Session of 1998
                   
HOUSE BILL No. 2664
         
By Committee on Governmental Organization and Elections
         
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            9             AN ACT concerning elections; relating to campaign finance; requiring
10             the filing and disclosure of certain information; amending K.S.A. 25-
11             4150 and K.S.A. 1997 Supp. 25-4152 and repealing the existing
12             sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 25-4150 is hereby amended to read as follows:
16       25-4150. (a) The purpose of this section is to maintain the integrity of the
17       election process, inform the electorate of sponsors of efforts to influence
18       elections and foster a climate of honesty perceptible to the public by re-
19       quiring persons who make independent expenditures in an attempt to
20       influence the nomination of election of a candidate in this state to disclose
21       publicly the name of the person making such expenditures, the source of
22       such person's money and how such money is expended.
23           (b) Except as specifically provided by this section, the words and
24       phrases used in this section shall have the same meaning ascribed thereto
25       by K.S.A. 25-4143, and amendments thereto.
26           (c) When used in subsection (d):
27           (1) ``Person'' means a person as defined by K.S.A. 25-4143, and
28       amendments thereto, who makes expenditures in an aggregate amount of
29       $1,000 or more within a calendar year.
30           (2) ``Expenditure'' means:
31           (A) Any purchase, payment, distribution, loan, advance, deposit or
32       gift of money or any other thing of value made for the purpose of:
33           (i) Directly or indirectly influencing the nomination or election of any
34       candidate; or
35           (ii) providing information which has the effect of directly or indirectly
36       influencing the nomination or election of any candidate;
37           (B) any contract to make an expenditure;
38           (C) a transfer of funds between any two or more candidate commit-
39       tees, party committees or political committees; and
40           (D) payment of a candidate's filing fees.
41           (3) ``Expenditure'' does not include:
42           (A) The value of volunteer services provided without compensation;
43           (B) costs to a volunteer incidental to the rendering of volunteer serv-

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  1       ices not exceeding a fair market value of $1,000 during an allocable elec-
  2       tion period as provided in K.S.A. 25-4149 and amendments thereto;
  3           (C) payment by a candidate or candidate's spouse for personal meals,
  4       lodging and travel by personal automobile of the candidate or candidate's
  5       spouse while campaigning or payment of such costs by the treasurer of a
  6       candidate or candidate committee;
  7           (D) the value of goods donated to events such as testimonial events,
  8       bake sales, garage sales and auctions by any person not exceeding fair
  9       market value of $1,000 per event;
10           (E) any communication by an incumbent elected state or local officer
11       with one or more individuals unless the primary purpose thereof is to
12       directly or indirectly influence the nomination or election of any candidate
13       or providing information which has the effect of directly or indirectly
14       influencing the nomination or election of any candidate;
15           (F) costs associated with any news story, commentary or editorial
16       distributed in the ordinary course of business by a broadcasting station,
17       newspaper, other periodical publication or by internet communication;
18           (G) costs associated with nonpartisan activities designed to encourage
19       individuals to register to vote or to vote; or
20           (H) costs associated with internal organizational communications of
21       business, labor, professional or other associations.
22           (d) At least seven days prior to making an expenditure, any person
23       as defined by subsection (c), shall make and file a statement of intent of
24       expenditure. Such statement shall be filed in the office of the secretary of
25       state. If the expenditure is to support or oppose any candidate for local
26       office, such statement shall be filed in the office of the county clerk of the
27       county in which the name of such person is on the ballot. Every statement
28       of intent shall include:
29           (1) The name and address of the person;
30           (2) the name and address of the chairperson of the organization, if
31       the person is not an individual; and
32           (3) the full name and address of any organization with which the
33       person is connected or affiliated or, name or description sufficiently de-
34       scribing the affiliation or, if the person is not connected or affiliated with
35       any one organization, the trade, profession or primary interest of con-
36       tributors of the person.
37           (e) Every person, other than a candidate or a candidate committee,
38       party committee or political committee, who makes contributions or ex-
39       penditures, other than by contribution to a candidate or a candidate com-
40       mittee, party committee or political committee, in an aggregate amount
41       of $100 or more within a calendar year shall make statements containing
42       the information required by K.S.A. 25-4148 and amendments thereto,
43       and file them in the office or offices required so that each such statement

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  1       is in such office or offices on the day specified in K.S.A. 25-4148 and
  2       amendments thereto. If such contributions or expenditures are made to
  3       support or oppose a candidate for state office, other than that of an officer
  4       elected on a state-wide basis such statement shall be filed in both the
  5       office of the secretary of state and in the office of the county election
  6       officer of the county in which the candidate is a resident. If such contri-
  7       butions or expenditures are made to support or oppose a candidate for
  8       statewide office such statement shall be filed only in the office of the
  9       secretary of state. If such contributions or expenditures are made to sup-
10       port or oppose a candidate for local office such statement shall be filed
11       in the office of the county election officer of the county in which the
12       candidate is a resident. Reports made under this section need not be
13       cumulative.
14           (f) Each person subject to this section shall maintain, in such person's
15       own records, the name and address of any person, including an individual,
16       who has made one or more contributions to such person, together with
17       the amount and date of such contributions, regardless of whether such
18       information is required to be reported.
19           (g) Any change in information previously reported in a statement of
20       intent shall be reported on a supplemental statement of intent and filed
21       not later than 10 days following the change.
22           Sec. 2. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
23       follows: 25-4152. (a) The commission shall send a notice by registered or
24       certified mail to any person failing to file any report or statement required
25       by K.S.A. 25-4144, 25-4145 or 25-4148, 25-4148 or 25-4150, and amend-
26       ments thereto, and to the candidate appointing any treasurer failing to
27       file any such report, within the time period prescribed therefor. The no-
28       tice shall state that the required report or statement has not been filed
29       with either the office of secretary of state or county election officer or
30       both. The person failing to file any report or statement, and the candidate
31       appointing any such person, shall be responsible for the filing of such
32       report or statement. The notice also shall also state that such person shall
33       have 15 days from the date such notice is deposited in the mail to comply
34       with the registration and reporting requirements before a civil penalty
35       shall be imposed for each day that the required documents remain un-
36       filed. If such person fails to comply within the prescribed period, such
37       person shall pay to the state a civil penalty of $10 per day for each day
38       that such report or statement remains unfiled, except that no such civil
39       penalty shall exceed $300. The commission may waive, for good cause,
40       payment of any civil penalty imposed by this section.
41           (b) Civil penalties provided for by this section shall be paid to the
42       state treasurer, who shall deposit the same in the state treasury to the
43       credit of the Kansas commission on governmental standards and conduct

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  1       fee fund.
  2           (c) If a person fails to pay a civil penalty provided for by this section,
  3       it shall be the duty of the attorney general or county or district attorney
  4       to bring an action to recover such civil penalty in the district court of the
  5       county in which such person resides.
  6           Sec. 3. K.S.A. 25-4150 and K.S.A. 1997 Supp. 25-4152 are hereby
  7       repealed.
  8           Sec. 4. This act shall take effect and be in force from and after its
  9       publication in the statute book.
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