Prior to making an expenditure, any person who is not subject to
42 the provisions of K.S.A. 25-4144, 25-4145, or 25-4172, and amendments
43 thereto, shall make and file a statement of intent of expenditure. For the
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1 purposes of this subsection person shall not include persons who make
2 contributions to a candidate or candidate committee. Such statement shall
3 be filed in the office of the secretary of state. If the expenditure is to
4 support or oppose any candidate for local office, such statement shall be
5 filed in the office of the county clerk of the county in which such person
6 is on the ballot. Every statement of intent shall include:
7 [(1) The name and address of the person;
8 [(2) the name and address of the chairperson of the organization, if
9 the person is not an individual; and
10 [(3) the full name and address of any organization with which the
11 person is connected or affiliated or, name or description sufficiently de-
12 scribing the affiliation or, if the person is not connected or affiliated with
13 any one organization, the trade, profession or primary interest of con-
14 tributors of the person.
15 [(d) Each person subject to this section shall maintain, in such per-
16 son's own records, the name and address of any person, including an
17 individual, who has made one or more contributions to such person, to-
18 gether with the amount and date of such contributions, regardless of
19 whether such information is required to be reported.
20 [(e) Any change in information previously reported in a statement of
21 intent shall be reported on a supplemental statement of intent and filed
22 not later than 10 days following the change.
23 [(f) (1) Prior to making an expenditure any person required to file a
24 statement of intent pursuant to this section shall register annually with
25 the commission on or before July 1 of each year. Such registration shall
26 be in the form and contain such information as may be required by the
27 commission.
28 [(2) Each registration by a person anticipating the expenditure of
29 $2,501 or more in any calendar year shall be accompanied by an annual
30 registration fee of $200.
31 [(3) Each registration by a person anticipating the expenditure of
32 more than $500 but less than $2,501 in any calendar year shall be accom-
33 panied by an annual registration fee of $30.
34 [(4) Each registration by a person anticipating the expenditure of
35 $500 or less in any calendar year shall be accompanied by an annual
36 registration fee of $15.
37 [(5) Any person which is currently registered under subsection (f)(3)
38 or (f)(4) and which expends in excess of $2,500 for a calendar year, shall
39 file, within three days of the date when expenditures exceed such amount,
40 an amended registration form which shall be accompanied by an addi-
41 tional fee for such year equal to the difference between $200 and the
42 amount of the fee that accompanied the current registration.
43 [(6) Any person which is currently registered under subsection (f)(4)
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1 and which expends in excess of $500 but less than $2,501, shall file, within
2 three days of the date when expenditures exceed $500, an amended reg-
3 istration form which shall be accompanied by an additional fee of $15 for
4 such year.
5 [(g) All such fees received by or for the commission shall be remitted
6 to the state treasurer at least monthly. Upon receipt of each such remit-
7 tance, the state treasurer shall deposit the entire amount in the state treas-
8 ury to the credit of the Kansas commission on governmental standards
9 and conduct fee fund.
10 [(h) Every person, other than a candidate or a candidate com-
11 mittee, party committee or political committee, who makes contri-
12 butions or expenditures, other than by contribution to a candidate
13 or a candidate committee, party committee or political committee,
14 in an aggregate amount of $100 or more within a calendar year
15 shall make statements containing the information required by
16 K.S.A. 25-4148 and amendments thereto, and file them in the office
17 or offices required so that each such statement is in such office or
18 offices on the day specified in K.S.A. 25-4148 and amendments
19 thereto. If such contributions or expenditures are made to support
20 or oppose a candidate for state office, other than that of an officer
21 elected on a state-wide basis such statement shall be filed in both
22 the office of the secretary of state and in the office of the county
23 election officer of the county in which the candidate is a resident on
24 the ballot. If such contributions or expenditures are made to support
25 or oppose a candidate for statewide office such statement shall be
26 filed only in the office of the secretary of state. If such contributions
27 or expenditures are made to support or oppose a candidate for local
28 office such statement shall be filed in the office of the county elec-
29 tion officer of the county in which the candidate is a resident. Re-
30 ports made under this section need not be cumulative.
31 [Sec. 6 [10]. K.S.A. 1996 Supp. 25-4152 is hereby amended to
32 read as follows: 25-4152. (a) The commission shall send a notice by
33 registered or certified mail to any person failing to file any report
34 or statement required by K.S.A. 25-4144, 25-4145 or 25-4148, 25-
35 4148 or 25-4150, and amendments thereto, and to the candidate ap-
36 pointing any treasurer failing to file any such report, within the
37 time period prescribed therefor. The notice shall state that the re-
38 quired report or statement has not been filed with either the office
39 of secretary of state or county election officer or both. The person
40 failing to file any report or statement, and the candidate appointing
41 any such person, shall be responsible for the filing of such report
42 or statement. The notice also shall also state that such person shall
43 have 15 days from the date such notice is deposited in the mail to
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1 comply with the registration and reporting requirements before a
2 civil penalty shall be imposed for each day that the required doc-
3 uments remain unfiled. If such person fails to comply within the
4 prescribed period, such person shall pay to the state a civil penalty
5 of $10 per day for each day that such report or statement remains
6 unfiled, except that no such civil penalty shall exceed $300. The
7 commission may waive, for good cause, payment of any civil penalty
8 imposed by this section.
9 [(b) Civil penalties provided for by this section shall be paid to
10 the state treasurer, who shall deposit the same in the state treasury
11 to the credit of the Kansas commission on governmental standards
12 and conduct fee fund.
13 [(c) If a person fails to pay a civil penalty provided for by this
14 section, it shall be the duty of the attorney general or county or
15 district attorney to bring an action to recover such civil penalty in
16 the district court of the county in which such person resides.
17 [Sec. 7 [11]. K.S.A. 25-4148, 25-4150, 25-4156 and 25-4172
18 and K.S.A. 1996 Supp. 25-4152 and 25-4157a are hereby repealed.]
19 Sec. 3 [5] [12]. This act shall take effect and be in force from and
20 after its publication in the statute book.