HB 2328--
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Session of 1997
HOUSE BILL No. 2328
By Representatives Findley, Alldritt, Crow, Flora, Garner, Gilbert,
Henry, Kirk, Kuether, Phelps, Ruff, Spangler, Toelkes, Vickrey and
Wempe
2-12
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AN ACT concerning campaign finance; concerning reports required by
treasurer and contributors; amending K.S.A. 25-4148 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-4148 is hereby amended to read as follows: 25-
4148. (a) Every treasurer shall file a report prescribed by this section.
Reports filed by treasurers for candidates for state office, other than of-
ficers elected on a state-wide basis, shall be filed in both the office of the
secretary of state and in the office of the county election officer of the
county in which the candidate is a resident. Reports filed by treasurers
for candidates for state-wide office shall be filed only with the secretary
of state. Reports filed by treasurers for candidates for local office shall be
filed in the office of the county election officer of the county in which
the candidate is a resident. Except as otherwise provided by subsection
(h), all such reports shall be filed in time to be received in the offices
required on or before each of the following days:
(1) The eighth day preceding the primary election, which report shall
be for the period beginning on January 1 of the election year for the office
the candidate is seeking and ending 12 days before the primary election,
inclusive;
(2) the eighth day preceding a general election, which report shall be
for the period beginning 11 days before the primary election and ending
12 days before the general election, inclusive;
(3) January 10 of the year after an election year, which report shall
be for the period beginning 11 days before the general election and end-
ing on December 31, inclusive;
(4) for any calendar year when no election is held, a report shall be
filed on the next January 10 for the preceding calendar year; except that
the report filed January 10, 1990, shall include in addition to calendar
year 1989 the month of December 1988;
(5) a treasurer need only file the annual report required by subsection
paragraph (4) for those years when the candidate is not participating in
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1 a primary or general election.
2 (b) Each report required by this section shall state:
3 (1) Cash on hand on the first day of the reporting period;
4 (2) the name and address of each person who has made one or more
5 contributions in an aggregate amount or value in excess of $50 $10 during
6 the election period together with the amount and date of such contri-
7 butions, including the name and address of every lender, guarantor and
8 endorser when a contribution is in the form of an advance or loan;
9 (3) the aggregate amount of all proceeds from bona fide sales of po-
10 litical materials such as, but not limited to, political campaign pins, but-
11 tons, badges, flags, emblems, hats, banners and literature;
12 (4) the aggregate amount of contributions for which the name and
13 address of the contributor is not known. The amount of such aggregate
14 contributions shall not exceed 2% of all receipts;
15 (5) each contribution, rebate, refund or other receipt not otherwise
16 listed;
17 (6) the total of all receipts;
18 (7) the name and address of each person to whom expenditures have
19 been made in an aggregate amount or value in excess of $50 $10, with
20 the amount, date, and purpose of each and the names and addresses of
21 all persons to whom any loan or advance has been made; when an ex-
22 penditure is made by payment to an advertising agency, public relations
23 firm or political consultants for disbursement to vendors, the report of
24 such expenditure shall show in detail the name of each such vendor and
25 the amount, date and purpose of the payments to each;
26 (8) the name and address of each person from whom an in-kind con-
27 tribution was received or who has paid for personal services provided
28 without charge to or for any candidate, candidate committee, party com-
29 mittee or political committee, if the contribution is in excess of $50 $10
30 and is not otherwise reported under subsection (b)(7), and the amount,
31 date and purpose of the contribution;
32 (9) the aggregate of all expenditures not otherwise reported under
33 this section. The amount of such aggregate expenditures shall not exceed
34 2% of the total expenditures; and
35 (10) the total of expenditures.
36 (c) Treasurers of candidates and of candidate committees shall be
37 required to itemize, as provided in subsection (b)(2), only the purchase
38 of tickets or admissions to testimonial events by a person who purchases
39 such tickets or admissions in an aggregate amount or value in excess of
40 $50 $10 per event, or who purchases such a ticket or admission at a cost
41 exceeding $25 $10 per ticket or admission. All other purchases of tickets
42 or admissions to testimonial events shall be reported in an aggregate
43 amount and shall not be subject to the limitations specified in K.S.A. 25-
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1 4154, and amendments thereto. The amount of such aggregate amount
2 shall not exceed 2% of the amount of such tickets or admissions.
3 (d) If a contribution or other receipt from a political committee is
4 required to be reported under subsection (b), the report shall include the
5 full name of the organization with which the political committee is con-
6 nected or affiliated or, name or description sufficiently describing the
7 affiliation or, if the committee is not connected or affiliated with any one
8 organization, the trade, profession or primary interest of contributors of
9 the political committee.
10 (e) The commission may require any treasurer to file an amended
11 report for any period for which the original report filed by such treasurer
12 contains material errors or omissions, and notice of the errors or omissions
13 shall be part of the public record. The amended report shall be filed
14 within 30 days after notice by the commission.
15 (f) The commission may require any treasurer to file a report for any
16 period for which the required report is not on file, and notice of the failure
17 to file shall be part of the public record. Such report shall be filed within
18 five days after notice by the commission.
19 (g) For the purpose of any report required to be filed pursuant to
20 subsection (a) by the treasurer of any candidate seeking nomination by
21 convention or caucus or by the treasurer of the candidate's committee or
22 by the treasurer of any party committee or political committee of which
23 the primary purpose is supporting or opposing the nomination of any such
24 candidate, the date of the convention or caucus shall be considered the
25 date of the primary election.
26 (h) If a report is sent by certified or registered mail on or before the
27 day it is due, the mailing shall constitute receipt by that office.
28 Sec. 2. K.S.A. 25-4148 is hereby repealed.
29 Sec. 3. This act shall take effect and be in force from and after its
30 publication in the statute book.