Session of 1999
         
SENATE BILL No. 146
         
By Senator Hardenburger
          
1-27
          
  9             AN  ACT concerning elections; relating to campaign finance; amending
10             K.S.A. 25-4142 and K.S.A. 1998 Supp. 25-4143 and repealing the ex-
11             isting sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 25-4142 is hereby amended to read as follows: 25-
15       4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-4142 to 25-4179 25-4187,
16       inclusive, and amendments thereto and 25-4119e, 25-4119f, 25-4119g,
17       25-4148a, 25-4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185, inclusive,
18       and amendments thereto, shall constitute be known and may be cited as
19       the "campaign finance act."
20             Sec.  2. K.S.A. 1998 Supp. 25-4143 is hereby amended to read as
21       follows: 25-4143. As used in the campaign finance act, unless the context
22       otherwise requires:
23             (a) "Candidate" means an individual who: (1) Appoints a treasurer or
24       a candidate committee;
25             (2) makes a public announcement of intention to seek nomination or
26       election to state or local office;
27             (3) makes any expenditure or accepts any contribution for such per-
28       son's nomination or election to any state or local office; or
29             (4) files a declaration or petition to become a candidate for state or
30       local office.
31             (b) "Candidate committee" means a committee appointed by a can-
32       didate to receive contributions and make expenditures for the candidate.
33             (c) "Clearly identified candidate" means a candidate who has been
34       identified by the:
35             (1) Use of the name of the candidate;
36             (2) use of a photograph or drawing of the candidate; or
37             (3) unambiguous reference to the candidate whether or not the
38       name, photograph or drawing of such candidate is used.
39             (d) "Commission" means the governmental ethics commission.
40             (e)  (1) "Contribution" means:
41             (A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
42       ment of money or any other thing of value given to a candidate, candidate
43       committee, party committee or political committee for the express pur-

SB 146

2

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

SB 146

3

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

SB 146

4

  1       parties regulated by the Kansas Statutes Annotated;
  2             (4) not more than one political committee established by the state
  3       committee of any such political party and designated as a recognized
  4       political committee for the senate; or
  5             (5) 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             (j) (k) "Person" means any individual, committee, corporation, part-
  9       nership, trust, organization or association.
10             (k) (l)  (1) "Political committee" means any combination of two or
11       more individuals or any person other than an individual, a major purpose
12       of which is to expressly advocate the nomination, election or defeat of a
13       clearly identified candidate for state or local office or make contributions
14       to or expenditures for the nomination, election or defeat of a clearly
15       identified candidate for state or local office.
16             (2) "Political committee" shall not include a candidate committee or
17       party committee.
18             (l) (m) "Receipt" means a contribution or any other money or thing
19       of value, but not including shall not include volunteer services provided
20       without compensation, received by a treasurer in the treasurer's official
21       capacity.
22             (m) (n) "State office" means any state office as defined in K.S.A. 25-
23       2505, and amendments thereto.
24             (n) (o) "Testimonial event" means an event held for the benefit of an
25       individual who is a candidate to raise contributions for such candidate's
26       campaign. Testimonial events include but are not limited to dinners,
27       luncheons, rallies, barbecues and picnics.
28             (o) (p) "Treasurer" means a treasurer of a candidate or of a candidate
29       committee, a party committee or a political committee appointed under
30       the campaign finance act or a treasurer of a combination of individuals
31       or a person other than an individual which is subject to paragraph (2) of
32       subsection (a) of K.S.A. 25-4172, and amendments thereto.
33             (p) "Local office" means a member of the governing body of a city
34       of the first class, any elected office of a unified school district having
35       35,000 or more pupils regularly enrolled in the preceding school year, a
36       county or of the board of public utilities.
37             New Sec.  3. No political committee, a major purpose of which is to
38       expressly advocate the nomination, election or defeat of a clearly identi-
39       fied candidate for the legislature or to make contributions or expenditures
40       for the nomination, election or defeat of a clearly identified candidate for
41       the legislature, shall be established by any member of the legislature. 
42       Sec.  4. K.S.A. 25-4142 and K.S.A. 1998 Supp. 25-4143 are hereby
43       repealed.

SB 146

5

  1        Sec.  5. This act shall take effect and be in force from and after its
  2       publication in the statute book.