Session of 1998
                   
HOUSE BILL No. 2929
         
By Representatives Findley, Minor, E. Peterson and Sawyer
         
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            9             AN ACT concerning campaign finance; requiring the reporting of certain
10             information; amending K.S.A. 25-4150 and K.S.A. 1997 Supp. 25-4152
11             and repealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 25-4150 is hereby amended to read as follows:
15       25-4150. (a) The purpose of this section is to maintain the integrity of the
16       election process, inform the electorate of sponsors of efforts to influence
17       elections and foster a climate of honesty perceptible to the public by re-
18       quiring persons who make independent expenditures in an attempt to
19       influence the outcome of elections in this state to disclose publicly the
20       name of the person making such expenditures, the source of such person's
21       money and how such money is expended.
22           (b) Except as specifically provided by this section, the words and
23       phrases used in this section shall have the same meaning ascribed thereto
24       by K.S.A. 25-4143, and amendments thereto.
25           (c) When used in this section:
26           (1) ``Person'' means a person as defined by K.S.A. 25-4143, and
27       amendments thereto, who makes expenditures in an aggregate amount of
28       $100 or more within a calendar year.
29           (2) ``Expenditure'' means:
30           (A) Any purchase, payment, distribution, loan, advance, deposit or
31       gift of money or any other thing of value made for the purpose of:
32           (i) Directly or indirectly influencing the nomination or election of any
33       candidate; (ii) providing information which has the effect of directly or
34       indirectly influencing the nomination or election of any candidate; or (iii)
35       influencing the outcome of any election;
36           (B) any contract to make an expenditure;
37           (C) a transfer of funds between any two or more candidate commit-
38       tees, party committees or political committees; and
39           (D) payment of a candidate's filing fees.
40           (3) ``Expenditure'' does not include:
41           (A) The value of volunteer services provided without compensation;
42           (B) costs to a volunteer incidental to the rendering of volunteer serv-
43       ices not exceeding a fair market value of $50 during an allocable election

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  1       period as provided in K.S.A. 25-4149 and amendments thereto;
  2           (C) payment by a candidate or candidate's spouse for personal meals,
  3       lodging and travel by personal automobile of the candidate or candidate's
  4       spouse while campaigning or payment of such costs by the treasurer of a
  5       candidate or candidate committee;
  6           (D) the value of goods donated to events such as testimonial events,
  7       bake sales, garage sales and auctions by any person not exceeding fair
  8       market value of $50 per event;
  9           (E) any communication by an incumbent elected state or local officer
10       with one or more individuals unless the primary purpose thereof is to
11       directly or indirectly influence the nomination or election of any candidate
12       or providing information which has the effect of directly or indirectly
13       influencing the nomination or election of any candidate;
14           (F) costs associated with any news story, commentary or editorial
15       distributed in the ordinary course of business by a broadcasting station,
16       newspaper, other periodical publication or by internet communication;
17           (G) costs associated with nonpartisan activities designed to encourage
18       individuals to register to vote or to vote; or
19           (H) costs associated with internal organizational communications of
20       business, labor, professional or other associations.
21           (d) Every person, other than a candidate or a candidate committee,
22       party committee or political committee, who makes contributions or ex-
23       penditures, other than by contribution to a candidate or a candidate com-
24       mittee, party committee or political committee, in an aggregate amount
25       of $100 or more within a calendar year shall make statements containing
26       the information required by K.S.A. 25-4148 and amendments thereto,
27       and file them in the office or offices required so that each such statement
28       is in such office or offices on the day specified in K.S.A. 25-4148 and
29       amendments thereto. If such contributions or expenditures are made to
30       support or oppose a candidate for state office, other than that of an officer
31       elected on a state-wide basis such statement shall be filed in both the
32       office of the secretary of state and in the office of the county election
33       officer of the county in which the candidate is a resident. If such contri-
34       butions or expenditures are made to support or oppose a candidate for
35       statewide office such statement shall be filed only in the office of the
36       secretary of state. If such contributions or expenditures are made to sup-
37       port or oppose a candidate for local office such statement shall be filed
38       in the office of the county election officer of the county in which the
39       candidate is a resident. Reports made under this section need not be
40       cumulative.
41           Sec. 2. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
42       follows: 25-4152. (a) The commission shall send a notice by registered or
43       certified mail to any person failing to file any report or statement required

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  1       by K.S.A. 25-4144, 25-4145   or 25-4148, 25-4148 or 25-4150, and amend-
  2       ments thereto, and to the candidate appointing any treasurer failing to
  3       file any such report, within the time period prescribed therefor. The no-
  4       tice shall state that the required report or statement has not been filed
  5       with either the office of secretary of state or county election officer or
  6       both. The person failing to file any report or statement, and the candidate
  7       appointing any such person, shall be responsible for the filing of such
  8       report or statement. The notice also shall   also state that such person shall
  9       have 15 days from the date such notice is deposited in the mail to comply
10       with the registration and reporting requirements before a civil penalty
11       shall be imposed for each day that the required documents remain un-
12       filed. If such person fails to comply within the prescribed period, such
13       person shall pay to the state a civil penalty of $10 per day for each day
14       that such report or statement remains unfiled, except that no such civil
15       penalty shall exceed $300. The commission may waive, for good cause,
16       payment of any civil penalty imposed by this section.
17           (b) Civil penalties provided for by this section shall be paid to the
18       state treasurer, who shall deposit the same in the state treasury to the
19       credit of the Kansas commission on governmental standards and conduct
20       fee fund.
21           (c) If a person fails to pay a civil penalty provided for by this section,
22       it shall be the duty of the attorney general or county or district attorney
23       to bring an action to recover such civil penalty in the district court of the
24       county in which such person resides.
25           Sec. 3. K.S.A. 25-4150 and K.S.A. 1997 Supp. 25-4152 are hereby
26       repealed.
27           Sec. 4. This act shall take effect and be in force from and after its
28       publication in the statute book.
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