[As Amended by Senate Committee of the Whole]
         

         
As Amended by Senate Committee
         

          Session of 1998
                   
SENATE BILL No. 432
         
By Committee on Elections and Local Government
         
1-14
          12             AN ACT concerning elections; relating to campaign finance; requiring
13             the filing and disclosure of certain information; amending K.S.A. 25-
14             4150 and K.S.A. 1997 Supp. [25-4148,] 25-4152 and 25-4157a and
15             repealing the existing sections.
16            
17       Be it enacted by the Legislature of the State of Kansas:
18           Sec. 1. Section 1. K.S.A. 25-4150 is hereby amended to read as fol-
19       lows: 25-4150. (a) Except as specifically provided by this section, the
20       words and phrases used in this section shall have the same meaning as-
21       cribed thereto by K.S.A. 25-4143, and amendments thereto.
22           (b) When used in this section:
23           (1) ``Person'' means a person other than a candidate, candidate com-
24       mittee, party committee or political committee who makes contributions
25       or expenditures in an aggregate amount of $2500 or more $1000 or more
26       for a candidate for a local office or $2500 or more for a candidate
27       for a state office within the time period beginning 60 days prior to a
28       primary election and ending on the day of the general election following
29       such primary election.
30           (2) ``Expenditure'' means: (A) Any purchase, payment, distribution,
31       loan, advance, deposit or gift of money or any other thing of value made
32       for the purpose of directly or indirectly influencing the nomination or
33       election of any individual to state or local office or providing information
34       which has the effect of directly or indirectly influencing the nomination
35       or election of any individual to state or local office;
36        (2) (A) ``Expenditure'' means: (i) Any purchase, payment, dis-
37       tribution, loan, advance, deposit or gift of money or any other thing
38       of value made for the purpose of influencing or attempting to influ-
39       ence the nomination, election or defeat of any individual to state or
40       local office or providing information which has the effect of influ-
41       encing or attempting to influence the nomination, election or defeat
42       of any individual to state or local office;
43           (B) (ii) any contract to make an expenditure;

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  1           (C) (iii) a transfer of funds between any two or more candidate com-
  2       mittees, party committees or political committees;
  3           (D) (iv) payment of a candidate's filing fees.
  4           (2) (B) ``Expenditure'' does not include:
  5           (A) (i) The value of volunteer services provided without compensa-
  6       tion;
  7           (B) (ii) costs to a volunteer incidental to the rendering of volunteer
  8       services not exceeding a fair market value of $50 during an allocable
  9       election period as provided in K.S.A. 25-4149 and amendments thereto;
10           (C) (iii) payment by a candidate or candidate's spouse for personal
11       meals, lodging and travel by personal automobile of the candidate or can-
12       didate's spouse while campaigning or payment of such costs by the trea-
13       surer of a candidate or candidate committee;
14           (D) (iv) the value of goods donated to events such as testimonial
15       events, bake sales, garage sales and auctions by any person not exceeding
16       fair market value of $50 per event; or
17           (E) (v) any communication by an incumbent elected state or local
18       officer with one or more individuals unless the primary purpose thereof
19       is to directly or indirectly influence the nomination or election of a can-
20       didate for the purpose of influencing or attempting to influence the
21       nomination, election or defeat of any individual to state or local
22       office or providing information which has the effect of directly or indi-
23       rectly influencing or attempting to influence the nomination or election,
24       election or defeat of any individual to state or local office.;
25        (vi) any communication by an incumbent elected state or local
26       officer with one or more individuals unless the primary purpose
27       thereof is influencing or attempting to influence the nomination,
28       election or defeat of a candidate or providing information which
29       has the effect of directly or indirectly influencing the nomination,
30       election or defeat of any individual to state or local office;
31           (vii) costs associated with any news story, commentary or edi-
32       torial distributed in the ordinary course of business by a broad-
33       casting station, newspaper, other periodical publication or by in-
34       ternet communication;
35           (viii) costs associated with nonpartisan activities designed to
36       encourage individuals to register to vote or to vote; or
37           (ix) costs associated with internal organizational communica-
38       tions of business, labor, professional or other associations.
39           (3) ``Influencing or attempting to influence'' means any com-
40       munication containing express words of advocacy of nomination,
41       election or defeat of a candidate, or any communication containing
42       the name or picture of a candidate, or any communication contain-
43       ing the name or picture of a candidate, or any communication where

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  1       the identity of a candidate is apparent by unambiguous reference.
  2           (c) At least seven days prior to making an expenditure, any person
  3       shall make and file a statement prescribed by this section. Such statement
  4       shall be filed in the office of the secretary of state. If the expenditure is to
  5       support or oppose any candidate for local office, such statement shall be
  6       filed in the office of the county clerk of the county in which the name of
  7       such person is on the ballot. Every statement shall include:
  8           (1) The name and address of the person;
  9           (2) the name and address of the chairperson of the organization, if
10       the person is not an individual;
11           (3) the name and address of affiliated or connected organizations; and
12           (4) the full name of any organization with which the person is con-
13       nected or affiliated or, name or description sufficiently describing the
14       affiliation or, if the person is not connected or affiliated with any one
15       organization, the trade, profession or primary interest of contributors of
16       the person.
17           (d) Every person, other than a candidate or a candidate committee,
18       party committee or political committee, who makes contributions or ex-
19       penditures, other than by contribution to a candidate or a candidate com-
20       mittee, party committee or political committee, in an aggregate amount
21       of $100 or more within a calendar year shall make statements containing
22       the information required by K.S.A. 25-4148, and amendments thereto,
23       and file them in the office or offices required so that each such statement
24       is in such office or offices on the day specified in K.S.A. 25-4148, and
25       amendments thereto. If such contributions or expenditures are made to
26       support or oppose a candidate for state office, other than that of an officer
27       elected on a state-wide basis such statement shall be filed in both the
28       office of the secretary of state and in the office of the county election
29       officer of the county in which the candidate is a resident. If such contri-
30       butions or expenditures are made to support or oppose a candidate for
31       statewide office such statement shall be filed only in the office of the
32       secretary of state. If such contributions or expenditures are made to sup-
33       port or oppose a candidate for local office such statement shall be filed
34       in the office of the county election officer of the county in which the
35       candidate is a resident. Reports made under this section need not be
36       cumulative.
37           (e) Any person required to file a report pursuant to this section shall
38       maintain, in such person's own records, the name and address of any
39       person, including an individual, who has made one or more contributions
40       to such person, together with the amount and date of such contributions,
41       regardless of whether such information is required to be reported.
42           (f) Any change in information previously reported pursuant to this
43       section shall be reported on a supplemental statement of intent and filed

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  1       not later than 10 days following the change.
  2        (g) If any provision of this section or the application thereof to
  3       any person or circumstances is held invalid, the invalidity does not
  4       affect other provisions or applications of this section which can be
  5       given effect without the invalid provisions or application and to this
  6       end the provisions of this section are severable.
  7           Sec. 2. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
  8       follows: 25-4152. (a) The commission shall send a notice by registered or
  9       certified mail to any person failing to file any report or statement required
10       by K.S.A. 25-4144, 25-4145 or, 25-4148 or 25-4150[, 25-4150 or section
11       5], and amendments thereto, and to the candidate appointing any trea-
12       surer failing to file any such report, within the time period prescribed
13       therefor. The notice shall state that the required report or statement has
14       not been filed with either the office of secretary of state or county election
15       officer or both. The person failing to file any report or statement, and the
16       candidate appointing any such person, shall be responsible for the filing
17       of such report or statement. The notice also shall also state that such
18       person shall have 15 days from the date such notice is deposited in the
19       mail to comply with the registration and reporting requirements before
20       a civil penalty shall be imposed for each day that the required documents
21       remain unfiled. If such person fails to comply within the prescribed pe-
22       riod, such person shall pay to the state a civil penalty of $10 per day for
23       each day that such report or statement remains unfiled, except that no
24       such civil penalty shall exceed $300. The commission may waive, for good
25       cause, payment of any civil penalty imposed by this section.
26           (b) Civil penalties provided for by this section shall be paid to the
27       state treasurer, who shall deposit the same in the state treasury to the
28       credit of the Kansas commission on governmental standards and conduct
29       fee fund.
30           (c) If a person fails to pay a civil penalty provided for by this section,
31       it shall be the duty of the attorney general or county or district attorney
32       to bring an action to recover such civil penalty in the district court of the
33       county in which such person resides.
34        Sec. 3. K.S.A. 1997 Supp. 25-4157a is hereby amended to read
35       as follows: 25-4157a. (a) No moneys received by any candidate or
36       candidate committee of any candidate as a contribution under this
37       act shall be used or be made available for the personal use of the
38       candidate and no such moneys shall be used by such candidate or
39       the candidate committee of such candidate except for:
40           (1) Legitimate campaign purposes, for;
41           (2) expenses of holding political office or for;
42           (3) contributions to the party committees of the political party
43       of which such candidate is a member;

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  1           (4) any membership dues paid to a community service or civic or-
  2       ganization in the name of the candidate or candidate committee of such
  3       candidate;
  4           (5) donations to a community service or civic organization which do-
  5       nations are made in the name of the candidate or candidate committee of
  6       such candidate; or
  7           (6) expenses incurred in the purchase of tickets to meals and special
  8       events sponsored by any organization the major purpose of which is to
  9       promote or facilitate the social, business, commercial or economic well
10       being of the local community.
11           For the purpose of this subsection, expenditures for ``personal
12       use'' shall include expenditures to defray normal living expenses for
13       the candidate or the candidate's family and expenditures for the
14       personal benefit of the candidate having no direct connection with
15       or effect upon the campaign of the candidate or the holding of public
16       office.
17           (b) No candidate or candidate committee shall accept from any
18       other candidate or candidate committee for any candidate for local,
19       state or national office, any moneys received by such candidate or
20       candidate committee as a campaign contribution. The provisions of
21       this subsection shall not be construed to prohibit a candidate or
22       candidate committee from accepting moneys from another candi-
23       date or candidate committee if such moneys constitute a reimburse-
24       ment for one candidate's proportional share of the cost of any cam-
25       paign activity participated in by both candidates involved. Such
26       reimbursement shall not exceed an amount equal to the propor-
27       tional share of the cost directly benefiting and attributable to the
28       personal campaign of the candidate making such reimbursement.
29           (c) At the time of the termination of any campaign and prior to
30       the filing of a termination report in accordance with K.S.A. 25-4157,
31       and amendments thereto, all residual funds not otherwise not obli-
32       gated for the payment of expenses incurred in such campaign or the
33       holding of office shall be contributed to a charitable organization,
34       as defined by the laws of the state, contributed to a party committee
35       or returned as a refund in whole or in part to any contributor or
36       contributors from whom received or paid into the general fund of
37       the state.
38        [Sec. 4. K.S.A. 1997 Supp. 25-4148 is hereby amended to read
39       as follows: 25-4148. (a) Every treasurer shall file a report pre-
40       scribed by this section. Reports filed by treasurers for candidates
41       for state office, other than officers elected on a state-wide basis,
42       shall be filed in both the office of the secretary of state and in the
43       office of the county election officer of the county in which the can-

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  1       didate is a resident. Reports filed by treasurers for candidates for
  2       state-wide office shall be filed only with the secretary of state. Re-
  3       ports filed by treasurers for candidates for local office shall be filed
  4       in the office of the county election officer of the county in which
  5       the name of the candidate is on the ballot. Except as otherwise pro-
  6       vided by subsection (h), all such reports shall be filed in time to be
  7       received in the offices required on or before each of the following
  8       days:
  9           [(1) The eighth day preceding the primary election, which re-
10       port shall be for the period beginning on January 1 of the election
11       year for the office the candidate is seeking and ending 12 days be-
12       fore the primary election, inclusive;
13           [(2) the eighth day preceding a general election, which report
14       shall be for the period beginning 11 days before the primary elec-
15       tion and ending 12 days before the general election, inclusive;
16           [(3) January 10 of the year after an election year, which report
17       shall be for the period beginning 11 days before the general election
18       and ending on December 31, inclusive;
19           [(4) for any calendar year when no election is held, a report
20       shall be filed on the next January 10 for the preceding calendar
21       year;
22           [(5) a treasurer shall file only the annual report required by
23       subsection (4) for those years when the candidate is not participat-
24       ing in a primary or general election.;
25           [(6) June 10 of each year, the aggregate amount of all contributions
26       received by a committee and required to be reported pursuant to section
27       5, and amendments thereto.
28           [(b) Each report required by this section shall state:
29           [(1) Cash on hand on the first day of the reporting period;
30           [(2) the name and address of each person who has made one or
31       more contributions in an aggregate amount or value in excess of
32       $50 during the election period together with the amount and date
33       of such contributions, including the name and address of every
34       lender, guarantor and endorser when a contribution is in the form
35       of an advance or loan;
36           [(3) the aggregate amount of all proceeds from bona fide sales
37       of political materials such as, but not limited to, political campaign
38       pins, buttons, badges, flags, emblems, hats, banners and literature;
39           [(4) the aggregate amount of contributions for which the name
40       and address of the contributor is not known;
41           [(5) each contribution, rebate, refund or other receipt not oth-
42       erwise listed;
43           [(6) the total of all receipts;

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  1           [(7) the name and address of each person to whom expenditures
  2       have been made in an aggregate amount or value in excess of $50,
  3       with the amount, date, and purpose of each and the names and ad-
  4       dresses of all persons to whom any loan or advance has been made;.
  5       When an expenditure is made by payment to an advertising agency,
  6       public relations firm or political consultants for disbursement to
  7       vendors, the report of such expenditure shall show in detail the
  8       name of each such vendor and the amount, date and purpose of the
  9       payments to each;
10           [(8) the name and address of each person from whom an in-kind
11       contribution was received or who has paid for personal services
12       provided without charge to or for any candidate, candidate com-
13       mittee, party committee or political committee, if the contribution
14       is in excess of $50 and is not otherwise reported under subsection
15       (b)(7), and the amount, date and purpose of the contribution;
16           [(9) the aggregate of all expenditures not otherwise reported
17       under this section; and
18           [(10) the total of expenditures.
19           [(c) Treasurers of candidates and of candidate committees shall
20       be required to itemize, as provided in subsection (b)(2), only the
21       purchase of tickets or admissions to testimonial events by a person
22       who purchases such tickets or admissions in an aggregate amount
23       or value in excess of $50 per event, or who purchases such a ticket
24       or admission at a cost exceeding $25 per ticket or admission. All
25       other purchases of tickets or admissions to testimonial events shall
26       be reported in an aggregate amount and shall not be subject to the
27       limitations specified in K.S.A. 25-4154, and amendments thereto.
28           [(d) If a contribution or other receipt from a political committee
29       is required to be reported under subsection (b), the report shall
30       include the full name of the organization with which the political
31       committee is connected or affiliated or, name or description suffi-
32       ciently describing the affiliation or, if the committee is not con-
33       nected or affiliated with any one organization, the trade, profession
34       or primary interest of contributors of the political committee.
35           [(e) The commission may require any treasurer to file an
36       amended report for any period for which the original report filed
37       by such treasurer contains material errors or omissions, and notice
38       of the errors or omissions shall be part of the public record. The
39       amended report shall be filed within 30 days after notice by the
40       commission.
41           [(f) The commission may require any treasurer to file a report
42       for any period for which the required report is not on file, and notice
43       of the failure to file shall be part of the public record. Such report

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  1       shall be filed within five days after notice by the commission.
  2           [(g) For the purpose of any report required to be filed pursuant
  3       to subsection (a) by the treasurer of any candidate seeking nomi-
  4       nation by convention or caucus or by the treasurer of the candi-
  5       date's committee or by the treasurer of any party committee or po-
  6       litical committee of which the primary purpose is supporting or
  7       opposing the nomination of any such candidate, the date of the con-
  8       vention or caucus shall be considered the date of the primary elec-
  9       tion.
10           [(h) If a report is sent by certified or registered mail on or before
11       the day it is due, the mailing shall constitute receipt by that office.
12           [New Sec. 5. (a) When used in this section:
13           [(1) ``Committee'' means (A) the committee established by a
14       state committee of any political party and designated as a recog-
15       nized political committee for the senate or house of representatives;
16       or (B) a political committee established by members of either house
17       of the legislature belonging to the same political party and desig-
18       nated as a political committee for the member of such party in such
19       house.
20           [(2) ``Final action'' means the last vote on a legislative matter
21       by the members of each chamber of the legislature.
22           [(3) ``Legislative matter'' means any bill, resolution, appoint-
23       ment or other issue or proposal pending before the legislature, com-
24       mittee or subcommittee thereof.
25           [(b) The treasurer of any committee receiving contributions
26       from persons seeking to influence action on a legislative matter dur-
27       ing the time period specified by K.S.A. 25-4143, and amendments
28       thereto, shall file a report in the office of the secretary of state prior
29       to the time of final action on such legislative matter. Such report
30       shall contain the information required by K.S.A.25-4148, and
31       amendments thereto.]
32           Sec. 3 4 [6]. K.S.A. 25-4150 and K.S.A. 1997 Supp. [25-4148,]
33       25-4152 and 25-4157a are hereby repealed.
34           Sec. 4 5 [7]. This act shall take effect and be in force from and after
35       its publication in the statute book.
36