[As Further Amended by Senate Committee of the Whole]
         
Session of 1999
         
SENATE Substitute for
         
HOUSE BILL No. 2228
         
By Committee on Elections and Local Government
         
3-31
         
11             AN  ACT concerning campaign finance; relating to the use of public funds
12             and buildings; enacting the voluntary political contributions act of
13             1999; amending K.S.A. 1998 Supp. 25-4169a and repealing the existing
14             section.
15             [AN ACT concerning elections; relating to campaign finance;
16             amending K.S.A. 25-4142 and K.S.A. 1998 Supp. 25-4143, 25-
17             4156 and 25-4169a and repealing the existing sections.]
18      
19       Be it enacted by the Legislature of the State of Kansas:
20             Section  1. K.S.A. 1998 Supp. 25-4169a is hereby amended to read
21       as follows: 25-4169a. (a) No officer or employee of the state of Kansas,
22       any county, any unified school district having 35,000 or more pupils reg-
23       ularly enrolled, any city of the first class or the board of public utilities of
24       the city of Kansas City, Kansas, shall use or authorize the use of public
25       funds or public vehicles, machinery, equipment or supplies or other prop-
26       erty of any such governmental agency or the time of any officer or em-
27       ployee of any such governmental agency, for which the officer or em-
28       ployee is compensated by such governmental agency, to expressly
29       advocate the nomination, election or defeat of a clearly identified candi-
30       date to state office or local office. The provisions of this section prohib-
31       iting the use of time of any officer or employee for such purposes shall
32       not apply to an incumbent officer campaigning for nomination or reelec-
33       tion to a succeeding term to such office or to members of the personal
34       staff of any elected officer. The provisions of this section prohibiting the
35       use of property of any such governmental agency shall not apply to the
36       use of facilities of any such governmental agency for the holding of public
37       forums, debates or events to which all candidates have equal access.
38             (b) Any person violating the provisions of this section shall be guilty
39       of a class C misdemeanor.
40             New Sec.  2. (a) No officer or employee of any unified school district,
41       having less than 35,000 pupils enrolled in the preceding school year, shall
42       use or authorize the use of public funds or public vehicles, machinery,
43       equipment, supplies or other property of such district or the time of any

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  1       officer or employee of any such district, for which the officer or employee
  2       is compensated by such district to expressly advocate the nomination,
  3       election or defeat of a clearly identified candidate to a school district office
  4       or other local office or state office. The provisions of this section prohib-
  5       iting the use of school property shall not apply to the use of school facil-
  6       ities for the holding of public forums, debates or events to which all
  7       candidates have equal access.
  8             (b) For the purposes of this section, the term "expressly advocate"
  9       shall have the meaning ascribed to it in K.S.A. 25-4143 and amendments
10       thereto.
11        [(b) As used in this section:
12             [(1) "Expressly advocate the nomination, election or defeat of a
13       clearly identified candidate" shall have the same meaning ascribed
14       thereto by K.S.A. 25-4143, and amendments thereto.
15        [(2) "Candidate" means a candidate for a state or local office
16       as defined by K.S.A. 25-4143, and amendments thereto, and any
17       candidate for office of a municipality or political subdivision de-
18       scribed in K.S.A. 25-901, and amendments thereto.]
19             (c) Any person violating the provisions of this section shall be guilty
20       of a class C misdemeanor.
21             New Sec.  3. (a) Sections 3 and 4 of this act shall be known and may
22       be cited as the voluntary political contributions act of 1999.
23             (b) No officer or employee of the state of Kansas, any county, any
24       unified school district having 35,000 or more pupils regularly enrolled in
25       the preceding school year, any city of the first class or the board of public
26       utilities of the unified government of Wyandotte county/Kansas City,
27       Kansas, responsible for the disbursement of funds in payment of wages
28       or salaries shall withhold or divert a portion of an employee's wages or
29       salaries for contributions to political committees for use as political con-
30       tributions except upon the written request of the employee. The request
31       shall be made only on a form prescribed by the Kansas governmental
32       ethics commission which form shall contain a clear and unambiguous
33       statement that the employee may choose not to make such request for
34       deduction and may opt to not return the form to the employer. The form
35       may only be filled out as to the amount of deduction by the employee
36       and must be signed by the employee in order to be valid. The request
37       shall be valid for no more than 12 months from the date it is signed.
38             New Sec.  4. No officer or employee of any municipality or political
39       subdivision of the state described in K.S.A. 25-901, and amendments
40       thereto, responsible for the disbursement of funds in payment of wages
41       or salaries shall withhold or divert a portion of an employee's wages or
42       salaries for contributions to political committees or for use as political
43       contributions except upon the written request of the employee. The re-

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  1       quest shall be made only on a form prescribed by the Kansas govern-
  2       mental ethics commission which form shall contain a clear and unambig-
  3       uous statement that the employee may choose not to make such request
  4       for deduction and may opt to not return the form to the employer. The
  5       form may only be filled out as to the amount of deduction by the em-
  6       ployee and must be signed by the employee in order to be valid. The
  7       request shall be valid for no more than 12 months from the date it is
  8       signed.
  9        [Sec.  5. K.S.A. 1998 Supp. 25-4143 is hereby amended to read
10       as follows: 25-4143. As used in the campaign finance act, unless the
11       context otherwise requires:
12             [(a) "Candidate" means an individual who: (1) Appoints a trea-
13       surer or a candidate committee;
14             [(2) makes a public announcement of intention to seek nomi-
15       nation or election to state or local office;
16             [(3) makes any expenditure or accepts any contribution for such
17       person's nomination or election to any state or local office; or
18             [(4) files a declaration or petition to become a candidate for
19       state or local office.
20             [(b) "Candidate committee" means a committee appointed by a
21       candidate to receive contributions and make expenditures for the
22       candidate.
23             [(c) "Clearly identified candidate" means a candidate who has
24       been identified by the:
25             [(1) Use of the name of the candidate;
26             [(2) use of a photograph or drawing of the candidate; or
27             [(3) unambiguous reference to the candidate whether or not the
28       name, photograph or drawing of such candidate is used.
29             [(d) "Commission" means the governmental ethics commission.
30             [(e)  (1) "Contribution" means:
31             [(A) Any advance, conveyance, deposit, distribution, gift, loan
32       or payment of money or any other thing of value given to a candi-
33       date, candidate committee, party committee or political committee
34       for the express purpose of nominating, electing or defeating a
35       clearly identified candidate for a state or local office.
36             [(B) Any advance, conveyance, deposit, distribution, gift, loan
37       or payment of money or any other thing of value made to expressly
38       advocate the nomination, election or defeat of a clearly identified
39       candidate for a state or local office;
40             [(C) a transfer of funds between any two or more candidate
41       committees, party committees or political committees;
42             [(D) the payment, by any person other than a candidate, can-
43       didate committee, party committee or political committee, of com-

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

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  1             [(B) costs to a volunteer incidental to the rendering of volunteer
  2       services not exceeding a fair market value of $50 during an allo-
  3       cable election period as provided in K.S.A. 25-4149, and amend-
  4       ments thereto;
  5             [(C) payment by a candidate or candidate's spouse for personal
  6       meals, lodging and travel by personal automobile of the candidate
  7       or candidate's spouse while campaigning or payment of such costs
  8       by the treasurer of a candidate or candidate committee;
  9             [(D) the value of goods donated to events such as testimonial
10       events, bake sales, garage sales and auctions by any person not
11       exceeding fair market value of $50 per event; or
12             [(E) any communication by an incumbent elected state or local
13       officer with one or more individuals unless the primary purpose
14       thereof is to expressly advocate the nomination, election or defeat
15       of a clearly identified candidate.
16             [(h) "Expressly advocate the nomination, election or defeat of
17       a clearly identified candidate" means:
18             [(1) Any communication which uses phrases that in express or ex-
19       plicit words advocates the nomination, election or defeat of a clearly iden-
20       tified candidate including, but not limited to:
21             [(A) "Vote for the secretary of state";
22             [(B) "re-elect your senator";
23             [(C) "support the democratic nominee";
24             [(D) "cast your ballot for the republican challenger for
25       governor";
26             [(E) "Smith for senate";
27             [(F) "Bob Jones in '98";
28             [(G) "vote against Old Hickory";
29             [(H) "defeat" accompanied by a picture of one or more candi-
30       dates; or
31             [(I) "Smith's the one."; or
32             [(2) any communication of campaign slogans or individual words
33       which expressly advocates for the support or opposition of the nomination,
34       election or defeat of one or more clearly identified candidates.
35             [(i) "Local office" means a member of the governing body of a city of
36       the first class, any elected office of a unified school district having 35,000
37       or more pupils regularly enrolled in the preceding school year, a county
38       or of the board of public utilities.
39             [(i) (j) "Party committee" means:
40             [(1) The state committee of a political party regulated by article
41       3 of chapter 25 of the Kansas Statutes Annotated;
42             [(2) the county central committee or the state committee of a
43       political party regulated under article 38 of chapter 25 of the Kan-

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  1       sas Statutes Annotated;
  2             [(3) the bona fide national organization or committee of those
  3       political parties regulated by the Kansas Statutes Annotated;
  4             [(4) not more than one political committee established by the
  5       state committee of any such political party and designated as a rec-
  6       ognized political committee for the senate; or
  7             [(5) not more than one political committee established by the
  8       state committee of any such political party and designated as a rec-
  9       ognized political committee for the house of representatives.
10             [(j) (k) "Person" means any individual, committee, corporation,
11       partnership, trust, organization or association.
12             [(k) (l)  (1) "Political committee" means any combination of two
13       or more individuals or any person other than an individual, a major
14       purpose of which is to expressly advocate the nomination, election
15       or defeat of a clearly identified candidate for state or local office
16       or make contributions to or expenditures for the nomination, elec-
17       tion or defeat of a clearly identified candidate for state or local
18       office.
19             [(2) "Political committee" does not include a candidate committee or
20       party committee.
21             [(l) (m) "Receipt" means a contribution or any other money or
22       thing of value, but not including volunteer services provided with-
23       out compensation, received by a treasurer in the treasurer's official
24       capacity.
25             [(m) (n) "State office" means any state office as defined in K.S.A.
26       25-2505, and amendments thereto.
27             [(n) (o) "Testimonial event" means an event held for the benefit
28       of an individual who is a candidate to raise contributions for such
29       candidate's campaign. Testimonial events include but are not lim-
30       ited to dinners, luncheons, rallies, barbecues and picnics.
31             [(o) (p) "Treasurer" means a treasurer of a candidate or of a
32       candidate committee, a party committee or a political committee
33       appointed under the campaign finance act or a treasurer of a com-
34       bination of individuals or a person other than an individual which
35       is subject to paragraph (2) of subsection (a) of K.S.A. 25-4172, and
36       amendments thereto.
37             [(p) "Local office" means a member of the governing body of a city
38       of the first class, any elected office of a unified school district having
39       35,000 or more pupils regularly enrolled in the preceding school year, a
40       county or of the board of public utilities.
41             [Sec.  6. K.S.A. 1998 Supp. 25-4156 is hereby amended to read
42       as follows: 25-4156. (a) (1) Whenever any person sells space in any
43       newspaper, magazine or other periodical to a candidate or to a can-

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  1       didate committee, party committee or political committee, the
  2       charge made for the use of such space shall not exceed the charges
  3       made for comparable use of such space for other purposes.
  4             [(2) Intentionally charging an excessive amount for political ad-
  5       vertising is a class A misdemeanor.
  6             [(b)  (1) Corrupt political advertising of a state or local office
  7       is:
  8             [(A) Publishing or causing to be published in a newspaper or
  9       other periodical any paid matter which expressly advocates the
10       nomination, election or defeat of a clearly identified candidate for
11       a state or local office, unless such matter is followed by the word
12       "advertisement" or the abbreviation "adv." in a separate line to-
13       gether with the name of the chairperson or treasurer of the political
14       or other organization sponsoring the same or the name of the indi-
15       vidual who is responsible therefor and, if sponsored by a political com-
16       mittee, the name of such committee;
17             [(B) broadcasting or causing to be broadcast by any radio or
18       television station any paid matter which expressly advocates the
19       nomination, election or defeat of a clearly identified candidate for
20       a state or local office, unless such matter is followed by a statement
21       which states: "Paid for" or "Sponsored by" followed by the name
22       of the sponsoring organization and the name of the chairperson or
23       treasurer of the political or other organization sponsoring the same
24       or the name of the individual who is responsible therefor and, if
25       sponsored by a political committee, the name of such committee; or
26             [(C) publishing or causing to be published any brochure, flier
27       or other political fact sheet which expressly advocates the nomi-
28       nation, election or defeat of a clearly identified candidate for a state
29       or local office, unless such matter is followed by the name of the
30       chairperson or treasurer of the political or other organization spon-
31       soring the same or the name of the individual who is responsible
32       therefor and, if sponsored by a political committee, the name of such
33       committee.
34             [The provisions of this subsection (C) requiring the disclosure of
35       the name of an individual shall not apply to individuals making
36       expenditures in an aggregate amount of less than $2,500 $1,000
37       within a calendar year.
38             [(2) Corrupt political advertising of a state or local office by a
39       candidate, candidate committee or party committee is a class C
40       misdemeanor.
41             [Corrupt political advertising of a state or local office during the sixty-
42       day period preceding the election by any person is a class C misdemeanor.
43             [(c) If any provision of this section or application thereof to any

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  1       person or circumstance is held invalid, such invalidity does not af-
  2       fect other provisions or applications of this section which can be
  3       given effect without the invalid application or provision, and to this
  4       end the provisions of this section are declared to be severable.
  5             [Sec.  7. K.S.A. 25-4142 is hereby amended to read as follows:
  6       25-4142. K.S.A. 25-4119, 25-4119e, 25-4119f, 25-4142 to 25-4179, in-
  7       clusive, and amendments thereto and 25-4119e, 25-4119f, 25-4119g, 25-
  8       4148a, 25-4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185, inclusive
  9       through 25-4187 and section 3, and amendments thereto, shall consti-
10       tute and may be cited as the "campaign finance act."]
11        Sec.  5. [8.] K.S.A. 1998 Supp. 25-4169a is [25-4142 and K.S.A.
12       1998 Supp. 25-4143, 25-4156 and 25-4169a are] hereby repealed.
13        Sec.  6. [9.] This act shall take effect and be in force from and after
14       its publication in the statute book.