HOUSE BILL No. 3035

      An Act concerning the commission on governmental standards and conduct; relating to the
      powers and duties thereof; amending K.S.A. 25-4180, as amended by section 16 of 1998
      Substitute for House Bill No. 2662 and 46-280, as amended by section 23 of 1998
      Substitute for House Bill No. 2662, and K.S.A. 1997 Supp. 25-4152, as amended by
      section 10 of 1998 Substitute for House Bill No. 2662 and 25-4186, as amended by
      section 18 of 1998 Substitute for House Bill No. 2662 and repealing the existing sections;
      also repealing K.S.A. 25-4180, as amended by section 5 of 1998 Senate Bill No. 410,
      and 46-280, as amended by section 7 of 1998 Senate Bill No. 410, and K.S.A. 1997 Supp.
      25-4152, as amended by section 4 of 1998 Senate Bill No. 410, and 25-4186, as amended
      by section 6 of 1998 Senate Bill No. 410.

Be it enacted by the Legislature of the State of Kansas:

    Section 1. K.S.A. 1997 Supp. 25-4152, as amended by section 10 of
1998 Substitute for House Bill No. 2662, is hereby amended to read as
follows: 25-4152. (a) The commission shall send a notice by registered or
certified mail to any person failing to file any report or statement required
by K.S.A. 25-4144, 25-4145 or 25-4148, and amendments thereto, and to
the candidate appointing any treasurer failing to file any such report,
within the time period prescribed therefor. The notice shall state that the
required report or statement has not been filed with either the office of
secretary of state or county election officer or both. The person failing to
file any report or statement, and the candidate appointing any such per-
son, shall be responsible for the filing of such report or statement. The
notice also shall state that such person shall have 15 days from the date
such notice is deposited in the mail to comply with the registration and
reporting requirements before a civil penalty shall be imposed for each
day that the required documents remain unfiled. If such person fails to
comply within the prescribed period, such person shall pay to the state a
civil penalty of $10 per day for each day that such report or statement
remains unfiled, except that no such civil penalty shall exceed $300. The
commission may waive, for good cause, payment of any civil penalty im-
posed by this section.

    (b) Civil penalties provided for by this section shall be paid to the
state treasurer, who shall deposit the same in the state treasury to the
credit of the governmental ethics commission fee fund.

    (c) If a person fails to pay a civil penalty provided for by this section,
it shall be the duty of the attorney general or county or district attorney
commission to bring an action to recover such civil penalty in the district
court of the county in which such person resides.

    Sec. 2. K.S.A. 25-4180, as amended by section 16 of 1998 Substitute
for House Bill No. 2662, is hereby amended to read as follows: 25-4180.
(a) Every person who engages in any activity promoting or opposing the
adoption or repeal of any provision of the Kansas constitution and who
accepts moneys or property for the purpose of engaging in such activity
shall make an annual report to the secretary of state of individual contri-
butions or contributions in kind in an aggregate amount or value in excess
of $50 received during the preceding calendar year for such purposes.
The report shall show the name and address of each contributor for the
activity and the amount or value of the individual contribution made,
together with a total value of all contributions received, and also shall
account for expenditures in an aggregate amount or value in excess of
$50 from such contributions by showing the amount or value expended
to each payee and the purpose of each such expenditure, together with a
total value of all expenditures made. The annual report shall be filed on
or before February 15 of each year for the preceding calendar year.

    In addition to the annual report, a person engaging in an activity pro-
moting the adoption or repeal of a provision of the Kansas constitution
who accepts any contributed moneys for such activity shall make a pre-
liminary report to the secretary of state 15 days prior to each election at
which a proposed constitutional amendment is submitted. Such report
shall show the name and address of each individual contributor, together
with the amount contributed or contributed in kind in an aggregate
amount or value in excess of $50, and the expenditures in an aggregate
amount or value in excess of $50 from such contributions by showing the
amount paid to each payee and the purpose of the expenditure. A sup-
plemental report in the same format as the preliminary report shall be
filed with the secretary of state within 15 days after any election on a
constitutional proposition where contributed funds are received and ex-
pended in opposing or promoting such proposition.

    Any person who engages in any activity promoting or opposing the
adoption or repeal of any provision of the Kansas constitution shall be
considered engaged in such activity upon the date the concurrent reso-
lution passes the Kansas house of representatives and senate in its final
form. Upon such date, if the person has funds in the constitutional
amendment campaign treasury, such person shall be required to report
such funds as provided by this section.

    (b) (1) The commission shall send a notice by registered or certified
mail to any person failing to file any report required by subsection (a)
within the time period prescribed therefor. The notice shall state that the
required report has not been filed with the office of the secretary of state.
The notice shall also shall state that such person shall have 15 days from
the date such notice is deposited in the mail to comply with the reporting
requirements before a civil penalty shall be imposed for each day that
the required documents remain unfiled. If such person fails to comply
within the prescribed period, such person shall pay to the state a civil
penalty of $10 per day for each day that such report remains unfiled,
except that no such civil penalty shall exceed $300. The commission may
waive, for good cause, payment of any civil penalty imposed by this sec-
tion.

    (2) Civil penalties provided for by this section shall be paid to the
state treasurer, who shall deposit the same in the state treasury to the
credit of the governmental ethics commission fee fund.

    (3) If a person fails to pay a civil penalty provided for by this section,
it shall be the duty of the attorney general or county or district attorney
commission to bring an action to recover such civil penalty in the district
court of the county in which such person resides.

    (c) The intentional failure to file any report required by subsection
(a) is a class A misdemeanor.

    (d) This section shall be part of and supplemental to the campaign
finance act.

    Sec. 3. K.S.A. 1997 Supp. 25-4186, as amended by section 18 of 1998
Substitute for House Bill No. 2662, is hereby amended to read as follows:
25-4186. (a) Not later than 10 days after receiving any contribution or
making any expenditure for a gubernatorial inauguration, the governor-
elect shall appoint an inaugural treasurer. The name and address of such
treasurer shall be reported to the secretary of state by the governor-elect
not later than 10 days after the appointment.

    (b) No person shall make any expenditure or make or receive any
contribution or receipt, in kind or otherwise, for a gubernatorial inau-
guration except by or through the inaugural treasurer.

    (c) The inaugural treasurer shall keep detailed accounts of all contri-
butions and other receipts received, in kind or otherwise, and all expend-
itures made for a gubernatorial inauguration. Accounts of the treasurer
may be inspected under conditions determined by the commission and
shall be preserved for a period to be designated by the commission. Every
person who receives a contribution or other receipt, in kind or otherwise,
for an inaugural treasurer more than five days before the ending date of
any period for which a report is required under this section, on demand
of the treasurer, or in any event on or before the ending date of the
reporting period, shall remit the same and render to the treasurer an
account thereof, including the name and address of the person, if known,
making the contribution or other receipt and the date received. No con-
tribution or other receipt received by the inaugural treasurer shall be
commingled with personal funds of the governor-elect or inaugural trea-
surer.

    (d) The inaugural treasurer shall file with the secretary of state a
report on March 10 and July 10 following the inauguration. The report
filed on March 10 shall be for the period ending on February 28 and the
report filed on July 10 shall be for the period beginning on March 1 and
ending on June 30. Each report shall contain the information required to
be stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and
amendments thereto, and a declaration as to the correctness of the report
in the form prescribed by K.S.A. 25-4151, and amendments thereto. The
July 10 report shall be a termination report which shall include full in-
formation as to the disposition of residual funds. If a report is sent by
certified mail on or before the day it is due, the mailing shall constitute
receipt by the secretary of state.

    (e) The aggregate amount contributed, in kind or otherwise, by any
person for a gubernatorial inauguration shall not exceed $2,000. No per-
son shall make a contribution in the name of another person, and no
person knowingly shall accept a contribution made by one person in the
name of another. No person shall give or accept any contribution in excess
of $10 unless the name and address of the contributor is made known to
the individual receiving the contribution. The aggregate of contributions
for which the name and address of the contributor is not known shall not
exceed 50% of the amount one person may contribute.

    (f) No person shall copy any name of a contributor from any report
filed under this section and use such name for any commercial purpose,
and no person shall use any name for a commercial purpose with knowl-
edge that such name was obtained solely by copying information relating
to contributions contained in any report filed under this section.

    (g) In addition to other reports required by this section, the inaugural
treasurer shall report the amount and nature of debts and obligations
owed for the gubernatorial inauguration, at times prescribed by the com-
mission, continuing until such debts and obligations are fully paid or dis-
charged.

    (h) No moneys received by any inaugural treasurer shall be used or
be made available for the personal use of the governor-elect or governor
and no such moneys shall be used by such governor-elect or governor
except for legitimate gubernatorial inauguration expenses.

    For the purpose of this subsection, expenditures for ``personal use''
shall include expenditures to defray normal living expenses and expend-
itures for personal benefit having no direct connection with or effect upon
the inauguration.

    (i) Before the filing of a termination report in accordance with this
section, all residual funds not otherwise obligated for the payment of
expenses incurred for the gubernatorial inauguration shall be remitted to
the state treasurer who shall deposit the entire amount in the state treas-
ury and credit:

    (1) To the inaugural expense fund created by K.S.A. 1997 Supp.
25-4187, and amendments thereto: (A) An amount equal to the amount
certified to the director of accounts and reports by the adjutant general
as the amount expended by the adjutant general for expenses incurred in
connection with the gubernatorial inauguration; or (B) if the amount of
residual funds is less than the amount certified, the entire amount of the
deposit; and

    (2) to the governmental ethics commission fee fund created by K.S.A.
25-4119e, and amendments thereto, any remaining balance.

    (j) (1) The commission shall send a notice by registered or certified
mail to any inaugural treasurer who fails to file any report required by
this section within the time period prescribed therefor. The notice shall
state that the required report has not been filed with the office of the
secretary of state. The notice also shall state that the treasurer shall have
15 days from the date such notice is deposited in the mail to comply with
the reporting requirements before a civil penalty shall be imposed for
each day that the required documents remain unfiled. If the treasurer
fails to comply within the prescribed period, the treasurer shall pay to
the state a civil penalty of $10 per day for each day that the report remains
unfiled, except that no such civil penalty shall exceed $300. The com-
mission may waive, for good cause, payment of any civil penalty imposed
by this subsection.

    (2) Civil penalties provided for by this subsection shall be paid to the
state treasurer, who shall deposit the entire amount in the state treasury
and credit it to the governmental ethics commission fee fund.

    (3) If a person fails to pay a civil penalty provided for by this section,
it shall be the duty of the attorney general commission to bring an action
to recover such civil penalty in the district court of Shawnee county.

    (k) Any violation of subsection (e), (f) or (h) or any intentional failure
to file any report required by this section is a class A misdemeanor.

    (l) Nothing in this section shall be construed to apply to expenditures
of state moneys related to any inaugural activity.

    (m) This section shall be part of and supplemental to the campaign
finance act.

    Sec. 4. K.S.A. 46-280, as amended by section 23 of 1998 Substitute
for House Bill No. 2662, is hereby amended to read as follows: 46-280.
(a) The commission shall send a notice by registered or certified mail to
any person failing to register or to file any report or statement as required
by K.S.A. 46-247, 46-265 or 46-268, and amendments thereto, within the
time period prescribed therefor. The notice shall state that the required
registration, report or statement had not been filed with the office of
secretary of state. The notice also shall state that such person shall have
five days from the date of receipt of such notice to comply with the
registration and reporting requirements before a civil penalty shall be
imposed for each day that the required documents remain unfiled. If such
person fails to comply within such period, such person shall pay to the
state a civil penalty of $10 per day for each day that such person remains
unregistered or that such report or statement remains unfiled, except that
no such civil penalty shall exceed $300. The commission may waive, for
good cause, payment of any civil penalty imposed hereunder.

    (b) Whenever the commission shall determine that any report filed
by a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
incorrect, incomplete or fails to provide the information required by such
section, the commission shall notify such lobbyist by registered or certi-
fied mail, specifying the deficiency. Such notice shall state that the lob-
byist shall have 30 days from the date of the receipt of such notice to file
an amended report correcting such deficiency before a civil penalty will
be imposed and the registration of such lobbyist revoked and the badge
be required to be returned to the office of the secretary of state. A copy
of such notice shall be sent to the office of the secretary of state. If such
lobbyist fails to file an amended report within the time specified, such
lobbyist shall pay to the commission a civil penalty of $10 per day for
each day that such person fails to file such report except that no such civil
penalty shall exceed $300. On the 31st day following the receipt of such
notice, the registration of any lobbyist failing to file such amended report
shall be revoked.

    (c) Civil penalties provided for by this section shall be paid to the
state treasurer, who shall deposit the same in the state treasury to the
credit of the governmental ethics commission fee fund.

    (d) (1) Except as provided in subsection (2), if a person fails to pay
a civil penalty provided for by this section, it shall be the duty of the
attorney general or county or district attorney commission to bring an
action to recover such civil penalty in the district court of the county in
which such person resides.

    (2) If a person required to file under subsection (f) of K.S.A. 46-247,
and amendments thereto, fails to pay a civil penalty provided for by this
section, it shall be the duty of the attorney general commission to bring
an action to recover such civil penalty in the district court of Shawnee
County, Kansas.

    Sec. 5. K.S.A. 25-4180, as amended by section 16 of 1998 Substitute
for House Bill No. 2662, 25-4180, as amended by section 5 of 1998 Senate
Bill No. 410, 46-280, as amended by section 23 of 1998 Substitute for
House Bill No. 2662, 46-280, as amended by section 7 of 1998 Senate
Bill No. 410, and K.S.A. 1997 Supp. 25-4152, as amended by section 10
of 1998 Substitute for House Bill No. 2662, and 25-4152, as amended by
section 4 of 1998 Senate Bill No. 410, and 25-4186, as amended by section
18 of 1998 Substitute for House Bill No. 2662, and 25-4186, as amended
by section 6 of 1998 Senate Bill No. 410, are hereby repealed.

    Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above Bill originated in the House,
and passed that body

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__________________________________

Speaker of the House.

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Chief Clerk of the House.

Passed the Senate __________________________

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President of the Senate

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Secretary of the Senate.

Aproved __________________________________

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Governor.