Session of 1998
                   
SENATE BILL No. 656
         
By Senator Huelskamp
         
2-12
            9             AN ACT concerning elections; relating to campaign finance; amending
10             K.S.A. 25-4153 and 25-4169a and K.S.A. 1997 Supp. 25-4143, 25-4152
11             and 25-4157a and repealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 25-4143 is hereby amended to read as
15       follows: 25-4143. As used in the campaign finance act, unless the context
16       otherwise requires:
17           (a) ``Candidate'' means an individual who: (1) Appoints a treasurer or
18       a candidate committee,
19           (2) makes a public announcement of intention to seek nomination or
20       election to state or local office,
21           (3) makes any expenditure or accepts any contribution for the pur-
22       pose of influencing such person's nomination or election to any state or
23       local office, or
24           (4) files a declaration or petition to become a candidate for state or
25       local office.
26           (b) ``Candidate committee'' means a committee appointed by a can-
27       didate to receive contributions and make expenditures for the candidate.
28           (c) ``Commission'' means the Kansas commission on governmental
29       standards and conduct created by K.S.A. 25-4119a, and amendments
30       thereto.
31           (d) (1) ``Contribution'' means: (A) Any advance, conveyance, deposit,
32       distribution, gift, loan or payment of money or any other thing of value
33       made for the purpose of influencing the nomination or election of any
34       individual to state or local office;
35           (B) a transfer of funds between any two or more candidate commit-
36       tees  , or party committees   or political committees;
37           (C) the payment, by any person other than a candidate, candidate
38       committee, party committee or political committee, of compensation to
39       an individual for the personal services rendered without charge to or for
40       a candidate's campaign or to or for any such committee;
41           (D) the purchase of tickets or admissions to, or advertisements in
42       journals or programs for, testimonial events;
43           (E) a mailing of materials designed to influence the nomination or

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

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  1       or the bona fide national organization or committee of those political
  2       parties regulated by the Kansas Statutes Annotated, or not more than one
  3       political committee established by the state committee of any such polit-
  4       ical party and designated as a recognized political committee for the sen-
  5       ate or not more than one political committee established by the state
  6       committee of any such political party and designated as a recognized
  7       political committee for the house of representatives.
  8           (h) ``Person'' means any individual, committee, corporation, partner-
  9       ship, trust, organization or association.
10           (i) ``Political committee'' means any combination of two or more in-
11       dividuals or any person other than an individual, a major purpose of which
12       is to support or oppose any candidate for state or local office, but not
13       including any candidate committee or party committee.
14           (j) ``Receipt'' means a contribution or any other money or thing of
15       value, but not including volunteer services provided without compensa-
16       tion, received by a treasurer in the treasurer's official capacity.
17           (k) ``State office'' means any state office as defined in K.S.A. 25-2505,
18       and amendments thereto.
19           (l) ``Testimonial event'' means an event held for the benefit of an
20       individual who is a candidate to raise funds for such candidate's campaign.
21       Testimonial events include but are not limited to dinners, luncheons,
22       rallies, barbecues and picnics.
23           (m) ``Treasurer'' means a treasurer of a candidate or of a candidate
24       committee, a party committee or a political committee appointed under
25       the campaign finance act or a treasurer of a combination of individuals
26       or a person other than an individual which is subject to paragraph (2) of
27       subsection (a) of K.S.A. 25-4172, and amendments thereto.
28           (n) ``Local office'' means a member of the governing body of a city
29       of the first class, any elected office of a unified school district having
30       35,000 or more pupils regularly enrolled in the preceding school year, a
31       county or of the board of public utilities.
32           New Sec. 2. (a) In addition to all other reports required by K.S.A.
33       25-4148, and amendments thereto, the treasurer for each candidate for
34       state office elected on a statewide basis and the treasurer for each can-
35       didate for election to the Kansas senate and house of representatives shall
36       file a report no later than 12:00 midnight of the day next following the
37       day of acceptance of any contribution or in-kind contribution or contri-
38       butions in an aggregate amount or value of $200 or more during the
39       periods beginning on the 11th day before the primary and general elec-
40       tions and ending on the day preceding each such election. Such report
41       shall state the name and address of each person who made any such
42       contribution or in-kind contribution or contributions during such period
43       together with the amount and date of such contributions, including the

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  1       name and address of every lender, guarantor or endorser when a contri-
  2       bution is in the form of an advance or loan. Such report may be filed by
  3       telefacsimile communication or by electronic mail. The secretary of state
  4       shall make available, through INK, all information received pursuant to
  5       this subsection no later than 12:00 midnight of the day next following the
  6       receipt of such report. Such information shall be updated daily.
  7           (b) The commission shall send a notice by registered or certified mail
  8       to any person failing to file any report or statement required by this
  9       section, and amendments thereto, and to the candidate appointing any
10       treasurer failing to file any such report, within the time period prescribed
11       therefore. The notice shall state that the required report has not been
12       filed with the office of secretary of state. The person failing to file any
13       report, and the candidate appointing any such person, shall be responsible
14       for the filing of such report. The notice also shall state that such person
15       is liable for a civil penalty in an amount equal to 1/2 of the amount of the
16       contributions required to be reported by this section. Such civil penalties
17       may be imposed without proof of intent to violate the campaign finance
18       act. The commission may waive, for good cause, payment of any civil
19       penalty imposed by this section.
20           (c) Civil penalties provided for by this section shall be paid to the
21       state treasurer, who shall deposit the same in the state treasury to the
22       credit of the Kansas commission on governmental standards and conduct
23       fee fund.
24           (d) If a person fails to pay a civil penalty provided for by this section,
25       it shall be the duty of the attorney general or county or district attorney
26       to bring an action to recover such civil penalty in the district court of the
27       county in which such person resides.
28           Sec. 3. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
29       follows: 25-4152. (a) The commission shall send a notice by registered or
30       certified mail to any person failing to file any report or statement required
31       by K.S.A. 25-4144, 25-4145 or 25-4148, and amendments thereto, and to
32       the candidate appointing any treasurer failing to file any such report,
33       within the time period prescribed therefor. The notice shall state that the
34       required report or statement has not been filed with either the office of
35       secretary of state or county election officer or both. The person failing to
36       file any report or statement, and the candidate appointing any such per-
37       son, shall be responsible for the filing of such report or statement. The
38       notice   shall also shall state that such person shall have 15 days from the
39       date such notice is deposited in the mail to comply with the registration
40       and reporting requirements before a civil penalty shall be imposed for
41       each day that the required documents remain unfiled. If such person fails
42       to comply within the prescribed period, such person shall pay to the state
43       a civil penalty of   $10 $20 per day for each day that such report or state-

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  1       ment remains unfiled, except that no such civil penalty shall exceed   $300
  2       $600. Such civil penalties may be imposed without proof of intent to vi-
  3       olate the campaign finance act. The commission may waive, for good
  4       cause, payment of any civil penalty imposed by this section.
  5           (b) Civil penalties provided for by this section shall be paid to the
  6       state treasurer, who shall deposit the same in the state treasury to the
  7       credit of the Kansas commission on governmental standards and conduct
  8       fee fund.
  9           (c) If a person fails to pay a civil penalty provided for by this section,
10       it shall be the duty of the attorney general or county or district attorney
11       to bring an action to recover such civil penalty in the district court of the
12       county in which such person resides.
13           Sec. 4. K.S.A. 25-4153 is hereby amended to read as follows: 25-
14       4153. (a) The aggregate amount of contributions contributed to a candi-
15       date and such candidate's candidate committee and contributions dedi-
16       cated to such candidate's campaign contributed to all party committees
17       and political committees   and dedicated to such candidate's campaign, by
18       any political committee or any person except a party committee, the can-
19       didate or the candidate's spouse, shall not exceed the following:
20           (1) For the pair of offices of governor and lieutenant governor or for
21       other state officers elected from the state as a whole, $2,000 for each
22       primary election (or in lieu thereof a caucus or convention of a political
23       party) and an equal amount for each general election;
24           (2) for the office of member of the house of representatives, district
25       judge, district magistrate judge, district attorney, member of the state
26       board of education or a candidate for local office, $500 for each primary
27       election (or in lieu thereof a caucus or convention of a political party) and
28       an equal amount for each general election  .; and
29           (3) for the office of state senator, $1,000 for each primary election
30       (or in lieu thereof a caucus or convention of a political party) and an equal
31       amount for each general election.
32           (b) For the purposes of this section, the face value of a loan at the
33       end of the period of time allocable to the primary or general election is
34       the amount subject to the limitations of this section. A loan in excess of
35       the limits herein provided may be made during the allocable period if
36       such loan is reduced to the permissible level, when combined with all
37       other contributions from the person making such loan, at the end of such
38       allocable period.
39           (c) For the purposes of this section, all contributions made by une-
40       mancipated children under 18 years of age shall be considered to be
41       contributions made by the parent or parents of such children. The total
42       amount of such contribution shall be attributed to a single custodial par-
43       ent and 50% of such contribution to each of two parents.

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  1           (d) The aggregate amount contributed to a state party committee by
  2       a person other than a national party committee or a political committee
  3       shall not exceed $15,000 in each calendar year; and the aggregate amount
  4       contributed to any other party committee by a person other than a na-
  5       tional party committee or a political committee shall not exceed $5,000
  6       in each calendar year.
  7           The aggregate amount contributed by a national party committee to a
  8       state party committee shall not exceed $25,000 in any calendar year, and
  9       the aggregate amount contributed to any other party committee by a
10       national party committee shall not exceed $10,000 in any calendar year.
11           The aggregate amount contributed to a party committee by a political
12       committee shall not exceed $5,000 in any calendar year.
13           (e) Any political funds which have been collected and were not sub-
14       ject to the reporting requirements of this act shall be deemed a person
15       subject to these contribution limitations.
16           (f) Any political funds which have been collected and were subject to
17       the reporting requirements of the campaign finance act shall not be used
18       in or for the campaign of a candidate for a federal elective office.
19           (g) The amount contributed by each individual party committee of
20       the same political party other than a national party committee to any
21       candidate for office, for any primary election at which two or more can-
22       didates are seeking the nomination of such party shall not exceed the
23       following:
24           (1) For the pair of offices of governor and lieutenant governor and
25       for each of the other state officers elected from the state as a whole,
26       $2,000 for each primary election (or in lieu thereof a caucus or convention
27       of a political party);
28           (2) for the office of member of the house of representatives, district
29       judge, district magistrate judge, district attorney, member of the state
30       board of education or a candidate for local office, $500 for each primary
31       election (or in lieu thereof a caucus or convention of a political party).
32           (3) for the office of state senator, $1,000 for each primary election
33       (or in lieu thereof a caucus or convention of a political party).
34           (h) When a candidate for a specific cycle does not run for office, the
35       contribution limitations of this section shall apply as though the individual
36       had sought office.
37           (i) No person shall make any contribution or contributions to any
38       candidate or the candidate committee of any candidate in the form of
39       money or currency of the United States which in the aggregate exceeds
40       $100 for any one primary or general election, and no candidate or can-
41       didate committee of any candidate shall accept any contribution or con-
42       tributions in the form of money or currency of the United States which
43       in the aggregate exceeds $100 from any one person for any one primary

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  1       or general election.
  2           (j) For the purposes of determining whether a donor's contributions
  3       to a candidate or candidate committee of such candidate have complied
  4       with the limitations imposed by this section:
  5           (1) All contributions to such candidate or candidate committee of such
  6       candidate by any person, other than the spouse of such donor, which
  7       person has ownership interests that would be attributed to such donor
  8       under section 318 of the federal internal revenue code of 1986 (26
  9       U.S.C.A. 318), shall be considered to be contributions made by such donor
10       to such candidate or committee;
11           (2) all contributions to such candidate or candidate committee of such
12       candidate by any political committee, party committee or other person,
13       which has received as contributions any moneys, goods, services or other
14       things of value, that in the aggregate are valued in excess of $100, from
15       such donor or from the spouse of such donor, shall be considered to be
16       contributions made by such donor to such candidate or candidate com-
17       mittee of such candidate, but in no case shall the amount required under
18       this paragraph (3) to be contributions made by such donor exceed the
19       aggregate of all contributions given by such donor or such donor's spouse
20       to such political committee, party committee or other person.
21           Sec. 5. K.S.A. 1997 Supp. 25-4157a is hereby amended to read as
22       follows: 25-4157a. (a) No moneys received by any candidate or candi-
23       date committee of any candidate as a contribution under this act shall be
24       used or be made available for the personal use of the candidate and no
25       such moneys shall be used by such candidate or the candidate committee
26       of such candidate except for legitimate campaign purposes  , or for ex-
27       penses of holding political office   or for contributions to the party com-
28       mittees of the political party of which such candidate is a member.
29           For the purpose of this subsection, expenditures for ``personal use''
30       shall include expenditures to defray normal living expenses for the can-
31       didate or the candidate's family and expenditures for the personal benefit
32       of the candidate having no direct connection with or effect upon the
33       campaign of the candidate or the holding of public office.
34           (b) No moneys received by any candidate or candidate committee of
35       any candidate as a contribution shall be used to pay interest or any other
36       finance charges upon moneys loaned to the campaign by such candidate
37       or the spouse of such candidate.
38           (c) No contributions received by a political committee shall be trans-
39       ferred, advanced, conveyed, given, loaned or paid to another political
40       committee.
41             (b) (d) No candidate or candidate committee shall accept from any
42       other candidate or candidate committee for any candidate for local, state
43       or national office, any moneys received by such candidate or candidate

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  1       committee as a campaign contribution. The provisions of this subsection
  2       shall not be construed to prohibit a candidate or candidate committee
  3       from accepting moneys from another candidate or candidate committee
  4       if such moneys constitute a reimbursement for one candidate's propor-
  5       tional share of the cost of any campaign activity participated in by both
  6       candidates involved. Such reimbursement shall not exceed an amount
  7       equal to the proportional share of the cost directly benefiting and attrib-
  8       utable to the personal campaign of the candidate making such reimburse-
  9       ment.
10             (c) (e) At the time of the termination of any campaign and prior to
11       the filing of a termination report in accordance with K.S.A. 25-4157, and
12       amendments thereto, all residual funds not otherwise obligated for the
13       payment of expenses incurred in such campaign or the holding of office
14       shall be contributed to a charitable organization, as defined by the laws
15       of the state, contributed to a party committee or returned as a refund in
16       whole or in part to any contributor or contributors from whom received
17       or paid into the general fund of the state.
18           Sec. 6. K.S.A. 25-4169a is hereby amended to read as follows: 25-
19       4169a. (a) No officer or employee of the state of Kansas, any county, any
20       unified school district having 35,000 or more pupils regularly enrolled,
21       any city of the first class or the board of public utilities of the city of
22       Kansas City, Kansas, shall use or authorize the use of public funds or
23       public vehicles, machinery, equipment   or, supplies or other property of
24       any such governmental agency or the time of any officer or employee of
25       any such governmental agency, for which the officer or employee is com-
26       pensated by such governmental agency, for the purpose of: (1) Influenc-
27       ing the nomination or election of any candidate to state office or local
28       office; (2) for promoting the adoption or defeat of any questions submitted
29       election, including elections on amendments to the constitution; or (3)
30       promoting or defeating any legislative matter, as defined by K.S.A. 46-
31       219, and amendments thereto. The provisions of this section prohibiting
32       the use of time of any officer or employee for such purposes shall not
33       apply to an incumbent officer campaigning for nomination or reelection
34       to a succeeding term to such office or to members of the personal staff
35       of any elected officer.
36           (b) Any person violating the provisions of this section shall be guilty
37       of a class C misdemeanor.
38           New Sec. 7. (a) No officer or employee of any city of the second or
39       third class, unified school district having less than 35,000 pupils regularly
40       enrolled in the preceding school year, community college or township
41       shall use or authorize the use of public funds or public vehicles, machin-
42       ery, equipment, supplies or other property of any such governmental
43       agency or the time of any officer or employee of any such governmental

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  1       agency, for which the officer or employee is compensated by such gov-
  2       ernmental agency, for the purpose of: (1) Influencing the nomination or
  3       election of any candidate to any such city, school district, community
  4       college or township office or a state office or local office as defined by
  5       K.S.A. 25-4143, and amendments thereto; (2) promoting the adoption or
  6       defeat of any question submitted election, including elections on amend-
  7       ments to the constitution; or (3) promoting or defeating any legislative
  8       matter as defined by K.S.A. 46-219, and amendments thereto. The pro-
  9       visions of this section prohibiting the use of time of any officer or em-
10       ployee for such purposes shall not apply to an incumbent officer cam-
11       paigning for nomination or reelection to a succeeding term to such office
12       or to members of the personal staff of any elected officer.
13           (b) Any person violating the provisions of this section shall be guilty
14       of a class C misdemeanor.
15           Sec. 8. K.S.A. 25-4153 and 25-4169a and K.S.A. 1997 Supp. 25-4143,
16       25-4152 and 25-4157a are hereby repealed.
17           Sec. 9. This act shall take effect and be in force from and after its
18       publication in the statute book.
19