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- HB 2315--Am. by SCW
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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
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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.