As Amended by House Committee
          
         
HOUSE BILL No. 2346
         
By Representative Carmody
         
2-9
         
10             AN  ACT concerning elections; relating to campaign finance; amending
11             K.S.A. 25-4142 and K.S.A. 1998 1999 Supp. 25-4143 and repealing
12             the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 25-4142 is hereby amended to read as follows: 25-
16       4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-4142 to 25-4179 inclusive,
17       and amendments thereto and 25-4119e, 25-4119f, 25-4119g, 25-4148a,
18       25-4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185, inclusive through 25-
19       4187 and section 3, and amendments thereto, shall constitute be known
20       and may be cited as the ``campaign finance act.''
21             Sec.  2. K.S.A. 1998 1999 Supp. 25-4143 is hereby amended to read
22       as follows: 25-4143. As used in the campaign finance act, unless the con-
23       text otherwise requires:
24             (a) ``Candidate'' means an individual who: (1) Appoints a treasurer or
25       a candidate committee;
26             (2) makes a public announcement of intention to seek nomination or
27       election to state or local office;
28             (3) makes any expenditure or accepts any contribution for such per-
29       son's nomination or election to any state or local office; or
30             (4) files a declaration or petition to become a candidate for state or
31       local office.
32             (b) ``Candidate committee'' means a committee appointed by a can-
33       didate to receive contributions and make expenditures for the candidate.
34             (c) ``Clearly identified candidate'' means a candidate who has been
35       identified by the:
36             (1) Use of the name of the candidate;
37             (2) use of a photograph or drawing of the candidate; or
38             (3) unambiguous reference to the candidate whether or not the
39       name, photograph or drawing of such candidate is used.
40             (d) ``Commission'' means the governmental ethics commission.
41             (e)  (1) ``Contribution'' means:
42             (A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
43       ment of money or any other thing of value given to a candidate, candidate


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  1       committee, party committee or political committee for the express pur-
  2       pose of nominating, electing or defeating a clearly identified candidate
  3       for a state or local office.
  4             (B) Any advance, conveyance, deposit, distribution, gift, loan or pay-
  5       ment of money or any other thing of value made to expressly advocate
  6       the nomination, election or defeat of a clearly identified candidate for a
  7       state or local office;
  8             (C) a transfer of funds between any two or more candidate commit-
  9       tees, party committees or political committees;
10             (D) the payment, by any person other than a candidate, candidate
11       committee, party committee or political committee, of compensation to
12       an individual for the personal services rendered without charge to or for
13       a candidate's campaign or to or for any such committee;
14             (E) the purchase of tickets or admissions to, or advertisements in
15       journals or programs for, testimonial events;
16             (F) a mailing of materials designed to expressly advocate the nomi-
17       nation, election or defeat of a clearly identified candidate, which is made
18       and paid for by a party committee with the consent of such candidate.
19             (2) ``Contribution'' does not include:
20             (A) The value of volunteer services provided without compensation;
21             (B) costs to a volunteer related to the rendering of volunteer services
22       not exceeding a fair market value of $50 during an allocable election
23       period as provided in K.S.A. 25-4149, and amendments thereto;
24             (C) payment by a candidate or candidate's spouse for personal meals,
25       lodging and travel by personal automobile of the candidate or candidate's
26       spouse while campaigning;
27             (D) the value of goods donated to events such as testimonial events,
28       bake sales, garage sales and auctions by any person not exceeding a fair
29       market value of $50 per event.
30             (f) ``Election'' means:
31             (1) A primary or general election for state or local office; and
32             (2) a convention or caucus of a political party held to nominate a
33       candidate for state or local office.
34             (g)  (1) ``Expenditure'' means:
35             (A) Any purchase, payment, distribution, loan, advance, deposit or
36       gift of money or any other thing of value made by a candidate, candidate
37       committee, party committee or political committee for the express pur-
38       pose of nominating, electing or defeating a clearly identified candidate
39       for a state or local office.
40             (B) Any purchase, payment, distribution, loan, advance, deposit or
41       gift of money or any other thing of value made to expressly advocate the
42       nomination, election or defeat of a clearly identified candidate for a state
43       or local office;


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  1             (C) any contract to make an expenditure;
  2             (D) a transfer of funds between any two or more candidate commit-
  3       tees, party committees or political committees; or
  4             (E) payment of a candidate's filing fees.
  5             (2) ``Expenditure'' does not include:
  6             (A) The value of volunteer services provided without compensation;
  7             (B) costs to a volunteer incidental to the rendering of volunteer serv-
  8       ices not exceeding a fair market value of $50 during an allocable election
  9       period as provided in K.S.A. 25-4149, and amendments thereto;
10             (C) payment by a candidate or candidate's spouse for personal meals,
11       lodging and travel by personal automobile of the candidate or candidate's
12       spouse while campaigning or payment of such costs by the treasurer of a
13       candidate or candidate committee;
14             (D) the value of goods donated to events such as testimonial events,
15       bake sales, garage sales and auctions by any person not exceeding fair
16       market value of $50 per event; or
17             (E) any communication by an incumbent elected state or local officer
18       with one or more individuals unless the primary purpose thereof is to
19       expressly advocate the nomination, election or defeat of a clearly identi-
20       fied candidate.
21             (h) ``Expressly advocate the nomination, election or defeat of a clearly
22       identified candidate'' means any communication which uses phrases in-
23       cluding, but not limited to:
24             (A) ``Vote for the secretary of state'';
25             (B) ``re-elect your senator'';
26             (C) ``support the democratic nominee'';
27             (D) ``cast your ballot for the republican challenger for governor'';
28             (E) ``Smith for senate'';
29             (F) ``Bob Jones in '98'';
30             (G) ``vote against Old Hickory'';
31             (H) ``defeat'' accompanied by a picture of one or more candidates;
32       or
33             (I) ``Smith's the one.''
34             (i) ``Local office'' means a member of the governing body of a city of
35       the first class, any elected office of a unified school district having 35,000
36       or more pupils regularly enrolled in the preceding school year, a county
37       or the board of public utilities.
38             (i) (j) ``Party committee'' means:
39             (1) The state committee of a political party regulated by article 3 of
40       chapter 25 of the Kansas Statutes Annotated;
41             (2) the county central committee or the state committee of a political
42       party regulated under article 38 of chapter 25 of the Kansas Statutes
43       Annotated;


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  1             (3) the bona fide national organization or committee of those political
  2       parties regulated by the Kansas Statutes Annotated;
  3             (4) not more than one political committee established by the state
  4       committee of any such political party and designated as a recognized
  5       political committee for the senate; or
  6             (5) not more than one political committee established by the state
  7       committee of any such political party and designated as a recognized
  8       political committee for the house of representatives.
  9             (j) (k) ``Person'' means any individual, committee, corporation, part-
10       nership, trust, organization or association.
11             (k) (l)  (1) ``Political committee'' means any combination of two or
12       more individuals or any person other than an individual, a major purpose
13       of which is to expressly advocate the nomination, election or defeat of a
14       clearly identified candidate for state or local office or make contributions
15       to or expenditures for the nomination, election or defeat of a clearly
16       identified candidate for state or local office.
17             (2) ``Political committee'' shall not include a candidate committee or
18       party committee.
19             (l) (m) ``Receipt'' means a contribution or any other money or thing
20       of value, but not including shall not include volunteer services provided
21       without compensation, received by a treasurer in the treasurer's official
22       capacity.
23             (m) (n) ``State office'' means any state office as defined in K.S.A. 25-
24       2505, and amendments thereto.
25             (n) (o) ``Testimonial event'' means an event held for the benefit of an
26       individual who is a candidate to raise contributions for such candidate's
27       campaign. Testimonial events include but are not limited to dinners,
28       luncheons, rallies, barbecues and picnics.
29             (o) (p) ``Treasurer'' means a treasurer of a candidate or of a candidate
30       committee, a party committee or a political committee appointed under
31       the campaign finance act or a treasurer of a combination of individuals
32       or a person other than an individual which is subject to paragraph (2) of
33       subsection (a) of K.S.A. 25-4172, and amendments thereto.
34             (p) ``Local office'' means a member of the governing body of a city
35       of the first class, any elected office of a unified school district having
36       35,000 or more pupils regularly enrolled in the preceding school year, a
37       county or of the board of public utilities.
38             New Sec.  3. No political committee, a major purpose of which is to
39       expressly advocate the nomination, election or defeat of a clearly identi-
40       fied candidate for the legislature or to make contributions or expenditures
41       for the nomination, election or defeat of a clearly identified candidate for
42       the legislature, shall be established by any member of the legislature.
43        New Sec.  3. (a) The restrictions in subsection (b) shall apply to


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  1       political committees having as a major purpose to expressly ad-
  2       vocate the nomination, election or defeat of any clearly identified
  3       candidate for the legislature or to make contributions or expend-
  4       itures for the nomination, election or defeat of any clearly identi-
  5       fied candidate for the legislature.
  6             (b) A member of the legislature, a member-elect of the legis-
  7       lature and a candidate for election to the legislature shall not serve
  8       as an officer or director of a political committee.
  9        Sec.  4. K.S.A. 25-4142 and K.S.A. 1998 1999 Supp. 25-4143 are
10       hereby repealed.
11        Sec.  5. This act shall take effect and be in force from and after its
12       publication in the statute book.