H Sub. for SB 112--
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Session of 1997
House Substitute for SENATE BILL No. 112
By Committee on Governmental Organization and
Elections
3-24
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9 AN ACT concerning campaign finance; changing the name of the Kansas
10 commission on governmental standards and conduct; limiting certain
11 contributions; imposing certain penalties; amending K.S.A. 25-4119a,
12 25-4119e, 25-4153a, 25-4180, 46-246a, 46-253, 46-280 and 46-288 and
13 K.S.A. 1996 Supp. 25-4119f, 25-4143, 25-4145, 25-4152, 25-4181, 25-
14 4186, 46-236, 46-237, 46-265, 75-4302a and 75-4303a and repealing
15 the existing sections.
16
17 Be it enacted by the Legislature of the State of Kansas:
18 Section 1. K.S.A. 25-4119a is hereby amended to read as follows: 25-
19 4119a. (a) There is hereby created the Kansas commission on govern-
20 mental standards and conduct.
21 (b) On July 1, 1997, the Kansas commission on governmental stan-
22 dards and conduct is hereby redesignated as the governmental ethics com-
23 mission. On and after July 1, 1997, whenever the Kansas commission on
24 governmental standards and conduct, or words of like effect, is referred
25 to or designated by a statute, contract or other document, such reference
26 or designation shall be deemed to apply to the governmental ethics com-
27 mission. Nothing in this act shall be construed as abolishing and rees-
28 [chtablishing the commission. The commission shall consist of nine members
29 of whom two shall be appointed by the governor, one by the president
30 of the senate, one by the speaker of the house of representatives, one by
31 the minority leader of the house of representatives, one by the minority
32 leader of the senate, one by the chief justice of the supreme court, one
33 by the attorney general and one by the secretary of state. The terms of
34 such members shall be as follows: The member appointed by the gov-
35 ernor serving on the effective date of this act and the members appointed
36 by the speaker of the house of representatives and the president of the
37 senate shall serve until January 31, 1991; the additional member ap-
38 pointed by the governor and the members appointed by the attorney
39 general and the secretary of state shall serve until January 31, 1992; the
40 members appointed by the minority leader of the house of representatives
41 and by the minority leader of the senate shall serve until January 31, 1993;
42 and the member appointed by the chief justice of the supreme court shall
43 serve until January 31, 1994. Nothing in this act shall be construed as
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1 affecting the terms of members serving on July 1, 1997. Not more than
2 five members of the commission shall be members of the same political
3 party and the two members appointed by the governor shall not be mem-
4 bers of the same political party.
5 (b) (c) The terms of all subsequently appointed members shall be two
6 years commencing on February 1 of the appropriate years. Vacancies
7 occurring on the commission shall be filled for the unexpired term by the
8 same appointing officer as made the original appointment. Members shall
9 serve until their successors are appointed and qualified. The governor
10 shall designate one of the members appointed by the governor to be the
11 chairperson of the commission. A majority vote of five members of the
12 commission shall be required for any action of the commission. The com-
13 mission may adopt rules to govern its proceedings and may provide for
14 such officers other than the chairperson as it may determine. The com-
15 mission shall meet at least once each quarter, and also shall meet on call
16 of its chairperson or any four members of the commission. Members of
17 the commission attending meetings of such commission, or attending a
18 subcommittee meeting thereof authorized by such commission, shall be
19 paid compensation, subsistence allowances, mileage and other expenses
20 as provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223, and
21 amendments thereto. The commission shall appoint an executive director
22 who shall be in the unclassified service and receive compensation fixed
23 by the commission, in accordance with appropriation acts of the legisla-
24 ture, subject to approval by the governor. The commission may employ
25 such other staff and attorneys as it determines, within amounts appro-
26 priated to the commission, all of whom shall be in the unclassified service
27 and shall receive compensation fixed by the commission and not subject
28 to approval by the governor.
29 (c) (d) The commission may adopt rules and regulations for the ad-
30 ministration of the campaign finance act. Subject to K.S.A. 25-4178, and
31 amendments thereto, rules and regulations adopted by the commission
32 created prior to this act shall continue in force and effect and shall be
33 deemed to be the rules and regulations of the commission created by this
34 section of this enactment, until revised, amended, repealed or nullified
35 pursuant to law. All rules and regulations of the commission shall be
36 subject to the provisions of article 4 of chapter 77 of Kansas Statutes
37 Annotated. The commission shall continue to administer all of the acts
38 administered by the commission to which it is successor.
39 (d) (e) The commission may provide copies of opinions, informational
40 materials compiled and published by the commission and public records
41 filed in the office of the commission to persons requesting the same and
42 may adopt rules and regulations fixing reasonable fees therefor. All fees
43 collected by the commission under the provisions of this subsection shall
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1 be paid to the state treasurer who shall deposit the same in the state
2 treasury to the credit of the Kansas governmental ethics commission on
3 governmental standards and conduct fee fund.
4 (e) (f) The commission shall submit an annual report and recom-
5 mendations in relation to all acts administered by the commission to the
6 governor and to the legislative coordinating council on or before Decem-
7 ber 1 of each year. The legislative coordinating council shall transmit such
8 report and recommendations to the legislature.
9 (f) (g) Whenever the public disclosure commission Kansas commis-
10 sion on governmental standards and conduct, or words of like effect, is
11 referred to or designated by a statute, contract or other document, such
12 reference or designation shall be deemed to apply to the Kansas com-
13 mission on governmental standards and conduct created by this section
14 ethics commission.
15 Sec. 2. K.S.A. 25-4119e is hereby amended to read as follows: 25-
16 4119e. (a) There is hereby established in the state treasury the Kansas
17 governmental ethics commission on governmental standards and conduct
18 fee fund. All moneys credited to such fund shall be used for the operations
19 of the commission in the performance of powers, duties and functions
20 prescribed by law. All expenditures from such fund shall be made in
21 accordance with the provisions of appropriation acts and upon warrants
22 of the director of accounts and reports issued pursuant to vouchers ap-
23 proved by the chairperson of the commission or the chairperson's des-
24 ignee.
25 (b) The director of accounts and reports is hereby directed to transfer
26 all moneys in the Kansas commission on governmental standards and
27 conduct fee fund to the governmental ethics commission fee fund estab-
28 lished pursuant to subsection (a). All liabilities of the Kansas commission
29 on governmental standards and conduct fee fund existing prior to July 1,
30 1997, are hereby imposed on the governmental ethics commission fee fund
31 established pursuant to subsection (a). The Kansas commission on gov-
32 ernmental standards and conduct fee fund is hereby abolished.
33 Sec. 3. K.S.A. 1996 Supp. 25-4119f is hereby amended to read as
34 follows: 25-4119f. (a) In addition to any other fee required by law, every
35 person becoming a candidate for the following offices shall pay a fee at
36 the time of filing for such office in the amount prescribed by this section:
37 (1) Governor and lieutenant governor $400;
38 (2) state offices elected by statewide election, other than the governor and lieutenant governor
$400;
39 (3) state senator, state representative, state board of education, district attorney, board of public
utilities of the city of Kansas City and elected county offices $30;
40 and
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1 (4) members of boards of education of unified school districts having 35,000 or more pupils regularly
enrolled in the preceding school year, members of governing bodies of cities of the first class and judges of the district
court in judicial districts in which judges are elected $30.
2 (b) The secretary of state shall remit all fees received by that office
3 to the state treasurer. County election officers receiving fees in accord-
4 [chance with this section shall remit such fees to the county treasurer of the
5 county who shall quarterly remit the same to the state treasurer. Upon
6 receipt of such remittance, the state treasurer shall deposit the entire
7 amount in the state treasury to the credit of the Kansas governmental
8 ethics commission on governmental standards and conduct fee fund.
9 Sec. 4. K.S.A. 1996 Supp. 25-4143 is hereby amended to read as
10 follows: 25-4143. As used in the campaign finance act, unless the context
11 otherwise requires:
12 (a) ``Candidate'' means an individual who: (1) Appoints a treasurer or
13 a candidate committee,;
14 (2) makes a public announcement of intention to seek nomination or
15 election to state or local office,;
16 (3) makes any expenditure or accepts any contribution for the pur-
17 pose of influencing such person's nomination or election to any state or
18 local office,; or
19 (4) files a declaration or petition to become a candidate for state or
20 local office.
21 (b) ``Candidate committee'' means a committee appointed by a can-
22 didate to receive contributions and make expenditures for the candidate.
23 (c) ``Commission'' means the Kansas governmental ethics commission
24 on governmental standards and conduct created by K.S.A. 25-4119a and
25 amendments thereto.
26 (d) (1) ``Contribution'' means:
27 (A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
28 ment of money or any other thing of value made for the purpose of
29 influencing the nomination or election of any individual to state or local
30 office;
31 (B) a transfer of funds between any two or more candidate commit-
32 tees, party committees or political committees;
33 (C) the payment, by any person other than a candidate, candidate
34 committee, party committee or political committee, of compensation to
35 an individual for the personal services rendered without charge to or for
36 a candidate's campaign or to or for any such committee;
37 (D) the purchase of tickets or admissions to, or advertisements in
38 journals or programs for, testimonial events;
39 (E) a mailing of materials designed to influence the nomination or
40 election of a candidate, which is made and paid for by a party committee
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1 with the consent of such candidate.
2 (2) ``Contribution'' does not include:
3 (A) The value of volunteer services provided without compensation;
4 (B) costs to a volunteer related to the rendering of volunteer services
5 not exceeding a fair market value of $50 during an allocable election
6 period as provided in K.S.A. 25-4149, and amendments thereto;
7 (C) payment by a candidate or candidate's spouse for personal meals,
8 lodging and travel by personal automobile of the candidate or candidate's
9 spouse while campaigning;
10 (D) the value of goods donated to events such as testimonial events,
11 bake sales, garage sales and auctions by any person not exceeding a fair
12 market value of $50 per event.
13 (e) ``Election'' means:
14 (1) A primary or general election for state or local office; and
15 (2) a convention or caucus of a political party held to nominate a
16 candidate for state or local office.
17 (f) (1) ``Expenditure'' means:
18 (A) Any purchase, payment, distribution, loan, advance, deposit or
19 gift of money or any other thing of value made for the purpose of influ-
20 encing the nomination or election of any individual to state or local office;
21 (B) any contract to make an expenditure;
22 (C) a transfer of funds between any two or more candidate commit-
23 tees, party committees or political committees; or
24 (D) payment of a candidate's filing fees.
25 (2) ``Expenditure'' does not include:
26 (A) The value of volunteer services provided without compensation;
27 (B) costs to a volunteer incidental to the rendering of volunteer serv-
28 ices not exceeding a fair market value of $50 during an allocable election
29 period as provided in K.S.A. 25-4149, and amendments thereto;
30 (C) payment by a candidate or candidate's spouse for personal meals,
31 lodging and travel by personal automobile of the candidate or candidate's
32 spouse while campaigning or payment of such costs by the treasurer of a
33 candidate or candidate committee;
34 (D) the value of goods donated to events such as testimonial events,
35 bake sales, garage sales and auctions by any person not exceeding fair
36 market value of $50 per event; or
37 (E) any communication by an incumbent elected state or local officer
38 with one or more individuals unless the primary purpose thereof is to
39 influence the nomination or election of a candidate.
40 (g) ``Party committee'' means:
41 (1) The state committee of a political party regulated by article 3 of
42 chapter 25 of the Kansas Statutes Annotated, or;
43 (2) the county central committee or the state committee of a political
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1 party regulated under article 38 of chapter 25 of the Kansas Statutes
2 Annotated or;
3 (3) the bona fide national organization or committee of those political
4 parties regulated by the Kansas Statutes Annotated, or;
5 (4) not more than one political committee established by the state
6 committee of any such political party and designated as a recognized
7 political committee for the senate or; or
8 (5) not more than one political committee established by the state
9 committee of any such political party and designated as a recognized
10 political committee for the house of representatives.
11 (h) ``Person'' means any individual, committee, corporation, partner-
12 ship, trust, organization or association.
13 (i) ``Political committee'' means any combination of two or more in-
14 dividuals or any person other than an individual, a major purpose of which
15 is to support or oppose any candidate for state or local office, but not
16 including any candidate committee or party committee.
17 (j) ``Receipt'' means a contribution or any other money or thing of
18 value, but not including volunteer services provided without compensa-
19 tion, received by a treasurer in the treasurer's official capacity.
20 (k) ``State office'' means any state office as defined in K.S.A. 25-2505,
21 and amendments thereto.
22 (l) ``Testimonial event'' means an event held for the benefit of an
23 individual who is a candidate to raise funds for such candidate's campaign.
24 Testimonial events include but are not limited to dinners, luncheons,
25 rallies, barbecues and picnics.
26 (m) ``Treasurer'' means a treasurer of a candidate or of a candidate
27 committee, a party committee or a political committee appointed under
28 the campaign finance act or a treasurer of a combination of individuals
29 or a person other than an individual which is subject to paragraph (2) of
30 subsection (a) of K.S.A. 25-4172, and amendments thereto.
31 (n) ``Local office'' means a member of the governing body of a city
32 of the first class, any elected office of a unified school district having
33 35,000 or more pupils regularly enrolled in the preceding school year, a
34 member of the board of county commissioners of a county or of the board
35 of public utilities.
36 Sec. 5. K.S.A. 1996 Supp. 25-4145 is hereby amended to read as
37 follows: 25-4145. (a) Each party committee and each political committee
38 which anticipates receiving contributions or making expenditures shall
39 appoint a chairperson and a treasurer. The chairperson of each party
40 committee and each political committee which supports or opposes a
41 candidate for state office shall make a statement of organization and file
42 it with the secretary of state not later than 10 days after establishment of
43 such committee. The chairperson of each political committee, the major
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1 purpose of which is to support or oppose any candidate for local office,
2 shall make a statement of organization and file it with the county election
3 officer not later than 10 days after establishment of such committee.
4 (b) Every statement of organization shall include:
5 (1) The name and address of the committee;
6 (2) the names and addresses of the chairperson and treasurer of the
7 committee;
8 (3) the names and addresses of affiliated or connected organizations;
9 and
10 (4) in the case of a political committee, the full name of the organi-
11 zation with which the committee is connected or affiliated or, name or
12 description sufficiently describing the affiliation or, if the committee is
13 not connected or affiliated with any one organization, the trade, profes-
14 sion or primary interest of contributors of the political committee.
15 (c) Any change in information previously reported in a statement of
16 organization shall be reported on a supplemental statement of organiza-
17 tion and filed not later than 10 days following the change.
18 (d) (1) Each political committee which anticipates receiving contri-
19 butions shall register annually with the commission on or before July 1
20 of each year. Each political committee registration shall be in the form
21 and contain such information as may be required by the commission.
22 (2) Each registration by a political committee anticipating the receipt
23 of $2,501 or more in any calendar year shall be accompanied by an annual
24 registration fee of $200.
25 (3) Each registration by a political committee anticipating the receipt
26 of more than $500 but less than $2,501 in any calendar year shall be
27 accompanied by an annual registration fee of $30.
28 (4) Each registration by a political committee anticipating the receipt
29 of $500 or less in any calendar year shall be accompanied by an annual
30 registration fee of $15.
31 (5) Any political committee which is currently registered under sub-
32 section (d)(3) or (d)(4) and which receives contributions in excess of
33 $2,500 for a calendar year, shall file, within three days of the date when
34 contributions exceed such amount, an amended registration form which
35 shall be accompanied by an additional fee for such year equal to the
36 difference between $200 and the amount of the fee that accompanied
37 the current registration.
38 (6) Any political committee which is currently registered under sub-
39 section (d)(4) and which receives contributions in excess of $500 but
40 which are less than $2,501, shall file, within three days of the date when
41 contributions exceed $500, an amended registration form which shall be
42 accompanied by an additional fee of $15 for such year.
43 (e) All such fees received by or for the commission shall be remitted
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1 to the state treasurer at least monthly. Upon receipt of each such remit-
2 tance, the state treasurer shall deposit the entire amount in the state
3 treasury to the credit of the Kansas governmental ethics commission on
4 governmental standards and conduct fee fund.
5 Sec. 6. K.S.A. 1996 Supp. 25-4152 is hereby amended to read as
6 follows: 25-4152. (a) The commission shall send a notice by registered or
7 certified mail to any person failing to file any report or statement required
8 by K.S.A. 25-4144, 25-4145 or 25-4148, and amendments thereto, and to
9 the candidate appointing any treasurer failing to file any such report,
10 within the time period prescribed therefor. The notice shall state that the
11 required report or statement has not been filed with either the office of
12 secretary of state or county election officer or both. The person failing to
13 file any report or statement, and the candidate appointing any such per-
14 son, shall be responsible for the filing of such report or statement. The
15 notice shall also shall state that such person shall have 15 days from the
16 date such notice is deposited in the mail to comply with the registration
17 and reporting requirements before a civil penalty shall be imposed for
18 each day that the required documents remain unfiled. If such person fails
19 to comply within the prescribed period, such person shall pay to the state
20 a civil penalty of $10 per day for each day that such report or statement
21 remains unfiled, except that no such civil penalty shall exceed $300. The
22 commission may waive, for good cause, payment of any civil penalty im-
23 posed by this section.
24 (b) Civil penalties provided for by this section shall be paid to the
25 state treasurer, who shall deposit the same in the state treasury to the
26 credit of the Kansas governmental ethics commission on governmental
27 standards and conduct fee fund.
28 (c) If a person fails to pay a civil penalty provided for by this section,
29 it shall be the duty of the attorney general or county or district attorney
30 to bring an action to recover such civil penalty in the district court of the
31 county in which such person resides.
32 Sec. 7. K.S.A. 25-4153a is hereby amended to read as follows: 25-
33 4153a. No registered lobbyist or, political committee or person, other than
34 an individual, shall make a contribution as defined by subsection (d) of
35 K.S.A. 25-4143, and amendments thereto, to any legislator, candidate for
36 membership in the senate or house of representatives or, candidate com-
37 mittee for any such legislator or candidate, the committee established by
38 a state committee of any political party and designated as a recognized
39 political committee for the senate or house of representatives, a political
40 committee established to support or oppose candidates of a single party
41 in either the house of representatives or the senate, state officer elected
42 on a statewide basis, candidate for state office elected on a statewide basis
43 or candidate committee for any such officer or candidate after January 1
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1 and prior to May 15 of any year of each year and prior to adjournment
2 sine die of the regular session of the legislature or at any other time in
3 which the legislature is in session and. No such legislator, officer, candi-
4 date or committee shall accept or solicit any contribution as defined by
5 subsection (d) of K.S.A. 25-4143, and amendments thereto, from any
6 registered lobbyist or, political committee or person, other than an in-
7 dividual, during such period. No legislator, candidate for membership in
8 the senate or house of representatives or candidate committee for such
9 legislator or candidate shall solicit donations for any community, service,
10 civic, educational, youth, recreational, charitable, religious, scientific or
11 literary organization from any lobbyist or person, other than an individ-
12 ual, during such period.
13 Sec. 8. K.S.A. 25-4180 is hereby amended to read as follows: 25-
14 4180. (a) Every person who engages in any activity promoting or opposing
15 the adoption or repeal of any provision of the Kansas constitution and
16 who accepts moneys or property for the purpose of engaging in such
17 activity shall make an annual report to the secretary of state of individual
18 contributions or contributions in kind in an aggregate amount or value in
19 excess of $50 received during the preceding calendar year for such pur-
20 poses. The report shall show the name and address of each contributor
21 for the activity and the amount or value of the individual contribution
22 made, together with a total value of all contributions received, and shall
23 also account for expenditures in an aggregate amount or value in excess
24 of $50 from such contributions by showing the amount or value expended
25 to each payee and the purpose of each such expenditure, together with a
26 total value of all expenditures made. The annual report shall be filed on
27 or before February 15 of each year for the preceding calendar year.
28 In addition to the annual report, a person engaging in an activity pro-
29 moting the adoption or repeal of a provision of the Kansas constitution
30 who accepts any contributed moneys for such activity shall make a pre-
31 liminary report to the secretary of state 15 days prior to each election at
32 which a proposed constitutional amendment is submitted. Such report
33 shall show the name and address of each individual contributor, together
34 with the amount contributed or contributed in kind in an aggregate
35 amount or value in excess of $50, and the expenditures in an aggregate
36 amount or value in excess of $50 from such contributions by showing the
37 amount paid to each payee and the purpose of the expenditure. A sup-
38 plemental report in the same format as the preliminary report shall be
39 filed with the secretary of state within 15 days after any election on a
40 constitutional proposition where contributed funds are received and ex-
41 pended in opposing or promoting such proposition.
42 Any person who engages in any activity promoting or opposing the
43 adoption or repeal of any provision of the Kansas constitution shall be
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1 considered engaged in such activity upon the date the concurrent reso-
2 lution passes the Kansas house of representatives and senate in its final
3 form. Upon such date, if the person has funds in the constitutional
4 amendment campaign treasury, such person shall be required to report
5 such funds as provided by this section.
6 The word ``person'' as used herein means an individual, corporation,
7 partnership, association, organization or other legal entity.
8 (b) (1) The commission shall send a notice by registered or certified
9 mail to any person failing to file any report required by subsection (a)
10 within the time period prescribed therefor. The notice shall state that the
11 required report has not been filed with the office of the secretary of state.
12 The notice shall also state that such person shall have 15 days from the
13 date such notice is deposited in the mail to comply with the reporting
14 requirements before a civil penalty shall be imposed for each day that
15 the required documents remain unfiled. If such person fails to comply
16 within the prescribed period, such person shall pay to the state a civil
17 penalty of $10 per day for each day that such report remains unfiled,
18 except that no such civil penalty shall exceed $300. The commission may
19 waive, for good cause, payment of any civil penalty imposed by this sec-
20 tion.
21 (2) Civil penalties provided for by this section shall be paid to the
22 state treasurer, who shall deposit the same in the state treasury to the
23 credit of the Kansas governmental ethics commission on governmental
24 standards and conduct fee fund.
25 (3) If a person fails to pay a civil penalty provided for by this section,
26 it shall be the duty of the attorney general or county or district attorney
27 to bring an action to recover such civil penalty in the district court of the
28 county in which such person resides.
29 (c) The intentional failure to file any report required by subsection
30 (a) is a class A misdemeanor.
31 (d) This section shall be part of and supplemental to the campaign
32 finance act.
33 Sec. 9. K.S.A. 1996 Supp. 25-4181 is hereby amended to read as
34 follows: 25-4181. (a) The commission, in addition to any other penalty
35 prescribed under the campaign finance act, may assess a civil fine, after
36 proper notice and an opportunity to be heard, against any person for a
37 violation of the campaign finance act in an amount not to exceed $5,000
38 for the first violation, $10,000 for the second violation and $15,000 for
39 the third violation and for each subsequent violation. Whenever any civil
40 fine or penalty is proposed to be assessed against the treasurer of any
41 candidate who is not also the candidate, such notice shall be given to both
42 the treasurer and the candidate prior to the assessment of such fine or
43 penalty. All fines assessed and collected under this section shall be re-
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1 mitted promptly to the state treasurer. Upon receipt thereof, the state
2 treasurer shall deposit the entire amount in the state treasury and credit
3 it to the Kansas governmental ethics commission on governmental stan-
4 dards and conduct fee fund.
5 (b) In addition to any other penalty prescribed under subsection (a)
6 or any other penalty prescribed under the campaign finance act, the com-
7 mission may assess a civil fine, after proper notice and an opportunity to
8 be heard, against any candidate who accepts, or whose candidate com-
9 mittee accepts, contributions in excess of the limitations specified in sub-
10 sections (a), (d), (g) and (i) of K.S.A. 25-4153, and amendments thereto.
11 The amount of such civil penalty shall be equal to 1/2 of the amount which
12 is in excess of the amount authorized by such subsections, not to exceed
13 $100. Such civil penalty may be imposed without proof of intent to violate
14 the provisions of such subsections. The commission may waive, for good
15 cause, payment of any civil fine imposed pursuant to this subsection.
16 (b) (c) No individual who has failed to pay any civil penalty or civil
17 fine assessed, or failed to file any report required to be filed, under the
18 campaign finance act, unless such penalty or fine has been waived or is
19 under appeal, shall be eligible to become a candidate for state office or
20 local office under the laws of the state until such penalty or fine has been
21 paid or is on appeal or such report has been filed or both such penalty
22 or fine has been paid and such report filed.
23 Sec. 10. K.S.A. 1996 Supp. 25-4186 is hereby amended to read as
24 follows: 25-4186. (a) Not later than 10 days after receiving any contri-
25 bution or making any expenditure for a gubernatorial inauguration, the
26 governor-elect shall appoint an inaugural treasurer. The name and ad-
27 dress of such treasurer shall be reported to the secretary of state by the
28 governor-elect not later than 10 days after the appointment.
29 (b) No person shall make any expenditure or make or receive any
30 contribution or receipt, in kind or otherwise, for a gubernatorial inau-
31 guration except by or through the inaugural treasurer.
32 (c) The inaugural treasurer shall keep detailed accounts of all contri-
33 butions and other receipts received, in kind or otherwise, and all expend-
34 itures made for a gubernatorial inauguration. Accounts of the treasurer
35 may be inspected under conditions determined by the commission and
36 shall be preserved for a period to be designated by the commission. Every
37 person who receives a contribution or other receipt, in kind or otherwise,
38 for an inaugural treasurer more than five days before the ending date of
39 any period for which a report is required under this section shall, on
40 demand of the treasurer, or in any event on or before the ending date of
41 the reporting period, remit the same and render to the treasurer an ac-
42 count thereof, including the name and address of the person, if known,
43 making the contribution or other receipt and the date received. No con-
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1 tribution or other receipt received by the inaugural treasurer shall be
2 commingled with personal funds of the governor-elect or inaugural trea-
3 [chsurer.
4 (d) The inaugural treasurer shall file with the secretary of state a
5 report on March 10 and July 10 following the inauguration. The report
6 filed on March 10 shall be for the period ending on February 28 and the
7 report filed on July 10 shall be for the period beginning on March 1 and
8 ending on June 30. Each report shall contain the information required to
9 be stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and
10 amendments thereto, and a declaration as to the correctness of the report
11 in the form prescribed by K.S.A. 25-4151, and amendments thereto. The
12 July 10 report shall be a termination report which shall include full in-
13 formation as to the disposition of residual funds. If a report is sent by
14 certified mail on or before the day it is due, the mailing shall constitute
15 receipt by the secretary of state.
16 (e) The aggregate amount contributed, in kind or otherwise, by any
17 person for a gubernatorial inauguration shall not exceed $2,000. No per-
18 son shall make a contribution in the name of another person, and no
19 person shall knowingly accept a contribution made by one person in the
20 name of another. No person shall give or accept any contribution in excess
21 of $10 unless the name and address of the contributor is made known to
22 the individual receiving the contribution. The aggregate of contributions
23 for which the name and address of the contributor is not known shall not
24 exceed 50% of the amount one person may contribute.
25 (f) No person shall copy any name of a contributor from any report
26 filed under this section and use such name for any commercial purpose,
27 and no person shall use any name for a commercial purpose with knowl-
28 edge that such name was obtained solely by copying information relating
29 to contributions contained in any report filed under this section.
30 (g) In addition to other reports required by this section, the inaugural
31 treasurer shall report the amount and nature of debts and obligations
32 owed for the gubernatorial inauguration, at times prescribed by the com-
33 mission, continuing until such debts and obligations are fully paid or dis-
34 charged.
35 (h) No moneys received by any inaugural treasurer shall be used or
36 be made available for the personal use of the governor-elect or governor
37 and no such moneys shall be used by such governor-elect or governor
38 except for legitimate gubernatorial inauguration expenses.
39 For the purpose of this subsection, expenditures for ``personal use''
40 shall include expenditures to defray normal living expenses and expend-
41 itures for personal benefit having no direct connection with or effect upon
42 the inauguration.
43 (i) Before the filing of a termination report in accordance with this
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1 section all residual funds not otherwise obligated for the payment of ex-
2 penses incurred for the gubernatorial inauguration shall be remitted to
3 the state treasurer who shall deposit the entire amount in the state treas-
4 ury and credit:
5 (1) To the inaugural expense fund created by K.S.A. 1996 Supp. 25-
6 4187, and amendments thereto: (A) An amount equal to the amount cer-
7 tified to the director of accounts and reports by the adjutant general as
8 the amount expended by the adjutant general for expenses incurred in
9 connection with the gubernatorial inauguration; or (B) if the amount of
10 residual funds is less than the amount certified, the entire amount of the
11 deposit; and
12 (2) to the Kansas governmental ethics commission on governmental
13 standards and conduct fee fund created by K.S.A. 25-4119e and amend-
14 ments thereto, any remaining balance.
15 (j) (1) The commission shall send a notice by registered or certified
16 mail to any inaugural treasurer who fails to file any report required by
17 this section within the time period prescribed therefor. The notice shall
18 state that the required report has not been filed with the office of the
19 secretary of state. The notice shall also state that the treasurer shall have
20 15 days from the date such notice is deposited in the mail to comply with
21 the reporting requirements before a civil penalty shall be imposed for
22 each day that the required documents remain unfiled. If the treasurer
23 fails to comply within the prescribed period, the treasurer shall pay to
24 the state a civil penalty of $10 per day for each day that the report remains
25 unfiled, except that no such civil penalty shall exceed $300. The com-
26 mission may waive, for good cause, payment of any civil penalty imposed
27 by this subsection.
28 (2) Civil penalties provided for by this subsection shall be paid to the
29 state treasurer, who shall deposit the entire amount in the state treasury
30 and credit it to the Kansas governmental ethics commission on govern-
31 mental standards and conduct fee fund.
32 (3) If a person fails to pay a civil penalty provided for by this section,
33 it shall be the duty of the attorney general to bring an action to recover
34 such civil penalty in the district court of Shawnee county.
35 (k) Any violation of subsection (e), (f) or (h) or any intentional failure
36 to file any report required by this section is a class A misdemeanor.
37 (l) Nothing in this section shall be construed to apply to expenditures
38 of state moneys related to any inaugural activity.
39 (m) This section shall be part of and supplemental to the campaign
40 finance act.
41 Sec. 11. K.S.A. 1996 Supp. 46-236 is hereby amended to read as
42 follows: 46-236. No state officer or employee, candidate for state office
43 or state officer elect shall solicit any economic opportunity, gift, loan,
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1 gratuity, special discount, favor, hospitality, or service from any person
2 known to have a special interest, under circumstances where such officer,
3 employee, candidate or state officer elect knows or should know that a
4 major purpose of the donor in granting the same could be to influence
5 the performance of the official duties or prospective official duties of such
6 officer, employee, candidate or state officer elect.
7 Except when a particular course of official action is to be followed as
8 a condition thereon, this section shall not apply to: (1) Any contribution
9 reported in compliance with the campaign finance act; (2) a commercially
10 reasonable loan or other commercial transaction in the ordinary course
11 of business; or (3) except as provided by K.S.A. 25-4153a, and amend-
12 ments thereto, any solicitation for the benefit of any charitable organiza-
13 tion which is required to file a registration statement with the secretary
14 of state pursuant to K.S.A. 17-1740 17-1763, and amendments thereto,
15 or which is exempted from filing such statement pursuant to K.S.A. 17-
16 1741 17-1762, and amendments thereto, or for the benefit of any edu-
17 cational institution or such institution's endowment association, if such
18 association has qualified as a nonprofit organization under paragraph (3)
19 of subsection (c) of section 501 of the internal revenue code of 1986, as
20 amended.
21 Sec. 12. K.S.A. 1996 Supp. 46-237 is hereby amended to read as
22 follows: 46-237. (a) No state officer or employee, candidate for state office
23 or state officer elect shall accept, or agree to accept any economic op-
24 portunity, gift, loan, gratuity, special discount, favor, hospitality, or service
25 having an aggregate value of $40 or more in any calendar year from any
26 one person known to have a special interest, under circumstances where
27 such person knows or should know that a major purpose of the donor is
28 to influence such person in the performance of their official duties or
29 prospective official duties.
30 (b) No person with a special interest shall offer, pay, give or make
31 any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
32 pitality or service having an aggregate value of $40 or more in any calendar
33 year to any state officer or employee, candidate for state office or state
34 officer elect with a major purpose of influencing such officer or employee,
35 candidate for state office or state officer elect in the performance of of-
36 ficial duties or prospective official duties.
37 (c) No person licensed, inspected or regulated by a state agency shall
38 offer, pay, give or make any economic opportunity, gift, loan, gratuity,
39 special discount, favor, hospitality, or service having an aggregate value
40 of $40 or more in any calendar year to such agency or any state officer
41 or employee, candidate for state office or state officer elect of that agency.
42 (d) Hospitality in the form of recreation, food and beverages are pre-
43 sumed not to be given to influence a state officer or employee, candidate
H Sub. for SB 112
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1 for state office or state officer elect in the performance of official duties
2 or prospective official duties, except when a particular course of official
3 action is to be followed as a condition thereon. For the purposes of this
4 subsection, the term recreation shall not include the providing or the
5 payment of the cost of transportation or lodging.
6 (e) Except when a particular course of official action is to be followed
7 as a condition thereon, this section shall not apply to: (1) Any contribution
8 reported in compliance with the campaign finance act; or (2) a commer-
9 cially reasonable loan or other commercial transaction in the ordinary
10 course of business.
11 (f) No state officer or employee shall accept any payment of honoraria
12 for any speaking engagement except that a member of the state legislature
13 or a part-time officer or employee of the executive branch of government
14 shall be allowed to receive reimbursement in the preparation for and the
15 making of a presentation at a speaking engagement in an amount fixed
16 by the Kansas commission on governmental standards and conduct prior
17 to the acceptance of the speaking engagement. Nothing in this section
18 shall be construed to prohibit the reimbursement of state officers and
19 employees for reasonable expenses incurred in attending seminars, con-
20 ferences and other speaking engagements.
21 (g) The provisions of this section shall not be applicable to or prohibit
22 the acceptance of gifts from governmental agencies of foreign nations
23 except that any gift accepted from such foreign governmental agency,
24 having an aggregate value of $100 or more, shall be accepted on behalf
25 of the state of Kansas.
26 (h) No legislator shall solicit any contribution to be made to any or-
27 ganization for the purpose of paying for travel, subsistence and other
28 expenses incurred by such legislator or other members of the legislature
29 in attending and participating in meetings, programs and activities of such
30 organization or those conducted or sponsored by such organization, but
31 nothing in this act or the act of which this act is amendatory shall be
32 construed to prohibit any legislator from accepting reimbursement for
33 actual expenses for travel, subsistence, hospitality, entertainment and
34 other expenses incurred in attending and participating in meetings, pro-
35 grams and activities sponsored by the government of any foreign nation,
36 or any organization organized under the laws of such foreign nation or
37 any international organization or any national, nonprofit, nonpartisan or-
38 ganization established for the purpose of serving, informing, educating
39 and strengthening state legislatures in all states of the nation, when paid
40 from funds of such organization and nothing shall be construed to limit
41 or prohibit the expenditure of funds of and by any such organization for
42 such purposes.
43 Sec. 13. K.S.A. 46-246a is hereby amended to read as follows: 46-
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1 246a. (a) From and after the effective date of this act, no state officer or
2 employee shall advocate or cause the employment, appointment, pro-
3 motion, transfer or advancement to any office or position of the state, of
4 a member of such officer's or employee's household or a family member.
5 (b) No state officer or employee shall participate in an action relating
6 to the employment or discipline of a member of the officer's or employ-
7 ee's household or a family member.
8 (c) The provisions of this section shall not apply to appointments of
9 members of the governor's staff, nor shall it apply to any action involving
10 the employment, appointment, promotion, transfer or advancement of
11 any officer or employee occurring prior to the effective date of this act.
12 (d) The provisions of this section shall be subject to interpretation
13 and enforcement by the Kansas governmental ethics commission on gov-
14 ernmental standards and conduct in the manner provided by K.S.A. 46-
15 253 through 46-263, and amendments thereto.
16 Sec. 14. K.S.A. 46-253 is hereby amended to read as follows: 46-253.
17 ``Commission'' as used in K.S.A. 46-215 to 46-280, inclusive, and any
18 amendments thereto, and K.S.A. 46-248a means the Kansas governmental
19 ethics commission on governmental standards and conduct created by
20 K.S.A. 25-4119a, and amendments thereto. The commission may adopt
21 rules and regulations for the administration of the provisions of K.S.A.
22 46-215 to 46-280, inclusive, and amendments thereto, and K.S.A. 46-
23 248a, and amendments thereto. Any such rules and regulations adopted
24 by the Kansas public disclosure commission on governmental standards
25 and conduct shall continue in force and effect and shall be deemed to be
26 the rules and regulations of the commission created by K.S.A. 25-4119a,
27 and amendments thereto, until revised, amended, repealed or nullified
28 pursuant to law. All rules and regulations of the commission shall be
29 subject to the provisions of article 4 of chapter 77 of Kansas Statutes
30 Annotated.
31 Sec. 15. K.S.A. 1996 Supp. 46-265 is hereby amended to read as
32 follows: 46-265. (a) Every lobbyist shall register with the secretary of state
33 by completing and signing a registration form prescribed and provided
34 by the commission. Such registration shall show the name and address of
35 the lobbyist, the name and address of the person compensating the lob-
36 byist for lobbying, the purpose of the employment and the method of
37 determining and computing the compensation of the lobbyist. If the lob-
38 byist is compensated or to be compensated for lobbying by more than
39 one employer or is to be engaged in more than one employment, the
40 relevant facts listed above shall be separately stated for each employer
41 and each employment. Whenever any new lobbying employment or lob-
42 bying position is accepted by a lobbyist already registered as provided in
43 this section, such lobbyist shall report the same on forms prescribed and
H Sub. for SB 112
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1 provided by the commission before engaging in any lobbying activity re-
2 lated to such new employment or position, and such report shall be filed
3 with the secretary of state. When a lobbyist is an employee of a lobbying
4 group or firm which contracts to lobby and not an owner or partner of
5 such entity, the lobbyist shall report each client of the group, firm or
6 entity whose interest the lobbyist represents. Whenever the lobbying of
7 a lobbyist concerns a legislative matter, the secretary of state shall
8 promptly transmit copies of each registration and each report filed under
9 this act to the secretary of the senate and the chief clerk of the house of
10 representatives.
11 (b) On or after October 1, in any year any person may register as a
12 lobbyist under this section for the succeeding calendar year. Such regis-
13 tration shall expire annually on December 31, of the year for which the
14 lobbyist is registered. In any calendar year, before engaging in lobbying,
15 persons to whom this section applies shall register or renew their regis-
16 tration as provided in this section. Except for employees of lobbying
17 groups or firms, every person registering or renewing registration who
18 anticipates spending $1,000 or less for lobbying in such registration year
19 on behalf of any one employer shall pay to the secretary of state a fee of
20 $30 for lobbying for each such employer. Except for employees of lob-
21 bying groups or firms, every person registering or renewing registration
22 who anticipates spending more than $1,000 for lobbying in such registra-
23 tion year on behalf of any one employer shall pay to the secretary of state
24 a fee of $250 for lobbying for such employer. Any lobbyist who at the
25 time of initial registration anticipated spending less than $1,000, on behalf
26 of any one employer, but at a later date spends in excess of such amount,
27 shall, within three days of the date when expenditures exceed such
28 amount, file an amended registration form which shall be accompanied
29 by an additional fee of $220 for such year. Every person registering or
30 renewing registration as a lobbyist who is an employee of a lobbying group
31 or firm and not an owner or partner of such entity shall pay an annual
32 fee of $300. The secretary of state shall remit all moneys received under
33 this section to the state treasurer, and the state treasurer shall deposit the
34 same in the state treasury to the credit of the Kansas governmental ethics
35 commission on governmental standards and conduct fee fund.
36 (c) Any person who has registered as a lobbyist pursuant to this act
37 may file, upon termination of such person's lobbying activities, a state-
38 ment terminating such person's registration as a lobbyist. Such statement
39 shall be on a form prescribed by the commission and shall state the name
40 and address of the lobbyist, the name and address of the person com-
41 pensating the lobbyist for lobbying and the date of the termination of the
42 lobbyist's lobbying activities.
43 (d) No person who has failed or refused to pay any civil penalty im-
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1 posed pursuant to K.S.A. 46-280, and amendments thereto, shall be au-
2 thorized or permitted to register as a lobbyist in accordance with this
3 section until such penalty has been paid in full.
4 Sec. 16. K.S.A. 46-280 is hereby amended to read as follows: 46-280.
5 (a) The commission shall send a notice by registered or certified mail to
6 any person failing to register or to file any report or statement as required
7 by K.S.A. 46-247, 46-265 or 46-268, and amendments thereto, within the
8 time period prescribed therefor. The notice shall state that the required
9 registration, report or statement had not been filed with the office of
10 secretary of state. The notice shall also state that such person shall have
11 five days from the date of receipt of such notice to comply with the
12 registration and reporting requirements before a civil penalty shall be
13 imposed for each day that the required documents remain unfiled. If such
14 person fails to comply within such period, such person shall pay to the
15 state a civil penalty of $10 per day for each day that such person remains
16 unregistered or that such report or statement remains unfiled, except that
17 no such civil penalty shall exceed $300. The commission may waive, for
18 good cause, payment of any civil penalty imposed hereunder.
19 (b) Whenever the commission shall determine that any report filed
20 by a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
21 incorrect, incomplete or fails to provide the information required by such
22 section, the commission shall notify such lobbyist by registered or certi-
23 fied mail, specifying the deficiency. Such notice shall state that the lob-
24 byist shall have 30 days from the date of the receipt of such notice to file
25 an amended report correcting such deficiency before a civil penalty will
26 be imposed and the registration of such lobbyist revoked and the badge
27 be required to be returned to the office of the secretary of state. A copy
28 of such notice shall be sent to the office of the secretary of state. If such
29 lobbyist fails to file an amended report within the time specified, such
30 lobbyist shall pay to the commission a civil penalty of $10 per day for
31 each day that such person fails to file such report except that no such civil
32 penalty shall exceed $300. On the 31st day following the receipt of such
33 notice the registration of any lobbyist failing to file such amended report
34 shall be revoked.
35 (c) Civil penalties provided for by this section shall be paid to the
36 state treasurer, who shall deposit the same in the state treasury to the
37 credit of the Kansas governmental ethics commission on governmental
38 standards and conduct fee fund.
39 (d) (1) Except as provided in subsection (2), if a person fails to pay
40 a civil penalty provided for by this section, it shall be the duty of the
41 attorney general or county or district attorney to bring an action to recover
42 such civil penalty in the district court of the county in which such person
43 resides.
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1 (2) If a person required to file under subsection (f) of K.S.A. 46-247,
2 and amendments thereto, fails to pay a civil penalty provided for by this
3 section, it shall be the duty of the attorney general to bring an action to
4 recover such civil penalty in the district court of Shawnee County, Kansas.
5 Sec. 17. K.S.A. 46-288 is hereby amended to read as follows: 46-288.
6 The commission, in addition to any other penalty prescribed under K.S.A.
7 46-215 through 46-286, and amendments thereto, may assess a civil fine,
8 after proper notice and an opportunity to be heard, against any person
9 for a violation pursuant to K.S.A. 46-215 through 46-286, and amend-
10 ments thereto, in an amount not to exceed $5,000 for the first violation,
11 not to exceed $10,000 for the second violation and not to exceed $15,000
12 for the third violation and for each subsequent violation. All fines assessed
13 and collected under this section shall be remitted promptly to the state
14 treasurer. Upon receipt thereof, the state treasurer shall deposit the en-
15 tire amount in the state treasury and credit it to the Kansas governmental
16 ethics commission on governmental standards and conduct fee fund.
17 Sec. 18. K.S.A. 1996 Supp. 75-4302a is hereby amended to read as
18 follows: 75-4302a. (a) The statement of substantial interests shall include
19 all substantial interests of the individual making the statement.
20 (b) Statements of substantial interests shall be filed by the following
21 individuals at the times specified:
22 (1) By a candidate for local office who becomes a candidate on or
23 before the filing deadline for the office, not later than 10 days after the
24 filing deadline, unless before that time the candidacy is officially declined
25 or rejected.
26 (2) By a candidate for local office who becomes a candidate after the
27 filing deadline for the office, within five days of becoming a candidate,
28 unless within that period the candidacy is officially declined or rejected.
29 (3) By an individual appointed on or before April 30 of any year to
30 fill a vacancy in an elective office of a governmental subdivision, between
31 April 15 and April 30, inclusive, of that year.
32 (4) By an individual appointed after April 30 of any year to fill a
33 vacancy in an elective office of a governmental subdivision, within 15 days
34 after the appointment.
35 (5) By any individual holding an elective office of a governmental
36 subdivision, between April 15 and April 30, inclusive, of any year if, during
37 the preceding calendar year, any change occurred in the individual's sub-
38 stantial interests.
39 (c) The statement of substantial interests required to be filed pur-
40 suant to this section shall be filed in the office where declarations of
41 candidacy for the local governmental office sought or held by the indi-
42 vidual are required to be filed.
43 (d) The Kansas governmental ethics commission on governmental
H Sub. for SB 112
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1 standards and conduct shall adopt rules and regulations prescribing the
2 form and the manner for filing the disclosures of substantial interests
3 required by law. The commission shall provide samples of the form of
4 the statement to each county election officer.
5 (e) If an individual or an individual's spouse holds the position of
6 officer, director, associate, partner or proprietor in an organization ex-
7 empt from federal taxation of corporations under section 501(c)(3), (4),
8 (6), (7), (8), (10) or (19) of chapter 26 of the United States code, the
9 individual shall comply with all disclosure provisions of subsections (a),
10 (b), (c) and (d) of this section notwithstanding the provisions of K.S.A.
11 75-4301, and amendments thereto, which provide that these individuals
12 may not have a substantial interest in these corporations.
13 Sec. 19. K.S.A. 1996 Supp. 75-4303a is hereby amended to read as
14 follows: 75-4303a. (a) The Kansas governmental ethics commission on
15 governmental standards and conduct shall render advisory opinions on
16 the interpretation or application of K.S.A. 75-4301a, 75-4302a, 75-4303a,
17 75-4304, 75-4305 and 75-4306, and amendments thereto. The opinions
18 shall be rendered after receipt of a written request therefor by a local
19 governmental officer or employee or by any person who has filed as a
20 candidate for local office. Any person who requests and receives an ad-
21 visory opinion and who acts in accordance with its provisions shall be
22 presumed to have complied with the provisions of the general conflict of
23 interests law. A copy of any advisory opinion rendered by the commission
24 shall be filed by it in the office of the secretary of state, and any opinion
25 so filed shall be open to public inspection. All requests for advisory opin-
26 ions shall be directed to the secretary of state who shall notify the com-
27 mission thereof.
28 (b) The Kansas governmental ethics commission on governmental
29 standards and conduct shall administer K.S.A. 75-4301a, 75-4302a, 75-
30 4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto, and may
31 adopt rules and regulations therefor.
32 Sec. 20. K.S.A. 25-4119a, 25-4119e, 25-4153a, 25-4180, 46-246a, 46-
33 253, 46-280 and 46-288 and K.S.A. 1996 Supp. 25-4119f, 25-4143, 25-
34 4145, 25-4152, 25-4181, 25-4186, 46-236, 46-237, 46-265, 75-4302a and
35 75-4303a are hereby repealed.
36 Sec. 21. This act shall take effect and be in force from and after its
37 publication in the statute book.