Session of 1998
                   
SENATE BILL No. 480
         
By Committee on Elections and Local Government
         
1-21
            9             AN ACT changing the name of the Kansas commission on governmental
10             standards and conduct; amending K.S.A. 25-4119a, 25-4119e, 25-4180,
11             46-246a, 46-253, 46-280, 46-288, 75-4302a and 75-4303a and K.S.A.
12             1997 Supp. 25-4119f, 25-4143, 25-4145, 25-4152, 25-4181, 25-4186,
13             46-237 and 46-265 and repealing the existing sections.
14            
15       Be it enacted by the Legislature of the State of Kansas:
16           Section 1. K.S.A. 25-4119a is hereby amended to read as follows: 25-
17       4119a. (a) There is hereby created the Kansas commission on govern-
18       mental standards and conduct.
19           (b) On July 1, 1998, the Kansas commission on governmental stan-
20       dards and conduct is hereby redesignated as the governmental ethics com-
21       mission. On and after July 1, 1998, whenever the Kansas commission on
22       governmental standards and conduct, or words of like effect, is referred
23       to or designated by a statute, contract or other document, such reference
24       or designation shall be deemed to apply to the governmental ethics com-
25       mission. Nothing in this act shall be construed as abolishing and reesta-
26       blishing the Kansas commission on governmental standards and conduct.
27       The commission shall consist of nine members of whom two shall be
28       appointed by the governor, one by the president of the senate, one by
29       the speaker of the house of representatives, one by the minority leader
30       of the house of representatives, one by the minority leader of the senate,
31       one by the chief justice of the supreme court, one by the attorney general
32       and one by the secretary of state. The terms of such members shall be as
33       follows: The member appointed by the governor serving on the effective
34       date of this act and the members appointed by the speaker of the house
35       of representatives and the president of the senate shall serve until January
36       31, 1991; the additional member appointed by the governor and the mem-
37       bers appointed by the attorney general and the secretary of state shall
38       serve until January 31, 1992; the members appointed by the minority
39       leader of the house of representatives and by the minority leader of the
40       senate shall serve until January 31, 1993; and the member appointed by
41       the chief justice of the supreme court shall serve until January 31, 1994.
42       Nothing in this act shall be construed as affecting the terms of members
43       serving on July 1, 1998. Not more than five members of the commission

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  1       shall be members of the same political party and the two members ap-
  2       pointed by the governor shall not be members of the same political party.
  3           (b) (c) The terms of all subsequently appointed members shall be two
  4       years commencing on February 1 of the appropriate years. Vacancies
  5       occurring on the commission shall be filled for the unexpired term by the
  6       same appointing officer as made the original appointment. Members shall
  7       serve until their successors are appointed and qualified. The governor
  8       shall designate one of the members appointed by the governor to be the
  9       chairperson of the commission. A majority vote of five members of the
10       commission shall be required for any action of the commission. The com-
11       mission may adopt rules to govern its proceedings and may provide for
12       such officers other than the chairperson as it may determine. The com-
13       mission shall meet at least once each quarter, and also shall meet on call
14       of its chairperson or any four members of the commission. Members of
15       the commission attending meetings of such commission, or attending a
16       subcommittee meeting thereof authorized by such commission, shall be
17       paid compensation, subsistence allowances, mileage and other expenses
18       as provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223, and
19       amendments thereto. The commission shall appoint an executive director
20       who shall be in the unclassified service and receive compensation fixed
21       by the commission, in accordance with appropriation acts of the legisla-
22       ture, subject to approval by the governor. The commission may employ
23       such other staff and attorneys as it determines, within amounts appro-
24       priated to the commission, all of whom shall be in the unclassified service
25       and shall receive compensation fixed by the commission and not subject
26       to approval by the governor.
27           (c) (d) The commission may adopt rules and regulations for the ad-
28       ministration of the campaign finance act. Subject to K.S.A. 25-4178, and
29       amendments thereto, rules and regulations adopted by the commission
30       created prior to this act shall continue in force and effect and shall be
31       deemed to be the rules and regulations of the commission created by this
32       section of this enactment, until revised, amended, repealed or nullified
33       pursuant to law. All rules and regulations of the commission shall be
34       subject to the provisions of article 4 of chapter 77 of Kansas Statutes
35       Annotated. The commission shall continue to administer all of the acts
36       administered by the commission to which it is successor.
37           (d) (e) The commission may provide copies of opinions, informational
38       materials compiled and published by the commission and public records
39       filed in the office of the commission to persons requesting the same and
40       may adopt rules and regulations fixing reasonable fees therefor. All fees
41       collected by the commission under the provisions of this subsection shall
42       be paid to the state treasurer who shall deposit the same in the state
43       treasury to the credit of the Kansas governmental ethics commission on

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  1       governmental standards and conduct fee fund.
  2           (e) (f) The commission shall submit an annual report and recom-
  3       mendations in relation to all acts administered by the commission to the
  4       governor and to the legislative coordinating council on or before Decem-
  5       ber 1 of each year. The legislative coordinating council shall transmit such
  6       report and recommendations to the legislature.
  7           (f) (g) Whenever the ;µblic disclosure commission Kansas commis-
  8       sion on governmental standards and conduct, or words of like effect, is
  9       referred to or designated by a statute, contract or other document, such
10       reference or designation shall be deemed to apply to the Kansas com-
11       mission on governmental ;§andards and conduct created by this section
12       ethics commission.
13           Sec. 2. K.S.A. 25-4119e is hereby amended to read as follows: 25-
14       4119e. (a) There is hereby established in the state treasury the Kansas
15       governmental ethics commission on governmental standards and conduct
16       fee fund. All moneys credited to such fund shall be used for the operations
17       of the commission in the performance of powers, duties and functions
18       prescribed by law. All expenditures from such fund shall be made in
19       accordance with the provisions of appropriation acts and upon warrants
20       of the director of accounts and reports issued pursuant to vouchers ap-
21       proved by the chairperson of the commission or the chairperson's des-
22       ignee.
23           (b) The director of accounts and reports is hereby directed to transfer
24       all moneys in the Kansas commission on governmental standards and
25       conduct fee fund to the governmental ethics commission fee fund estab-
26       lished pursuant to subsection (a). All liabilities of the Kansas commission
27       on governmental standards and conduct fee fund existing prior to July 1,
28       1998, are hereby imposed on the governmental ethics commission fee fund
29       established pursuant to subsection (a). The Kansas commission on gov-
30       ernmental standards and conduct fee fund is hereby abolished.
31           Sec. 3. K.S.A. 1997 Supp. 25-4119f is hereby amended to read as
32       follows: 25-4119f. (a) In addition to any other fee required by law, every
33       person becoming a candidate for the following offices shall pay a fee at
34       the time of filing for such office in the amount prescribed by this section:
35       \tb\     (1) Governor and lieutenant governor[cm$400;[cm
36           (2) state offices elected by statewide election, other than the governor
37                                             and lieutenant governor[cm$400;[cm
38           (3) state senator, state representative, state board of education, dis-
39                                             trict attorney, board of public utilities of the city of Kansas City
40                                             and elected county offices[cm$30;[et

41                                                and
42       \tb\     (4) members of boards of education of unified school districts having
43                                                     35,000 or more pupils regularly enrolled in the preceding school
44                                                     [et

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1           (4) year, members of governing bodies of cities of the first class andjudges of the district court in judicial districts in which judges areelected[cm$30.
  2                                                         (b) The secretary of state shall remit all fees received by that office
  3                                                     to the state treasurer. County election officers receiving fees in accor-
  4                                                     dance with this section shall remit such fees to the county treasurer of
  5                                                     the county who shall quarterly remit the same to the state treasurer. Upon
  6                                                     receipt of such remittance, the state treasurer shall deposit the entire
  7                                                     amount in the state treasury to the credit of the Kansas governmental
  8                                                     ethics commission on governmental standards and conduct fee fund.
  9           Sec. 4. K.S.A. 1997 Supp. 25-4143 is hereby amended to read as
10       follows: 25-4143. As used in the campaign finance act, unless the context
11       otherwise requires:
12           (a) ``Candidate'' means an individual who: (1) Appoints a treasurer or
13       a candidate committee,;
14           (2) makes a public announcement of intention to seek nomination or
15       election to state or local office,;
16           (3) makes any expenditure or accepts any contribution for the pur-
17       pose of influencing such person's nomination or election to any state or
18       local office,; or
19           (4) files a declaration or petition to become a candidate for state or
20       local office.
21           (b) ``Candidate committee'' means a committee appointed by a can-
22       didate to receive contributions and make expenditures for the candidate.
23           (c) ``Commission'' means the Kansas governmental ethics commission
24       on governmental standards and conduct created by K.S.A. 25-4119a and
25       amendments thereto.
26           (d) (1) ``Contribution'' means:
27           (A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
28       ment of money or any other thing of value made for the purpose of
29       influencing the nomination or election of any individual to state or local
30       office;
31           (B) a transfer of funds between any two or more candidate commit-
32       tees, party committees or political committees;
33           (C) the payment, by any person other than a candidate, candidate
34       committee, party committee or political committee, of compensation to
35       an individual for the personal services rendered without charge to or for
36       a candidate's campaign or to or for any such committee;
37           (D) the purchase of tickets or admissions to, or advertisements in
38       journals or programs for, testimonial events;
39           (E) a mailing of materials designed to influence the nomination or
40       election of a candidate, which is made and paid for by a party committee
41       with the consent of such candidate.

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  1           (2) ``Contribution'' does not include:
  2           (A) The value of volunteer services provided without compensation;
  3           (B) costs to a volunteer related to the rendering of volunteer services
  4       not exceeding a fair market value of $50 during an allocable election
  5       period as provided in K.S.A. 25-4149, and amendments thereto;
  6           (C) payment by a candidate or candidate's spouse for personal meals,
  7       lodging and travel by personal automobile of the candidate or candidate's
  8       spouse while campaigning;
  9           (D) the value of goods donated to events such as testimonial events,
10       bake sales, garage sales and auctions by any person not exceeding a fair
11       market value of $50 per event.
12           (e) ``Election'' means:
13           (1) A primary or general election for state or local office; and
14           (2) a convention or caucus of a political party held to nominate a
15       candidate for state or local office.
16           (f) (1) ``Expenditure'' means:
17           (A) Any purchase, payment, distribution, loan, advance, deposit or
18       gift of money or any other thing of value made for the purpose of influ-
19       encing the nomination or election of any individual to state or local office;
20           (B) any contract to make an expenditure;
21           (C) a transfer of funds between any two or more candidate commit-
22       tees, party committees or political committees; or
23           (D) payment of a candidate's filing fees.
24           (2) ``Expenditure'' does not include:
25           (A) The value of volunteer services provided without compensation;
26           (B) costs to a volunteer incidental to the rendering of volunteer serv-
27       ices not exceeding a fair market value of $50 during an allocable election
28       period as provided in K.S.A. 25-4149, and amendments thereto;
29           (C) payment by a candidate or candidate's spouse for personal meals,
30       lodging and travel by personal automobile of the candidate or candidate's
31       spouse while campaigning or payment of such costs by the treasurer of a
32       candidate or candidate committee;
33           (D) the value of goods donated to events such as testimonial events,
34       bake sales, garage sales and auctions by any person not exceeding fair
35       market value of $50 per event; or
36           (E) any communication by an incumbent elected state or local officer
37       with one or more individuals unless the primary purpose thereof is to
38       influence the nomination or election of a candidate.
39           (g) ``Party committee'' means:
40           (1) The state committee of a political party regulated by article 3 of
41       chapter 25 of the Kansas Statutes Annotated, or;
42           (2) the county central committee or the state committee of a political
43       party regulated under article 38 of chapter 25 of the Kansas Statutes

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  1       Annotated or;
  2           (3) the bona fide national organization or committee of those political
  3       parties regulated by the Kansas Statutes Annotated, or;
  4           (4) not more than one political committee established by the state
  5       committee of any such political party and designated as a recognized
  6       political committee for the senate or; or
  7           (5) not more than one political committee established by the state
  8       committee of any such political party and designated as a recognized
  9       political committee for the house of representatives.
10           (h) ``Person'' means any individual, committee, corporation, partner-
11       ship, trust, organization or association.
12           (i) ``Political committee'' means any combination of two or more in-
13       dividuals or any person other than an individual, a major purpose of which
14       is to support or oppose any candidate for state or local office, but not
15       including any candidate committee or party committee.
16           (j) ``Receipt'' means a contribution or any other money or thing of
17       value, but not including volunteer services provided without compensa-
18       tion, received by a treasurer in the treasurer's official capacity.
19           (k) ``State office'' means any state office as defined in K.S.A. 25-2505,
20       and amendments thereto.
21           (l) ``Testimonial event'' means an event held for the benefit of an
22       individual who is a candidate to raise funds for such candidate's campaign.
23       Testimonial events include but are not limited to dinners, luncheons,
24       rallies, barbecues and picnics.
25           (m) ``Treasurer'' means a treasurer of a candidate or of a candidate
26       committee, a party committee or a political committee appointed under
27       the campaign finance act or a treasurer of a combination of individuals
28       or a person other than an individual which is subject to paragraph (2) of
29       subsection (a) of K.S.A. 25-4172, and amendments thereto.
30           (n) ``Local office'' means a member of the governing body of a city
31       of the first class, any elected office of a unified school district having
32       35,000 or more pupils regularly enrolled in the preceding school year, a
33       county or of the board of public utilities.
34           Sec. 5. K.S.A. 1997 Supp. 25-4145 is hereby amended to read as
35       follows: 25-4145. (a) Each party committee and each political committee
36       which anticipates receiving contributions or making expenditures shall
37       appoint a chairperson and a treasurer. The chairperson of each party
38       committee and each political committee which supports or opposes a
39       candidate for state office shall make a statement of organization and file
40       it with the secretary of state not later than 10 days after establishment of
41       such committee. The chairperson of each political committee, the major
42       purpose of which is to support or oppose any candidate for local office,
43       shall make a statement of organization and file it with the county election

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  1       officer not later than 10 days after establishment of such committee.
  2           (b) Every statement of organization shall include:
  3           (1) The name and address of the committee;
  4           (2) the names and addresses of the chairperson and treasurer of the
  5       committee;
  6           (3) the names and addresses of affiliated or connected organizations;
  7       and
  8           (4) in the case of a political committee, the full name of the organi-
  9       zation with which the committee is connected or affiliated or, name or
10       description sufficiently describing the affiliation or, if the committee is
11       not connected or affiliated with any one organization, the trade, profes-
12       sion or primary interest of contributors of the political committee.
13           (c) Any change in information previously reported in a statement of
14       organization shall be reported on a supplemental statement of organiza-
15       tion and filed not later than 10 days following the change.
16           (d) (1) Each political committee which anticipates receiving contri-
17       butions shall register annually with the commission on or before July 1
18       of each year. Each political committee registration shall be in the form
19       and contain such information as may be required by the commission.
20           (2) Each registration by a political committee anticipating the receipt
21       of $2,501 or more in any calendar year shall be accompanied by an annual
22       registration fee of $200.
23           (3) Each registration by a political committee anticipating the receipt
24       of more than $500 but less than $2,501 in any calendar year shall be
25       accompanied by an annual registration fee of $30.
26           (4) Each registration by a political committee anticipating the receipt
27       of $500 or less in any calendar year shall be accompanied by an annual
28       registration fee of $15.
29           (5) Any political committee which is currently registered under sub-
30       section (d)(3) or (d)(4) and which receives contributions in excess of
31       $2,500 for a calendar year, shall file, within three days of the date when
32       contributions exceed such amount, an amended registration form which
33       shall be accompanied by an additional fee for such year equal to the
34       difference between $200 and the amount of the fee that accompanied
35       the current registration.
36           (6) Any political committee which is currently registered under sub-
37       section (d)(4) and which receives contributions in excess of $500 but
38       which are less than $2,501, shall file, within three days of the date when
39       contributions exceed $500, an amended registration form which shall be
40       accompanied by an additional fee of $15 for such year.
41           (e) All such fees received by or for the commission shall be remitted
42       to the state treasurer at least monthly. Upon receipt of each such remit-
43       tance, the state treasurer shall deposit the entire amount in the state

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  1       treasury to the credit of the Kansas governmental ethics commission on
  2       governmental standards and conduct fee fund.
  3           Sec. 6. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
  4       follows: 25-4152. (a) The commission shall send a notice by registered or
  5       certified mail to any person failing to file any report or statement required
  6       by K.S.A. 25-4144, 25-4145 or 25-4148, and amendments thereto, and to
  7       the candidate appointing any treasurer failing to file any such report,
  8       within the time period prescribed therefor. The notice shall state that the
  9       required report or statement has not been filed with either the office of
10       secretary of state or county election officer or both. The person failing to
11       file any report or statement, and the candidate appointing any such per-
12       son, shall be responsible for the filing of such report or statement. The
13       notice shall also shall state that such person shall have 15 days from the
14       date such notice is deposited in the mail to comply with the registration
15       and reporting requirements before a civil penalty shall be imposed for
16       each day that the required documents remain unfiled. If such person fails
17       to comply within the prescribed period, such person shall pay to the state
18       a civil penalty of $10 per day for each day that such report or statement
19       remains unfiled, except that no such civil penalty shall exceed $300. The
20       commission may waive, for good cause, payment of any civil penalty im-
21       posed by this section.
22           (b) Civil penalties provided for by this section shall be paid to the
23       state treasurer, who shall deposit the same in the state treasury to the
24       credit of the Kansas governmental ethics commission on governmental
25       standards and conduct fee fund.
26           (c) If a person fails to pay a civil penalty provided for by this section,
27       it shall be the duty of the attorney general or county or district attorney
28       to bring an action to recover such civil penalty in the district court of the
29       county in which such person resides.
30           Sec. 7. K.S.A. 25-4180 is hereby amended to read as follows: 25-
31       4180. (a) As used in this section, ``person'' means an individual, corpo-
32       ration, partnership, association, organization or other legal entity.
33           Every person who engages in any activity promoting or opposing the
34       adoption or repeal of any provision of the Kansas constitution and who
35       accepts moneys or property for the purpose of engaging in such activity
36       shall make an annual report to the secretary of state of individual contri-
37       butions or contributions in kind in an aggregate amount or value in excess
38       of $50 received during the preceding calendar year for such purposes.
39       The report shall show the name and address of each contributor for the
40       activity and the amount or value of the individual contribution made,
41       together with a total value of all contributions received, and shall also
42       account for expenditures in an aggregate amount or value in excess of
43       $50 from such contributions by showing the amount or value expended

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  1       to each payee and the purpose of each such expenditure, together with a
  2       total value of all expenditures made. The annual report shall be filed on
  3       or before February 15 of each year for the preceding calendar year.
  4           In addition to the annual report, a person engaging in an activity pro-
  5       moting the adoption or repeal of a provision of the Kansas constitution
  6       who accepts any contributed moneys for such activity shall make a pre-
  7       liminary report to the secretary of state 15 days prior to each election at
  8       which a proposed constitutional amendment is submitted. Such report
  9       shall show the name and address of each individual contributor, together
10       with the amount contributed or contributed in kind in an aggregate
11       amount or value in excess of $50, and the expenditures in an aggregate
12       amount or value in excess of $50 from such contributions by showing the
13       amount paid to each payee and the purpose of the expenditure. A sup-
14       plemental report in the same format as the preliminary report shall be
15       filed with the secretary of state within 15 days after any election on a
16       constitutional proposition where contributed funds are received and ex-
17       pended in opposing or promoting such proposition.
18           Any person who engages in any activity promoting or opposing the
19       adoption or repeal of any provision of the Kansas constitution shall be
20       considered engaged in such activity upon the date the concurrent reso-
21       lution passes the Kansas house of representatives and senate in its final
22       form. Upon such date, if the person has funds in the constitutional
23       amendment campaign treasury, such person shall be required to report
24       such funds as provided by this section.
25           The word ``person'' as used herein means an individual, corporation,
26       partnership, association, organization or other legal entity.
27           (b) (1) The commission shall send a notice by registered or certified
28       mail to any person failing to file any report required by subsection (a)
29       within the time period prescribed therefor. The notice shall state that the
30       required report has not been filed with the office of the secretary of state.
31       The notice shall also state that such person shall have 15 days from the
32       date such notice is deposited in the mail to comply with the reporting
33       requirements before a civil penalty shall be imposed for each day that
34       the required documents remain unfiled. If such person fails to comply
35       within the prescribed period, such person shall pay to the state a civil
36       penalty of $10 per day for each day that such report remains unfiled,
37       except that no such civil penalty shall exceed $300. The commission may
38       waive, for good cause, payment of any civil penalty imposed by this sec-
39       tion.
40           (2) Civil penalties provided for by this section shall be paid to the
41       state treasurer, who shall deposit the same in the state treasury to the
42       credit of the Kansas governmental ethics commission on governmental
43       standards and conduct fee fund.

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  1           (3) If a person fails to pay a civil penalty provided for by this section,
  2       it shall be the duty of the attorney general or county or district attorney
  3       to bring an action to recover such civil penalty in the district court of the
  4       county in which such person resides.
  5           (c) The intentional failure to file any report required by subsection
  6       (a) is a class A misdemeanor.
  7           (d) This section shall be part of and supplemental to the campaign
  8       finance act.
  9           Sec. 8. K.S.A. 1997 Supp. 25-4181 is hereby amended to read as
10       follows: 25-4181. (a) The commission, in addition to any other penalty
11       prescribed under the campaign finance act, may assess a civil fine, after
12       proper notice and an opportunity to be heard, against any person for a
13       violation of the campaign finance act in an amount not to exceed $5,000
14       for the first violation, $10,000 for the second violation and $15,000 for
15       the third violation and for each subsequent violation. Whenever any civil
16       fine or penalty is proposed to be assessed against the treasurer of any
17       candidate who is not also the candidate, such notice shall be given to both
18       the treasurer and the candidate prior to the assessment of such fine or
19       penalty. All fines assessed and collected under this section shall be re-
20       mitted promptly to the state treasurer. Upon receipt thereof, the state
21       treasurer shall deposit the entire amount in the state treasury and credit
22       it to the Kansas governmental ethics commission on governmental stan-
23       dards and conduct fee fund.
24           (b) No individual who has failed to pay any civil penalty or civil fine
25       assessed, or failed to file any report required to be filed, under the cam-
26       paign finance act, unless such penalty or fine has been waived or is under
27       appeal, shall be eligible to become a candidate for state office or local
28       office under the laws of the state until such penalty or fine has been paid
29       or ;s on appeal or such report has been filed or both such penalty or fine
30       has been paid and such report filed.
31           Sec. 9. K.S.A. 1997 Supp. 25-4186 is hereby amended to read as
32       follows: 25-4186. (a) Not later than 10 days after receiving any contri-
33       bution or making any expenditure for a gubernatorial inauguration, the
34       governor-elect shall appoint an inaugural treasurer. The name and ad-
35       dress of such treasurer shall be reported to the secretary of state by the
36       governor-elect not later than 10 days after the appointment.
37           (b) No person shall make any expenditure or make or receive any
38       contribution or receipt, in kind or otherwise, for a gubernatorial inau-
39       guration except by or through the inaugural treasurer.
40           (c) The inaugural treasurer shall keep detailed accounts of all contri-
41       butions and other receipts received, in kind or otherwise, and all expend-
42       itures made for a gubernatorial inauguration. Accounts of the treasurer
43       may be inspected under conditions determined by the commission and

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  1       shall be preserved for a period to be designated by the commission. Every
  2       person who receives a contribution or other receipt, in kind or otherwise,
  3       for an inaugural treasurer more than five days before the ending date of
  4       any period for which a report is required under this section shall, on
  5       demand of the treasurer, or in any event on or before the ending date of
  6       the reporting period, shall remit the same and render to the treasurer an
  7       account thereof, including the name and address of the person, if known,
  8       making the contribution or other receipt and the date received. No con-
  9       tribution or other receipt received by the inaugural treasurer shall be
10       commingled with personal funds of the governor-elect or inaugural treas-
11       urer.
12           (d) The inaugural treasurer shall file with the secretary of state a
13       report on March 10 and July 10 following the inauguration. The report
14       filed on March 10 shall be for the period ending on February 28 and the
15       report filed on July 10 shall be for the period beginning on March 1 and
16       ending on June 30. Each report shall contain the information required to
17       be stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and
18       amendments thereto, and a declaration as to the correctness of the report
19       in the form prescribed by K.S.A. 25-4151, and amendments thereto. The
20       July 10 report shall be a termination report which shall include full in-
21       formation as to the disposition of residual funds. If a report is sent by
22       certified mail on or before the day it is due, the mailing shall constitute
23       receipt by the secretary of state.
24           (e) The aggregate amount contributed, in kind or otherwise, by any
25       person for a gubernatorial inauguration shall not exceed $2,000. No per-
26       son shall make a contribution in the name of another person, and no
27       person shall knowingly shall accept a contribution made by one person
28       in the name of another. No person shall give or accept any contribution
29       in excess of $10 unless the name and address of the contributor is made
30       known to the individual receiving the contribution. The aggregate of con-
31       tributions for which the name and address of the contributor is not known
32       shall not exceed 50% of the amount one person may contribute.
33           (f) No person shall copy any name of a contributor from any report
34       filed under this section and use such name for any commercial purpose,
35       and no person shall use any name for a commercial purpose with knowl-
36       edge that such name was obtained solely by copying information relating
37       to contributions contained in any report filed under this section.
38           (g) In addition to other reports required by this section, the inaugural
39       treasurer shall report the amount and nature of debts and obligations
40       owed for the gubernatorial inauguration, at times prescribed by the com-
41       mission, continuing until such debts and obligations are fully paid or dis-
42       charged.
43           (h) No moneys received by any inaugural treasurer shall be used or

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  1       be made available for the personal use of the governor-elect or governor
  2       and no such moneys shall be used by such governor-elect or governor
  3       except for legitimate gubernatorial inauguration expenses.
  4           For the purpose of this subsection, expenditures for ``personal use''
  5       shall include expenditures to defray normal living expenses and expend-
  6       itures for personal benefit having no direct connection with or effect upon
  7       the inauguration.
  8           (i) Before the filing of a termination report in accordance with this
  9       section, all residual funds not otherwise obligated for the payment of
10       expenses incurred for the gubernatorial inauguration shall be remitted to
11       the state treasurer who shall deposit the entire amount in the state treas-
12       ury and credit:
13           (1) To the inaugural expense fund created by K.S.A. 1997 Supp.
14       25-4187, and amendments thereto: (A) An amount equal to the amount
15       certified to the director of accounts and reports by the adjutant general
16       as the amount expended by the adjutant general for expenses incurred in
17       connection with the gubernatorial inauguration; or (B) if the amount of
18       residual funds is less than the amount certified, the entire amount of the
19       deposit; and
20           (2) to the Kansas governmental ethics commission on governmental
21       standards and conduct fee fund created by K.S.A. 25-4119e, and amend-
22       ments thereto, any remaining balance.
23           (j) (1) The commission shall send a notice by registered or certified
24       mail to any inaugural treasurer who fails to file any report required by
25       this section within the time period prescribed therefor. The notice shall
26       state that the required report has not been filed with the office of the
27       secretary of state. The notice shall also shall state that the treasurer shall
28       have 15 days from the date such notice is deposited in the mail to comply
29       with the reporting requirements before a civil penalty shall be imposed
30       for each day that the required documents remain unfiled. If the treasurer
31       fails to comply within the prescribed period, the treasurer shall pay to
32       the state a civil penalty of $10 per day for each day that the report remains
33       unfiled, except that no such civil penalty shall exceed $300. The com-
34       mission may waive, for good cause, payment of any civil penalty imposed
35       by this subsection.
36           (2) Civil penalties provided for by this subsection shall be paid to the
37       state treasurer, who shall deposit the entire amount in the state treasury
38       and credit it to the Kansas governmental ethics commission on govern-
39       mental standards and conduct fee fund.
40           (3) If a person fails to pay a civil penalty provided for by this section,
41       it shall be the duty of the attorney general to bring an action to recover
42       such civil penalty in the district court of Shawnee county.
43           (k) Any violation of subsection (e), (f) or (h) or any intentional failure

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  1       to file any report required by this section is a class A misdemeanor.
  2           (l) Nothing in this section shall be construed to apply to expenditures
  3       of state moneys related to any inaugural activity.
  4           (m) This section shall be part of and supplemental to the campaign
  5       finance act.
  6           Sec. 10. K.S.A. 1997 Supp. 46-237 is hereby amended to read as
  7       follows: 46-237. (a) No state officer or employee, candidate for state office
  8       or state officer elect shall accept, or agree to accept any economic op-
  9       portunity, gift, loan, gratuity, special discount, favor, hospitality, or service
10       having an aggregate value of $40 or more in any calendar year from any
11       one person known to have a special interest, under circumstances where
12       such person knows or should know that a major purpose of the donor is
13       to influence such person in the performance of their official duties or
14       prospective official duties.
15           (b) No person with a special interest shall offer, pay, give or make
16       any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
17       pitality or service having an aggregate value of $40 or more in any calendar
18       year to any state officer or employee, candidate for state office or state
19       officer elect with a major purpose of influencing such officer or employee,
20       candidate for state office or state officer elect in the performance of of-
21       ficial duties or prospective official duties.
22           (c) No person licensed, inspected or regulated by a state agency shall
23       offer, pay, give or make any economic opportunity, gift, loan, gratuity,
24       special discount, favor, hospitality, or service having an aggregate value
25       of $40 or more in any calendar year to such agency or any state officer
26       or employee, candidate for state office or state officer elect of that agency.
27           (d) Hospitality in the form of recreation, food and beverages are is
28       presumed not to be given to influence a state officer or employee, can-
29       didate for state office or state officer elect in the performance of official
30       duties or prospective official duties, except when a particular course of
31       official action is to be followed as a condition thereon. For the purposes
32       of this subsection, the term recreation shall not include the providing or
33       the payment of the cost of transportation or lodging.
34           (e) Except when a particular course of official action is to be followed
35       as a condition thereon, this section shall not apply to: (1) Any contribution
36       reported in compliance with the campaign finance act; or (2) a commer-
37       cially reasonable loan or other commercial transaction in the ordinary
38       course of business.
39           (f) No state officer or employee shall accept any payment of honoraria
40       for any speaking engagement except that a member of the state legislature
41       or a part-time officer or employee of the executive branch of government
42       shall be allowed to receive reimbursement in the preparation for and the
43       making of a presentation at a speaking engagement in an amount fixed

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  1       by the Kansas commission on governmental standards and conduct prior
  2       to the acceptance of the speaking engagement. Nothing in this section
  3       shall be construed to prohibit the reimbursement of state officers and
  4       employees for reasonable expenses incurred in attending seminars, con-
  5       ferences and other speaking engagements.
  6           (g) The provisions of this section shall not be applicable to or prohibit
  7       the acceptance of gifts from governmental agencies of foreign nations
  8       except that any gift accepted from such foreign governmental agency,
  9       having an aggregate value of $100 or more, shall be accepted on behalf
10       of the state of Kansas.
11           (h) No legislator shall solicit any contribution to be made to any or-
12       ganization for the purpose of paying for travel, subsistence and other
13       expenses incurred by such legislator or other members of the legislature
14       in attending and participating in meetings, programs and activities of such
15       organization or those conducted or sponsored by such organization, but
16       nothing in this act or the act of which this act is amendatory shall be
17       construed to prohibit any legislator from accepting reimbursement for
18       actual expenses for travel, subsistence, hospitality, entertainment and
19       other expenses incurred in attending and participating in meetings, pro-
20       grams and activities sponsored by the government of any foreign nation,
21       or any organization organized under the laws of such foreign nation or
22       any international organization or any national, nonprofit, nonpartisan or-
23       ganization established for the purpose of serving, informing, educating
24       and strengthening state legislatures in all states of the nation, when paid
25       from funds of such organization and nothing shall be construed to limit
26       or prohibit the expenditure of funds of and by any such organization for
27       such purposes.
28           Sec. 11. K.S.A. 46-246a is hereby amended to read as follows: 46-
29       246a. (a) From and after the effective date of this act, no state officer or
30       employee shall advocate or cause the employment, appointment, pro-
31       motion, transfer or advancement to any office or position of the state, of
32       a member of such officer's or employee's household or a family member.
33           (b) No state officer or employee shall participate in an action relating
34       to the employment or discipline of a member of the officer's or em-
35       ployee's household or a family member.
36           (c) The provisions of this section shall not apply to appointments of
37       members of the governor's staff, nor shall it apply to any action involving
38       the employment, appointment, promotion, transfer or advancement of
39       any officer or employee occurring prior to the effective date of this act.
40           (d) The provisions of this section shall be subject to interpretation
41       and enforcement by the Kansas governmental ethics commission on gov-
42       ernmental standards and conduct in the manner provided by K.S.A. 46-
43       253 through 46-263, and amendments thereto.

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  1           Sec. 12. K.S.A. 46-253 is hereby amended to read as follows: 46-253.
  2       ``Commission'' as used in K.S.A. 46-215 to 46-280, inclusive, and any
  3       amendments thereto, and K.S.A. 46-248a and K.S.A. 1997 Supp. 46-237a,
  4       and amendments thereto, means the Kansas governmental ethics com-
  5       mission on governmental standards and conduct created by K.S.A. 25-
  6       4119a, and amendments thereto. The commission may adopt rules and
  7       regulations for the administration of the provisions of K.S.A. 46-215 to
  8       46-280, and amendments thereto, and K.S.A. 46-248a and K.S.A. 1997
  9       Supp. 46-237a, and amendments thereto. Any such rules and regulations
10       adopted by the Kansas ;µblic disclosure commission on governmental
11       standards and conduct shall continue in force and effect and shall be
12       deemed to be the rules and regulations of the commission ;^eated by
13       K.S.A. 25-4119a, and amendments thereto, until revised, amended, re-
14       pealed or nullified pursuant to law. All rules and regulations of the com-
15       mission shall be subject to the provisions of article 4 of chapter 77 of
16       Kansas Statutes Annotated.
17           Sec. 13. K.S.A. 1997 Supp. 46-265 is hereby amended to read as
18       follows: 46-265. (a) Every lobbyist shall register with the secretary of state
19       by completing and signing a registration form prescribed and provided
20       by the commission. Such registration shall show the name and address of
21       the lobbyist, the name and address of the person compensating the lob-
22       byist for lobbying, the purpose of the employment and the method of
23       determining and computing the compensation of the lobbyist. If the lob-
24       byist is compensated or to be compensated for lobbying by more than
25       one employer or is to be engaged in more than one employment, the
26       relevant facts listed above shall be separately stated separately for each
27       employer and each employment. Whenever any new lobbying employ-
28       ment or lobbying position is accepted by a lobbyist already registered as
29       provided in this section, such lobbyist shall report the same on forms
30       prescribed and provided by the commission before engaging in any lob-
31       bying activity related to such new employment or position, and such re-
32       port shall be filed with the secretary of state. When a lobbyist is an em-
33       ployee of a lobbying group or firm which contracts to lobby and not an
34       owner or partner of such entity, the lobbyist shall report each client of
35       the group, firm or entity whose interest the lobbyist represents. When-
36       ever the lobbying of a lobbyist concerns a legislative matter, the secretary
37       of state shall promptly shall transmit copies of each registration and each
38       report filed under this act to the secretary of the senate and the chief
39       clerk of the house of representatives.
40           (b) On or after October 1, in any year any person may register as a
41       lobbyist under this section for the succeeding calendar year. Such regis-
42       tration shall expire annually on December 31, of the year for which the
43       lobbyist is registered. In any calendar year, before engaging in lobbying,

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  1       persons to whom this section applies shall register or renew their regis-
  2       tration as provided in this section. Except for employees of lobbying
  3       groups or firms, every person registering or renewing registration who
  4       anticipates spending $1,000 or less for lobbying in such registration year
  5       on behalf of any one employer shall pay to the secretary of state a fee of
  6       $30 for lobbying for each such employer. Except for employees of lob-
  7       bying groups or firms, every person registering or renewing registration
  8       who anticipates spending more than $1,000 for lobbying in such registra-
  9       tion year on behalf of any one employer shall pay to the secretary of state
10       a fee of $250 for lobbying for such employer. Any lobbyist who at the
11       time of initial registration anticipated spending less than $1,000, on behalf
12       of any one employer, but at a later date spends in excess of such amount,
13       shall, within three days of the date when expenditures exceed such
14       amount, shall file an amended registration form which shall be accom-
15       panied by an additional fee of $220 for such year. Every person registering
16       or renewing registration as a lobbyist who is an employee of a lobbying
17       group or firm and not an owner or partner of such entity shall pay an
18       annual fee of $300. The secretary of state shall remit all moneys received
19       under this section to the state treasurer, and the state treasurer shall
20       deposit the same in the state treasury to the credit of the Kansas govern-
21       mental ethics commission on governmental standards and conduct fee
22       fund.
23           (c) Any person who has registered as a lobbyist pursuant to this act
24       may file, upon termination of such person's lobbying activities, a state-
25       ment terminating such person's registration as a lobbyist. Such statement
26       shall be on a form prescribed by the commission and shall state the name
27       and address of the lobbyist, the name and address of the person com-
28       pensating the lobbyist for lobbying and the date of the termination of the
29       lobbyist's lobbying activities.
30           (d) No person who has failed or refused to pay any civil penalty im-
31       posed pursuant to K.S.A. 46-280, and amendments thereto, shall be au-
32       thorized or permitted to register as a lobbyist in accordance with this
33       section until such penalty has been paid in full.
34           Sec. 14. K.S.A. 46-280 is hereby amended to read as follows: 46-280.
35       (a) The commission shall send a notice by registered or certified mail to
36       any person failing to register or to file any report or statement as required
37       by K.S.A. 46-247, 46-265 or 46-268, and amendments thereto, within the
38       time period prescribed therefor. The notice shall state that the required
39       registration, report or statement had not been filed with the office of
40       secretary of state. The notice shall also shall state that such person shall
41       have five days from the date of receipt of such notice to comply with the
42       registration and reporting requirements before a civil penalty shall be
43       imposed for each day that the required documents remain unfiled. If such

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  1       person fails to comply within such period, such person shall pay to the
  2       state a civil penalty of $10 per day for each day that such person remains
  3       unregistered or that such report or statement remains unfiled, except that
  4       no such civil penalty shall exceed $300. The commission may waive, for
  5       good cause, payment of any civil penalty imposed hereunder.
  6           (b) Whenever the commission shall determine that any report filed
  7       by a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
  8       incorrect, incomplete or fails to provide the information required by such
  9       section, the commission shall notify such lobbyist by registered or certi-
10       fied mail, specifying the deficiency. Such notice shall state that the lob-
11       byist shall have 30 days from the date of the receipt of such notice to file
12       an amended report correcting such deficiency before a civil penalty will
13       be imposed and the registration of such lobbyist revoked and the badge
14       be required to be returned to the office of the secretary of state. A copy
15       of such notice shall be sent to the office of the secretary of state. If such
16       lobbyist fails to file an amended report within the time specified, such
17       lobbyist shall pay to the commission a civil penalty of $10 per day for
18       each day that such person fails to file such report except that no such civil
19       penalty shall exceed $300. On the 31st day following the receipt of such
20       notice, the registration of any lobbyist failing to file such amended report
21       shall be revoked.
22           (c) Civil penalties provided for by this section shall be paid to the
23       state treasurer, who shall deposit the same in the state treasury to the
24       credit of the Kansas governmental ethics commission on governmental
25       standards and conduct fee fund.
26           (d) (1) Except as provided in subsection (2), if a person fails to pay
27       a civil penalty provided for by this section, it shall be the duty of the
28       attorney general or county or district attorney to bring an action to recover
29       such civil penalty in the district court of the county in which such person
30       resides.
31           (2) If a person required to file under subsection (f) of K.S.A. 46-247,
32       and amendments thereto, fails to pay a civil penalty provided for by this
33       section, it shall be the duty of the attorney general to bring an action to
34       recover such civil penalty in the district court of Shawnee County, Kansas.
35           Sec. 15. K.S.A. 46-288 is hereby amended to read as follows: 46-288.
36       The commission, in addition to any other penalty prescribed under K.S.A.
37       46-215 through 46-286, and amendments thereto, may assess a civil fine,
38       after proper notice and an opportunity to be heard, against any person
39       for a violation pursuant to K.S.A. 46-215 through 46-286, and amend-
40       ments thereto, in an amount not to exceed $5,000 for the first violation,
41       not to exceed $10,000 for the second violation and not to exceed $15,000
42       for the third violation and for each subsequent violation. All fines assessed
43       and collected under this section shall be remitted promptly to the state

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  1       treasurer. Upon receipt thereof, the state treasurer shall deposit the en-
  2       tire amount in the state treasury and credit it to the Kansas governmental
  3       ethics commission on governmental standards and conduct fee fund.
  4           Sec. 16. K.S.A. 75-4302a is hereby amended to read as follows: 75-
  5       4302a. (a) The statement of substantial interests shall include all substan-
  6       tial interests of the individual making the statement.
  7           (b) Statements of substantial interests shall be filed by the following
  8       individuals at the times specified:
  9           (1) By a candidate for local office who becomes a candidate on or
10       before the filing deadline for the office, not later than 10 days after the
11       filing deadline, unless before that time the candidacy is officially declined
12       or rejected.
13           (2) By a candidate for local office who becomes a candidate after the
14       filing deadline for the office, within five days of becoming a candidate,
15       unless within that period the candidacy is officially declined or rejected.
16           (3) By an individual appointed on or before April 30 of any year to
17       fill a vacancy in an elective office of a governmental subdivision, between
18       April 15 and April 30, inclusive, of that year.
19           (4) By an individual appointed after April 30 of any year to fill a
20       vacancy in an elective office of a governmental subdivision, within 15 days
21       after the appointment.
22           (5) By any individual holding an elective office of a governmental
23       subdivision, between April 15 and April 30, inclusive, of any year if, during
24       the preceding calendar year, any change occurred in the individual's sub-
25       stantial interests.
26           (c) The statement of substantial interests required to be filed pur-
27       suant to this section shall be filed in the office where declarations of
28       candidacy for the local governmental office sought or held by the indi-
29       vidual are required to be filed.
30           (d) The Kansas governmental ethics commission on governmental
31       standards and conduct shall adopt rules and regulations prescribing the
32       form and the manner for filing the disclosures of substantial interests
33       required by law. The commission shall provide samples of the form of
34       the statement to each county election officer.
35           (e) If an individual or an individual's spouse holds the position of
36       officer, director, associate, partner or proprietor in an organization ex-
37       empt from federal taxation of corporations under section 501(c)(3), (4),
38       (6), (7), (8), (10) or (19) of chapter 26 of the United States code, the
39       individual shall comply with all disclosure provisions of subsections (a),
40       (b), (c) and (d) of this section notwithstanding the provisions of K.S.A.
41       75-4301, and amendments thereto, which provide that these individuals
42       may not have a substantial interest in these corporations.
43           Sec. 17. K.S.A. 75-4303a is hereby amended to read as follows: 75-

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  1       4303a. (a) The Kansas governmental ethics commission on governmental
  2       standards and conduct shall render advisory opinions on the interpreta-
  3       tion or application of K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304,
  4       75-4305 and 75-4306, and amendments thereto. The opinions shall be
  5       rendered after receipt of a written request therefor by a local govern-
  6       mental officer or employee or by any person who has filed as a candidate
  7       for local office. Any person who requests and receives an advisory opinion
  8       and who acts in accordance with its provisions shall be presumed to have
  9       complied with the provisions of the general conflict of interests law. A
10       copy of any advisory opinion rendered by the commission shall be filed
11       by ;t the commission in the office of the secretary of state, and any opinion
12       so filed shall be open to public inspection. All requests for advisory opin-
13       ions shall be directed to the secretary of state who shall notify the com-
14       mission thereof.
15           (b) The Kansas governmental ethics commission on governmental
16       standards and conduct shall administer K.S.A. 75-4301a, 75-4302a, 75-
17       4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto, and may
18       adopt rules and regulations therefor.
19           Sec. 18. K.S.A. 25-4119a, 25-4119e, 25-4180, 46-246a, 46-253, 46-
20       280, 46-288, 75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f, 25-
21       4143, 25-4145, 25-4152, 25-4181, 25-4186, 46-237 and 46-265 are hereby
22       repealed.
23           Sec. 19. This act shall take effect and be in force from and after its
24       publication in the statute book.
25      
26