SENATE BILL No. 410

      An Act concerning the commission on governmental standards and conduct; relating to
      powers and duties thereof; amending K.S.A. 25-4158, 25-4180, 46-260 and 46-280 and
      K.S.A. 1997 Supp. 25-4152 and 25-4186 and repealing the existing sections.

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

    Section 1. K.S.A. 25-4158 is hereby amended to read as follows:
25-4158. (a) The secretary of state shall: (1) Furnish forms prescribed
and provided by the commission for making reports and statements re-
quired to be filed in the office of the secretary of state by the campaign
finance act; and

    (2) make such reports and statements available for public inspection
and copying during regular office hours.

    (b) The county election officer shall: (1) Furnish forms prescribed
and provided by the commission for making reports and statements re-
quired to be filed in the office of the county election officer by the cam-
paign finance act; and

    (2) make such reports and statements available for public inspection
and copying during regular office hours.

    (c) The commission may investigate, or cause to be investigated, any
matter required to be reported upon by any person under the provisions
of the campaign finance act, or any matter to which the campaign finance
act applies irrespective of whether a complaint has been filed in relation
thereto.

    (d) (1) For the purpose of any investigation or proceeding under this
act After a preliminary investigation of any matter reported to the com-
mission pursuant to subsection (c), and upon specific written findings of
fact and conclusions of law by the commission that there is a reasonable
suspicion that a violation of the campaign finance act has occurred, the
commission or any officer designated by the commission may, after having
complied with the requirements of part (2) of this subsection, administer
oaths and affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of any books, papers, correspon-
dence, memoranda, agreements, or other documents or records which
the commission deems relevant or material to the inquiry investigation.
The commission shall reimburse the reasonable costs of production of
documents subject to subpoena. All subpoenas and subpoenas duces
tecum issued under this section shall be authorized by the affirmative
vote of not less than 3/4 of the members of the commission. Any vote
authorizing the issuance of a subpoena or subpoena duces tecum shall be
taken at a meeting where the commissioners are in physical presence.
Subpoenas duces tecum shall be limited to items reasonably relevant to
such alleged violations. Upon the request of any person subpoenaed to
appear and give testimony or to produce books, papers or documents, the
commission shall provide a copy of the written findings of facts and con-
clusions of laws relating to the alleged violation committed by such person.

    (2) If the commission finds there is reasonable suspicion that a vio-
lation of the act has occurred, the commission shall communicate, by a
signed writing specifically stating such alleged violations, with the persons
being investigated and allow them 30 days to respond. After reviewing
the information from such respondent, and a determination is made that
further investigation is required, the commission may issue a subpoena
by a 3/4 vote of the commission members. Subpoenas duces tecum shall
be limited to items reasonably relevant to such alleged violations.

    (3) (2) In case of contumacy by, or refusal to obey a subpoena issued
to any person, the district court of Shawnee county, upon application by
the commission, or any officer designated by the commission, may issue
to that person an order requiring the person to appear before the com-
mission or any officer designated by the commission, there to produce
documentary evidence if so ordered or to give evidence touching the
matter under investigation or in question. Any failure to obey the order
of the court may be punished by the court as a contempt of court.

    (4) No person is excused from attending or testifying or from pro-
ducing any document or record before the commission, or obedience to
the subpoena of the commission or any officer designated by the com-
mission, or in any proceeding instituted by the commission, on the ground
that the testimony or evidence (documentary or otherwise) required of
the person may tend to incriminate the person or subject the person to
a penalty or forfeiture. No individual may be prosecuted or subjected to
any criminal penalty or forfeiture for or on account of any transaction,
matter or thing concerning which such person is compelled, after claiming
privilege against self-incrimination, to testify or produce evidence (doc-
umentary or otherwise), except that the individual so testifying shall not
be exempt from prosecution and punishment for perjury committed in
so testifying.

    Sec. 2. K.S.A. 46-260 is hereby amended to read as follows: 46-260.
(a) The commission may investigate, or cause to be investigated, any mat-
ter required to be reported upon by any person under the provisions of
this act the state governmental ethics law, or any matter to which this act
the state governmental ethics law applies, irrespective of whether a com-
plaint has been filed in relation thereto.

    (b) (1) For the purpose of any investigation or proceeding under this
act After a preliminary investigation of any matter reported to the com-
mission pursuant to subsection (a), and upon specific written findings of
fact and conclusions of law by the commission that there is a reasonable
suspicion that a violation of the state governmental ethics law has oc-
curred, the commission or any officer designated by the commission may,
after having complied with the requirements of part (2) of this subsection,
administer oaths and affirmations, subpoena witnesses, compel their at-
tendance, take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records
which the commission deems relevant or material to the inquiry investi-
gation. The commission shall reimburse the reasonable costs of produc-
tion of documents subject to subpoena. All subpoenas and subpoenas
duces tecum issued under this section shall be authorized by the affir-
mative vote of not less than 3/4 of the members of the commission. Any
vote authorizing the issuance of a subpoena or subpoena duces tecum shall
be taken at a meeting where the commissioners are in physical presence.
Subpoenas duces tecum shall be limited to items reasonably relevant to
such alleged violations. Upon the request of any person subpoenaed to
appear and give testimony or to produce books, papers or documents, the
commission shall provide a copy of the written findings of facts and con-
clusions of laws relating to the alleged violation committed by such person.

    (2) If the commission finds there is reasonable suspicion that a vio-
lation of the act has occurred, the commission shall communicate, by a
signed writing specifically stating such alleged violations, with the persons
being investigated and allow them 30 days to respond. After reviewing
the information from such respondent, and a determination is made that
further investigation is required, the commission may issue a subpoena
by a 3/4 vote of the commission members. Subpoenas duces tecum shall
be limited to items reasonably relevant to such alleged violations.

    (3) (2) In case of contumacy by, or refusal to obey a subpoena issued
to any person, the district court of Shawnee county, upon application by
the commission, or any officer designated by the commission, may issue
to that person an order requiring the person to appear before the com-
mission or any officer designated by the commission, there to produce
documentary evidence if so ordered or to give evidence touching the
matter under investigation or in question. Any failure to obey the order
of the court may be punished by the court as a contempt of court.

    (4) No person is excused from attending or testifying or from pro-
ducing any document or record before the commission, or obedience to
the subpoena of the commission or any officer designated by the com-
mission, or in any proceeding instituted by the commission, on the ground
that the testimony or evidence (documentary or otherwise) required of
the person may tend to incriminate the person or subject the person to
a penalty or forfeiture. No individual may be prosecuted or subjected to
any criminal penalty or forfeiture for or on account of any transaction,
matter or thing concerning which such person is compelled, after claiming
privilege against self-incrimination, to testify or produce evidence (doc-
umentary or otherwise), except that the individual so testifying shall not
be exempt from prosecution and punishment for perjury committed in
so testifying.

    New Sec. 3. K.S.A. 46-215 through 46-293 and K.S.A. 1997 Supp.
46-237a, and amendments thereto, shall be known and may be cited as
the state governmental ethics law.

    Sec. 4. K.S.A. 1997 Supp. 25-4152 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 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 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 Kansas commission on governmental standards and conduct
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. 5. K.S.A. 25-4180 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
contributions or contributions in kind in an aggregate amount or value in
excess of $50 received during the preceding calendar year for such pur-
poses. 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 shall
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, to-
gether 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.

    The word ``person'' as used herein means an individual, corporation,
partnership, association, organization or other legal entity.

    (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 Kansas commission on governmental standards and conduct
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. 6. K.S.A. 1997 Supp. 25-4186 is hereby amended to read as
follows: 25-4186. (a) Not later than 10 days after receiving any contri-
bution or making any expenditure for a gubernatorial inauguration, the
governor-elect shall appoint an inaugural treasurer. The name and ad-
dress 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 shall, 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 shall 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 con-
tributions 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 trea-
sury 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 Kansas commission on governmental standards and con-
duct 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 shall 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 Kansas commission on governmental standards and
conduct 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. 7. K.S.A. 46-280 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 shall 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 Kansas commission on governmental standards and conduct
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. 8. K.S.A. 25-4158, 25-4180, 46-260 and 46-280 and K.S.A. 1997
Supp. 25-4152 and 25-4186 are hereby repealed.

    Sec. 9. 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
Senate, and passed that body

__________________________________

Senate concurred in
House amendments__________________________

__________________________________

President of the Senate.

__________________________________

Secretary of the Senate.

Passed the House
as amended __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Approved __________________________

__________________________________

Governor.