[As Amended by House on Final Action]
As Amended by House Committee
Session of 1999
Substitute for SENATE BILL No. 271
By Committee on Financial Institutions and
Insurance
2-24
11 AN
ACT transferring the duties of the consumer credit commissioner
to
12 the state
bank commissioner; creating a program of consumer
credit
13 affairs
within the office of the state bank commissioner; abolishing
the
14 office of
the consumer credit commissioner; amending K.S.A.
16a-2-
15 302,
74-3005, 75-1308 and 75-3135 and K.S.A. 1998 Supp.
16a-1-301,
16 74-3004 and
74-3006 and repealing the existing sections; also
repealing
17 K.S.A.
16-403 and 16-609.
18 AN ACT
concerning elections; relating to campaign finance;
19 amending K.S.A.
25-4142 and K.S.A. 1998 Supp. 25-4143[, 25-
20 4148] and 25-4156
and repealing the existing sections.
21
22 Be it enacted by the Legislature of the
State of Kansas:
23 New
Section 1. The office of the consumer credit
commissioner cre-
24 ated by K.S.A. 16-403 and
amendments thereto is hereby abolished. Ex-
25 cept as otherwise provided in
this act, all of the powers, duties and func-
26 tions of the existing consumer
credit commissioner are hereby transferred
27 to and conferred and imposed
upon the state bank commissioner estab-
28 lished by K.S.A. 75-1304 and
amendments thereto.
29 New
Sec. 2. (a) (1) Except as provided in subsection
(2), the state
30 bank commissioner shall be the
successor in every way to the powers,
31 duties and functions of the
consumer credit commissioner in which the
32 same were vested prior to the
effective date of this act. Every act per-
33 formed in the exercise of such
powers, duties and functions by or under
34 the authority of the state bank
commissioner shall be deemed to have the
35 same force and effect as if
performed by the consumer credit commis-
36 sioner in which such powers,
duties and functions were vested prior to
37 the effective date of this
act.
38
(2) The deputy commissioner for consumer and mortgage
lending
39 shall be the successor in every
way to those powers, duties and functions
40 of the consumer credit
commissioner concerning the administration of
41 the uniform consumer credit code
(K.S.A. 16a-1-101 et
seq. and amend-
42 ments thereto) in which the same
were vested prior to the effective date
Sub. SB 271--Am. by H on FA
2
1 of this act. Every act
performed in the exercise of such powers, duties
2 and functions by or under
the authority of the deputy commissioner for
3 consumer and mortgage
lending shall be deemed to have the same force
4 and effect as if performed
by the consumer credit commissioner in which
5 such powers, duties and
functions were vested prior to the effective date
6 of this
act.
7
(b) (1) Except as provided in subsection (2), whenever
the consumer
8 credit commissioner, or
words of like effect, are referred to or
designated
9 by a statute, contract or
other document, such reference or designation
10 shall be deemed to apply to the
state bank commissioner.
11
(2) Whenever the consumer credit commissioner, or words of
like
12 effect, are referred to or
designated by a statute, contract or other doc-
13 ument concerning the
administration of the uniform consumer credit
14 code (K.S.A.
16a-1-101 et seq.
and amendments thereto) such reference
15 or designation shall be deemed
to apply to the deputy commissioner for
16 consumer and mortgage
lending.
17 (c)
(1) Except as provided in subsection (2), all orders and
directives
18 of the consumer credit
commissioner in existence on the effective date
19 of this act shall continue to be
effective and shall be deemed to be orders
20 and directives of the state bank
commissioner until revised, amended or
21 nullified pursuant to
law.
22
(2) All orders and directives of the consumer credit
commissioner
23 concerning the administration of
the uniform consumer credit code
24 (K.S.A. 16a-1-101
et seq. and amendments
thereto) in existence on the
25 effective date of this act shall
continue to be effective and shall be deemed
26 to be orders and directives of
the deputy commissioner for consumer and
27 mortgage lending until revised,
amended or nullified pursuant to law.
28 (d)
(1) Except as provided in subsection (2), all rules and
regulations
29 of the consumer credit
commissioner, in existence on the effective date
30 of this act shall continue to be
effective and shall be deemed to be duly
31 adopted rules and regulations of
the state bank commissioner until re-
32 vised, amended, revoked or
nullified pursuant to law.
33
(2) All rules and regulations of the consumer credit
commissioner
34 concerning the administration of
the uniform consumer credit code
35 (K.S.A. 16a-1-101
et seq. and amendments
thereto) in existence on the
36 effective date of this act shall
continue to be effective and shall be deemed
37 to be duly adopted rules and
regulations of the deputy commissioner for
38 consumer and mortgage lending
until revised, amended, revoked or nul-
39 lified pursuant to
law.
40
(e) The state bank commissioner shall succeed to whatever
right, title
41 or interest the consumer credit
commissioner has acquired in any real
42 property in this state, and the
state bank commissioner shall hold the
43 same for and in the name of the
state of Kansas.
Sub. SB 271--Am. by H on FA
3
1
(f) (1) Except as provided in subsection (2), on and
after the effective
2 date of this act, whenever
any statute, contract or other document con-
3 cerns the power or
authority of the consumer credit commissioner, the
4 state bank commissioner
shall succeed to such power or authority.
5
(2) On and after the effective date of this act, whenever any
statute,
6 contract or other document
concerns the power or authority of the con-
7 sumer credit commissioner
concerning the administration of the uniform
8 consumer credit code
(K.S.A. 16a-1-101 et
seq. and amendments
thereto)
9 the deputy commissioner
for consumer and mortgage lending shall suc-
10 ceed to such power or
authority.
11 New
Sec. 3. (a) When any conflict arises as to the
disposition of any
12 property, power, duty or
function or the unexpended balance of any ap-
13 propriation as a result of any
abolition, transfer, attachment or change
14 made by or under authority of
this act, such conflict shall be resolved by
15 the governor, whose decision
shall be final.
16
(b) The state bank commissioner shall succeed to all property,
prop-
17 erty rights and records which
were used for or pertain to the performance
18 of the powers, duties and
functions transferred to the bank commissioner.
19 The deputy commissioner for
consumer and mortgage lending shall suc-
20 ceed to all property, property
rights and records which were used for or
21 pertain to the performance of
the powers, duties and functions concern-
22 ing the administration of the
uniform consumer credit code (K.S.A. 16a-
23 1-101
et seq. and amendments
thereto) transferred to the deputy com-
24 missioner for consumer and
mortgage lending. Any conflict as to the
25 proper disposition of property
or records arising under this section, and
26 resulting from the transfer,
attachment or all or part of the powers, duties
27 and functions of the consumer
credit commissioner, shall be determined
28 by the governor, whose decision
shall be final.
29 New
Sec. 4. (a) No suit, action or other proceeding,
judicial or ad-
30 ministrative, lawfully
commenced, or which could have been commenced,
31 by or against any state agency
or program mentioned in this act, or by or
32 against any officer of the state
in such officer's official capacity or in
33 relation to the discharge of
such officer's official duties, shall abate by
34 reason of this act. The court
may allow any such suit, action or other
35 proceeding to be maintained by
or against the successor of any such state
36 agency or any officer
affected.
37 (b) No
criminal action commenced or which could have been
com-
38 menced by the state shall abate
by the taking effect of this act.
39 New
Sec. 5. (a) On the effective date of this act, the
balances of all
40 funds appropriated or
reappropriated for the consumer credit commis-
41 sioner are hereby transferred to
the state bank commissioner. The direc-
42 tor of accounts and reports
shall transfer all moneys in the consumer
43 credit fee fund to the bank
commissioner fee fund. On the effective date
Sub. SB 271--Am. by H on FA
4
1 of this act, all
liabilities of the consumer credit fee fund existing prior
to
2 the effective date of this
act are imposed on the bank commissioner fee
3 fund. The consumer credit
fee fund is hereby abolished.
4
(b) On the effective date of this act, the liability for all
accrued com-
5 pensation or salaries of
officers and employees who, immediately prior to
6 such date, were engaged in
the performance of powers, duties or func-
7 tions of any state agency
or officer transferred by this act, or which be-
8 comes a part of the office
of the state bank commissioner or the powers,
9 duties and functions of
which are transferred to the bank commissioner,
10 shall be assumed and paid by the
state bank commissioner.
11 New
Sec. 6. On the effective date of this act, officers and
employees
12 who, immediately prior to such
date, were engaged in the performance
13 of powers, duties or functions
involved in the administration of any law
14 administered by the consumer
credit commissioner, and who, in the opin-
15 ion of the state bank
commissioner, are necessary to perform the powers,
16 duties and functions involved in
the administration of any law adminis-
17 tered by the consumer credit
commissioner, shall be transferred to, and
18 shall become officers and
employees of the bank commissioner. Any such
19 officer or employee shall retain
all retirement benefits and all rights of
20 civil service which had accrued
to or vested in such officer or employee
21 prior to the effective date of
this act. The service of each such officer and
22 employee so transferred shall be
deemed to have been continuous.
23 Sec.
7. K.S.A. 1998 Supp. 16a-1-301 is hereby amended to read
as
24 follows: 16a-1-301. In addition
to definitions appearing in subsequent
25 articles, in K.S.A. 16a-1-101
through 16a-9-102, and amendments thereto:
26
(1) "Actuarial method" means the method, defined by rules and
reg-
27 ulations adopted by the
administrator, of allocating payments made on a
28 debt between the amount financed
and the finance charge pursuant to
29 which a payment is applied first
to the accumulated finance charge and
30 the balance is applied to the
unpaid amount financed.
31
(2) "Administrator" means the consumer
credit deputy
commissioner
32 of the consumer and mortgage
lending division appointed
by the bank
33 commissioner
pursuant to K.S.A.
16-403
75-3135 , and
amendments
34 thereto.
35
(3) "Agreement" means the bargain of the parties in fact as
found in
36 their language or by implication
from other circumstances including
37 course of dealing or usage of
trade or course of performance.
38
(4) "Amount financed" means the total of the following
items:
39 (a) In
the case of a sale, the cash price of the goods, services,
or
40 interest in land, less the
amount of any down payment whether made in
41 cash or in property traded in,
and the amount actually paid or to be paid
42 by the seller pursuant to an
agreement with the buyer to discharge a
43 security interest in, a lien on,
or a debt with respect to property traded
Sub. SB 271--Am. by H on FA
5
1 in;
2
(b) in the case of a loan, the net amount paid to, receivable
by, or
3 paid or payable for the
account of the debtor, plus the amount of any
4 discount excluded from the
finance charge (paragraph (b) of subsection
5 (18) of K.S.A. 16a-1-301);
and
6
(c) in the case of a sale or loan, to the extent that payment
is deferred
7 and the amount is not
otherwise included and is authorized and disclosed
8 to the
customer:
9
(i) Amounts actually paid or to be paid by the creditor for
registration,
10 certificate of title, or license
fees, and
11
(ii) permitted additional charges ( K.S.A.
16a-2-501).
12
(5) "Billing cycle" means the time interval between periodic
billing
13 statement
dates.
14
(6) "Cash price" of goods, services, or an interest in land
means the
15 price at which they are offered
for sale by the seller to cash buyers in the
16 ordinary course of business and
may include (a) the cash price of acces-
17 sories or services related to
the sale, such as delivery, installation, alter-
18 ations, modifications, and
improvements, and (b) taxes to the extent im-
19 posed on a cash sale of the
goods, services, or interest in land. The cash
20 price stated by the seller to
the buyer in a disclosure statement is pre-
21 sumed to be the cash
price.
22
(7) "Closing costs" with respect to a debt secured by an
interest in
23 land includes:
24
(a) The actual fees paid a public official or agency of the
state or
25 federal government, for filing,
recording or releasing any instrument re-
26 lating to the debt;
and
27
(b) reasonable expenses not included in the origination fee or
payable
28 to an assignee incurred by the
lender in connection with the making,
29 closing, disbursing, extending,
readjusting or renewing the debt which
30 are payable to third parties not
related to the lender, except that reason-
31 able fees for an appraisal made
by the lender or related party are
32 permissible.
33
(8) "Conspicuous": A term or clause is conspicuous when it is
so
34 written that a reasonable person
against whom it is to operate ought to
35 have noticed it. Whether a term
or clause is conspicuous or not is for
36 decision by the trier of
fact.
37
(9) "Consumer" means the buyer, lessee, or debtor to whom
credit
38 is granted in a consumer credit
transaction.
39
(10) "Consumer credit sale":
40
(a) Except as provided in paragraph (b), a "consumer credit
sale" is
41 a sale of goods, services, or an
interest in land in which:
42
(i) Credit is granted either by a seller who regularly engages
as a seller
43 in credit transactions of the
same kind or pursuant to a credit card other
Sub. SB 271--Am. by H on FA
6
1 than a lender credit
card,
2
(ii) the buyer is a person other than an
organization,
3
(iii) the goods, services, or interest in land are purchased
primarily
4 for a personal, family or
household purpose,
5
(iv) either the debt is by written agreement payable in
installments
6 or a finance charge is
made, and
7
(v) with respect to a sale of goods or services, the amount
financed
8 does not exceed
$25,000.
9
(b) A "consumer credit sale" does not
include:
10 (i) A
sale in which the seller allows the buyer to purchase goods
or
11 services pursuant to a lender
credit card; or
12
(ii) unless the sale is made subject to K.S.A. 16a-1-101
through 16a-9-
13 102, and amendments thereto, by
agreement ( K.S.A. 16a-1-109), a sale
14 of an interest in land, other
than sales governed by subsection (10)(b)(iii)
15 of this section, if the finance
charge does not exceed 12% per year cal-
16 culated according to the
actuarial method on the unpaid balances of the
17 amount financed on the
assumption that the debt will be paid according
18 to the agreed terms and will not
be paid before the end of the agreed
19 term; or
20
(iii) a sale by contract for deed of real estate the interest
rate of which
21 is governed by subsection (b) or
(h) of K.S.A. 16-207, and amendments
22 thereto.
23
(11) "Consumer credit transaction" means a consumer credit
sale,
24 consumer lease, or consumer loan
or a modification thereof including a
25 refinancing, consolidation, or
deferral.
26
(12) "Consumer lease" means a lease of goods:
27
(a) Which a lessor regularly engaged in the business of
leasing makes
28 to a person, other than an
organization, who takes under the lease pri-
29 marily for a personal, family or
household purpose;
30 (b) in
which the amount payable under the lease does not
exceed
31 $25,000;
32
(c) which is for a term exceeding four months;
and
33
(d) which is not made pursuant to a lender credit
card.
34
(13) "Consumer loan":
35
(a) Except as provided in paragraph (b), a "consumer loan" is
a loan
36 made by a person regularly
engaged in the business of making loans in
37 which:
38
(i) The debtor is a person other than an
organization;
39
(ii) the debt is incurred primarily for a personal, family or
household
40 purpose;
41
(iii) either the debt is payable in installments or a finance
charge is
42 made; and
43
(iv) either the amount financed does not exceed $25,000 or the
debt
Sub. SB 271--Am. by H on FA
7
1 is secured by an interest
in land.
2
(b) Unless the loan is made subject to K.S.A. 16a-1-101
through 16a-
3 9-102, and amendments
thereto, by agreement (K.S.A. 16a-1-109), a
4 "consumer loan" does not
include:
5
(i) A loan secured by a first real estate mortgage;
or
6
(ii) a loan secured by a second or other subordinate mortgage
if the
7 second or other
subordinate mortgage is granted to the same lender
as
8 the first mortgage;
or
9
(iii) a loan made by a qualified plan, as defined in section
401 of the
10 internal revenue code, to an
individual participant in such plan or to a
11 member of the family of such
individual participant.
12
(14) "Credit" means the right granted by a creditor to a
debtor to
13 defer payment of debt or to
incur debt and defer its payment.
14
(15) "Credit card" means any card, plate or other single
credit device
15 that may be used from time to
time to obtain credit. Since this involves
16 the possibility of repeated use
of a single device, checks and similar in-
17 struments that can be used only
once to obtain a single credit extension
18 are not credit
cards.
19
(16) "Creditor" means a person who regularly extends credit in
a
20 consumer credit transaction
which is payable by a written agreement in
21 more than four installments or
for which the payment of a finance charge
22 is or may be required and is the
person to whom the debt arising from
23 the consumer credit transaction
is initially payable on the face of the
24 evidence of indebtedness or, if
there is no such evidence of indebtedness,
25 by written agreement. In the
case of credit extended pursuant to a credit
26 card, the creditor is the card
issuer and not another person honoring the
27 credit card.
28
(17) "Earnings" means compensation paid or payable to an
individual
29 or for such individual's account
for personal services rendered or to be
30 rendered by such individual,
whether denominated as wages, salary, com-
31 mission, bonus, or otherwise,
and includes periodic payments pursuant
32 to a pension, retirement, or
disability program.
33
(18) "Finance charge":
34
(a) "Finance charge" means the sum of:
35
(i) All charges payable directly or indirectly by the consumer
and
36 imposed directly or indirectly
by the creditor as an incident to or as a
37 condition of the extension of
credit, including any of the following types
38 of charges which are applicable;
interest or any amount payable under a
39 point, discount or other system
of charges, however denominated; time
40 price differential, service,
carrying or other charge, however denomi-
41 nated; premium or other charge
for any guarantee or insurance protecting
42 the creditor against the
consumer's default or other credit loss; and
43
(ii) charges incurred for investigating the collateral or
credit-worthi-
Sub. SB 271--Am. by H on FA
8
1 ness of the
consumer.
2
(b) The term does not include:
3
(i) Charges as a result of default, additional charges (K.S.A.
16a-2-
4 501) or delinquency
charges (K.S.A. 16a-2-502), or
5
(ii) if a lender makes a loan to a debtor by purchasing or
satisfying
6 obligations of the debtor
pursuant to a lender credit card and the purchase
7 or satisfaction is made at
less than the face amount of the obligation, the
8 discount,
or
9
(iii) closing costs as defined in K.S.A. 16a-1-301(7), and
amendments
10 thereto.
11
(19) "Goods" includes goods not in existence at the time the
trans-
12 action is entered into and
merchandise certificates, but excludes money,
13 chattel paper, documents of
title, and instruments.
14
(20) Except as otherwise provided, "lender" includes an
assignee of
15 the lender's right to payment
but use of the term does not in itself impose
16 on an assignee any obligation of
the lender with respect to events occur-
17 ring before the
assignment.
18
(21) "Interest bearing" means the finance charge on a
consumer
19 credit transaction is computed
on the unpaid principal balances by the
20 actuarial
method.
21
(22) "Lender credit card" means a credit card issued by a
supervised
22 lender.
23
(23) "Loan":
24
(a) Except as provided in paragraph (b), a "loan"
includes:
25
(i) The creation of debt by the lender's payment of or
agreement to
26 pay money to the debtor or to a
third party for the account of the debtor;
27
(ii) the creation of debt either pursuant to a lender credit
card or by
28 a cash advance to a debtor
pursuant to a credit card other than a lender
29 credit card;
30
(iii) the creation of debt by a credit to an account with the
lender
31 upon which the debtor is
entitled to draw immediately; and
32
(iv) the forbearance of debt arising from a
loan.
33 (b) A
"loan" does not include the payment or agreement to
pay
34 money to a third party for the
account of a debtor if the debt of the
35 debtor arises from a sale or
lease and results from use of either a credit
36 card issued by a person
primarily in the business of selling or leasing
37 goods or services or any other
credit card which may be used for the
38 purchase of goods or services
and which is not a lender credit card.
39
(24) "Merchandise certificate" means a writing issued by a
seller not
40 redeemable in cash and usable in
its face amount in lieu of cash in
41 exchange for goods or
services.
42
(25) "Official fees" means:
43
(a) Fees and charges prescribed by law which actually are or
will be
Sub. SB 271--Am. by H on FA
9
1 paid to public officials
for determining the existence of or for
perfecting,
2 releasing, or satisfying a
security interest related to a consumer credit
3 sale, consumer lease, or
consumer loan; or
4
(b) premiums payable for insurance in lieu of perfecting a
security
5 interest otherwise
required by the creditor in connection with the
sale,
6 lease, or loan, if the
premium does not exceed the fees and charges de-
7 scribed in paragraph (a)
which would otherwise be payable.
8
(26) "Open end credit" means an arrangement pursuant to
which:
9
(a) A creditor may permit a consumer, from time to time, to
purchase
10 goods or services on credit from
the creditor or pursuant to a credit card,
11 or to obtain loans from the
creditor or pursuant to a credit card;
12
(b) the unpaid balance of amounts financed and the finance and
other
13 appropriate charges are debited
to an account;
14
(c) the finance charge, if made, is computed on the
outstanding un-
15 paid balances of the consumer's
account from time to time; and
16
(d) the consumer has the privilege of paying the balances
in
17 installments.
18
(27) "Organization" means a corporation, government or
govern-
19 mental subdivision or agency,
trust, estate, partnership, cooperative, or
20 association.
21
(28) "Origination fee" means a fee associated with the making,
clos-
22 ing or disbursing of a consumer
credit transaction by a lender or assignee
23 of the lender which is intended
to compensate the lender or assignee of
24 the lender for all costs
incurred in making, closing or disbursing a con-
25 sumer credit transaction,
exclusive of: Closing costs defined in K.S.A. 16a-
26 1-301(7) and amendments thereto,
interest rate reduction charges paid
27 by the consumer at closing and
broker fees paid to third parties not re-
28 lated to the lender or assignee
of the lender.
29
(29) "Payable in installments" means that payment is required
or per-
30 mitted by agreement to be made
in (a) two or more periodic payments,
31 excluding a down payment, with
respect to a debt arising from a consumer
32 credit sale pursuant to which a
finance charge is made, (b) four or more
33 periodic payments, excluding a
down payment, with respect to a debt
34 arising from a consumer credit
sale pursuant to which no finance charge
35 is made, or (c) two or more
periodic payments with respect to a debt
36 arising from a consumer loan. If
any periodic payment other than the
37 down payment under an agreement
requiring or permitting two or more
38 periodic payments is more than
twice the amount of any other periodic
39 payment, excluding the down
payment, the consumer credit transaction
40 is "payable in
installments."
41
(30) "Person" includes a natural person or an individual, and
an
42 organization.
43
(31) "Person related to" with respect to an individual means
(a) the
Sub. SB 271--Am. by H on FA
10
1 spouse of the individual,
(b) a brother, brother-in-law, sister,
sister-in-law
2 of the individual, (c) an
ancestor or lineal descendant of the individual or
3 the individual's spouse,
and (d) any other relative, by blood, adoption or
4 marriage, of the
individual or such individual's spouse who shares
the
5 same home with the
individual. "Person related to" with respect to an
6 organization means (a) a
person directly or indirectly controlling, con-
7 trolled by or under common
control with the organization, (b) an officer
8 or director of the
organization or a person performing similar
functions
9 with respect to the
organization or to a person related to the
organization,
10 (c) the spouse of a person
related to the organization, and (d) a relative
11 by blood, adoption or marriage
of a person related to the organization
12 who shares the same home with
such person.
13
(32) "Presumed" or "presumption" means that the trier of fact
must
14 find the existence of the fact
presumed unless and until evidence is in-
15 troduced which would support a
finding of its nonexistence.
16
(33) "Principal" means the total of the amount financed and
the pre-
17 paid finance charges as
authorized by subsection (9) of K.S.A. 16a-2-401,
18 and amendments
thereto.
19
(34) "Sale of goods" includes any agreement in the form of a
bailment
20 or lease of goods if the bailee
or lessee agrees to pay as compensation for
21 use a sum substantially
equivalent to or in excess of the aggregate value
22 of the goods involved and it is
agreed that the bailee or lessee will become,
23 or for no other or a nominal
consideration has the option to become, the
24 owner of the goods upon full
compliance with such bailee's or lessee's
25 obligations under the
agreements.
26
(35) "Sale of an interest in land" includes a lease in which
the lessee
27 has an option to purchase the
interest and all or a substantial part of the
28 rental or other payments
previously made by the lessee are applied to the
29 purchase price.
30
(36) "Sale of services" means furnishing or agreeing to
furnish serv-
31 ices and includes making
arrangements to have services furnished by
32 another.
33
(37) "Seller": Except as otherwise provided, "seller" includes
an as-
34 signee of the seller's right to
payment but use of the term does not in
35 itself impose on an assignee any
obligation of the seller with respect to
36 events occurring before the
assignment.
37
(38) "Services" includes (a) work, labor, and other personal
services,
38 (b) privileges with respect to
transportation, hotel and restaurant accom-
39 modations, education,
entertainment, recreation, physical culture, hos-
40 pital accommodations, funerals,
cemetery accommodations, and the like,
41 and (c)
insurance.
42
(39) "Supervised financial organization" means a person, other
than
43 an insurance company or other
organization primarily engaged in an in-
Sub. SB 271--Am. by H on FA
11
1 surance
business:
2
(a) Organized, chartered, or holding an authorization
certificate un-
3 der the laws of this state
or of the United States which authorize the
4 person to make loans and
to receive deposits, including a savings, share,
5 certificate or deposit
account; and
6
(b) subject to supervision by an official or agency of this
state or of
7 the United
States.
8
(40) "Supervised lender" means a person authorized to make or
take
9 assignments of supervised
loans, either under a license issued by the ad-
10 ministrator (K.S.A. 16a-2-301
and amendments thereto) or as a super-
11 vised financial organization
(K.S.A. 16a-1-301(39) and amendments
12 thereto).
13
(41) "Supervised loan" means a consumer loan, including a loan
made
14 pursuant to open end credit, in
which the rate of the finance charge,
15 calculated according to the
actuarial method, exceeds 12% per year.
16
(42) "Written agreement" means an agreement such as a
promissory
17 note, contract or lease that is
evidence of the indebtedness. A letter that
18 merely confirms an oral
agreement does not constitute a written agree-
19 ment for purposes of this
subsection.
20
(43) "Written administrative interpretation" means any written
com-
21 munication from the consumer
credit commissioner which is the official
22 interpretation as so stated in
said written communication by the consumer
23 credit commissioner of the
Kansas uniform consumer credit code and
24 rules and regulations pertaining
thereto.
25 Sec.
8. K.S.A. 16a-2-302 is hereby amended to read as follows:
16a-
26 2-302. (1) (a) The
administrator shall receive and act on all
applications
27 for licenses to make supervised
loans under this act. Applications shall be
28 filed in the manner prescribed
by the administrator and shall contain the
29 information the administrator
may require by rule to make an evaluation
30 of the financial responsibility,
character and fitness of the applicant. Each
31 place of business operated under
K.S.A. 16a-1-101 to 16a-9-102, inclu-
32 sive, and acts amendatory
thereof, shall have and properly display therein,
33 a nontransferable and
nonassignable license. Application for a license
34 shall be on a form prescribed
and furnished by the commissioner.
35
(b) Submitted with each application shall be an investigation
fee and
36 a license fee. Investigation and
license fees shall be in such amounts as
37 are established pursuant to
subsection (6) of K.S.A. 16a-6-104. The li-
38 cense fee shall be returned to
the applicant if the application is denied.
39 The license year shall be the
calendar year and the license fee for any
40 period less than six months
shall be an amount as established pursuant
41 to subsection (6) of K.S.A.
16a-6-104. Each license shall remain in force
42 until surrendered, suspended or
revoked.
43
(c) The administrator shall remit all moneys received under
K.S.A.
Sub. SB 271--Am. by H on FA
12
1 16a-1-101 to 16a-6-414,
inclusive, and acts amendatory thereof to the
2 state treasurer at least
monthly. Upon receipt of any such remittance the
3 state treasurer shall
deposit the entire amount thereof in the state
treas-
4 ury. Of each deposit 20%
shall be credited to the state general fund and
5 the balance shall be
credited to the consumer
credit bank
commissioner
6 fee fund. All expenditures
from such fund shall be made in accordance
7 with appropriation acts
upon warrants of the director of accounts and
8 reports issued pursuant to
vouchers approved by the administrator or by
9 a person or persons
designated by the administrator.
10 The 20%
credit to the state general fund required by this
subsection
11 (c) is to reimburse the state
general fund for accounting, auditing, budg-
12 eting, legal, payroll, personnel
and purchasing services, and any and all
13 other state governmental
services, which are performed on behalf of the
14 administrator by other state
agencies which receive appropriations from
15 the state general fund to
provide such services. Nothing in this subsection
16 (c) shall be deemed to authorize
remittances to be made less frequently
17 than is authorized under K.S.A.
75-4215.
18
(d) Every licensee shall, on or before the first day of
January, pay to
19 the administrator the license
fee prescribed under this subsection (1) for
20 each license held for the
succeeding license year. Failure to pay the li-
21 cense fee within the time
prescribed shall automatically revoke the
22 license.
23 (2) No
license shall be issued unless the administrator, upon
inves-
24 tigation, finds that the
financial responsibility, character and fitness of
the
25 applicant, and of the members
thereof if the applicant is a copartnership
26 or association and of the
officers and directors thereof, if the applicant
is
27 a corporation, are such as to
warrant belief that the business will be op-
28 erated honestly and fairly
within the purposes of this act. An applicant
29 meets the minimum standard of
financial responsibility for engaging in
30 the business of making
supervised loans, under subsection (1) of K.S.A.
31 16a-2-301, if the applicant has
available for operation of that business
32 assets of at least $25,000 for
each license issued by this or any other state.
33
(3) Upon written request the applicant is entitled to a
hearing on the
34 question of license
qualifications if (a) the administrator has notified
the
35 applicant in writing that the
application has been denied, or (b) the ad-
36 ministrator has not issued a
license within 60 days after the application
37 for the license was filed. A
request for a hearing may not be made more
38 than 15 days after the
administrator has mailed a writing to the
applicant
39 notifying the applicant that the
application has been denied and stating
40 in substance the administrator's
findings supporting denial of the
41 application.
42
(4) The administrator shall issue additional licenses to the
same li-
43 censee upon compliance with all
the provisions of K.S.A. 16a-1-101 to
Sub. SB 271--Am. by H on FA
13
1 16a-9-102, inclusive, and
acts amendatory thereof, governing issuance of
2 a single license. A
separate license shall be required for each place
of
3 business. Each license
shall remain in full force and effect until
surren-
4 dered, suspended or
revoked.
5
(5) No licensee shall change the location of any place of
business
6 without giving the
administrator at least 15 days prior written
notice.
7
(6) A licensee may conduct the business of making supervised
loans
8 only at or from any place
of business for which the licensee holds a license
9 and not under any other
name than that in the license. Loans made pur-
10 suant to a lender credit card do
not violate this subsection.
11 Sec.
9. K.S.A. 1998 Supp. 74-3004 is hereby amended to read
as
12 follows: 74-3004. (a) There is
hereby created a state banking board which
13 shall be composed of nine
members. Six members of the board shall be
14 bankers with not less than five
years' actual banking experience in a state
15 bank in this state
or persons with not less than five years' actual
experience
16 in a state chartered savings
and loan association in this state, or any
17 combination
thereof and three shall represent the
public interest in the
18 regulation, operation and
control of state banks and trust companies.
All
19 members shall be selected from
the state at large. No
nonbanker
member
20 representing the public
interest shall concurrently serve as an
officer, em-
21 ployee
or director in any state or national bank or trust
company wherever
22 located.
One of the nine members shall be elected
annually The com-
23 missioner shall
serve as chairperson of the
board. The commissioner
shall
24 not be a voting member of the
board. The board shall be appointed
by
25 the governor. Persons appointed
to the board shall be subject to confir-
26 mation by the senate as provided
in K.S.A. 75-4315b, and amendments
27 thereto. Except as provided by
K.S.A. 1998 Supp. 46-2601, no person
28 appointed to the board shall
exercise any power, duty or function as a
29 member of the board until
confirmed by the senate. No more than five
30 members of the board shall be
from the same political party. Subject to
31 the provisions of K.S.A.
75-4315c, and amendments thereto, of the six
32 banker
or savings and loan association
members, the governor shall ap-
33 point one from each Kansas
congressional district as presently constituted
34 and the remainder from the state
at large. Appointment of
nonbanker
35 members
representing the public interest
shall be made from the state
at
36 large
with due consideration for achieving representation of
the various
37 geographic sectors of the
state.
38
(b) Except as provided by subsection (c), terms of members of
the
39 board shall be for three years.
Each member shall serve until a successor
40 is appointed and confirmed. No
person shall serve more than two terms
41 as a member of the board. In the
event of a vacancy on the board, the
42 governor shall appoint a new
member of the same qualification to fill the
43 unexpired term.
Sub. SB 271--Am. by H on FA
14
1
(c) The terms of members who are serving on the board on the
ef-
2 fective date of this act
shall expire on March 15, of the year in which
such
3 member's term would have
expired under the provisions of this section
4 prior to amendment by this
act. Thereafter, members shall be appointed
5 for terms of three years
and until their successors are appointed and
6
confirmed.
7 New
Sec. 10. (a) There is hereby created a state consumer
and mort-
8 gage lending advisory
board which shall be composed of nine members.
9 Six members of the board
shall be persons with at least five years' expe-
10 rience in consumer or mortgage
lending, legal or other related experi-
11 ence, and three shall represent
the public interest in the regulation, op-
12 eration and control of consumer
or mortgage lending and related
13 companies. No member
representing the public interest shall concur-
14 rently serve as an officer,
employee or director in any consumer or mort-
15 gage lending or related company
wherever located. The commissioner
16 shall serve as chairperson of
the board. The chairperson shall be a non-
17 voting member of the board.
Appointment of members representing the
18 consumer and mortgage lending
industry shall be made with due consid-
19 eration for achieving
representation of the various entities of the con-
20 sumer and mortgage lending
industry regulated by the commissioner.
21
(b) Terms of members of the board shall be for three years.
Each
22 member shall serve until a
successor is appointed and confirmed. No
23 person shall serve more than two
terms as a member of the board. In the
24 event of a vacancy on the board,
the governor shall appoint a new member
25 of the same qualification to
fill the unexpired term.
26
(c) The consumer and mortgage lending advisory board shall
meet at
27 least annually and may meet
quarterly or when called by the
28 commissioner.
29 Sec.
11. K.S.A. 74-3005 is hereby amended to read as follows:
74-
30 3005. Members of the state
banking board attending meetings of such
31 board, or attending a
subcommittee meeting thereof authorized by such
32 board, shall be paid
compensation, subsistence allowances, mileage and
33 other expenses as provided in
K.S.A. 75-3223 and amendments
thereto .
34 The commissioner
shall act as secretary for said board and
shall keep a
35 permanent record of all meetings
and proceedings of said
such board
in
36 his
the commissioner's
office.
37 New
Sec. 12. Members of the consumer and mortgage lending
ad-
38 visory board attending meetings
of such board, or attending a subcom-
39 mittee meeting thereof
authorized by such board, shall be paid compen-
40 sation, subsistence allowances,
mileage and other expenses as provided
41 in K.S.A. 75-3223 and amendments
thereto. The commissioner shall keep
42 a permanent record of all
meetings and proceedings of such board in the
43 commissioner's
office.
Sub. SB 271--Am. by H on FA
15
1
Sec. 13. K.S.A. 1998 Supp. 74-3006 is hereby amended to
read as
2 follows: 74-3006. (a)
The state banking
board shall meet once each month,
3 on dates it agrees
upon, and shall meet at other times as the
board deems
4 necessary
unless no applications which require the board's
consideration
5 are
pending or when called by
the chairperson or any three members
of
6 the board
state bank commissioner .
Six members of the board shall con-
7 stitute a quorum, and a
majority vote of the board shall be necessary to
8 carry any question. No
action of the board shall be taken except in a
9 formal meeting and after a
favorable vote of a majority of the entire board.
10 The members of the board during
business hours shall have free access
11 to all of the records in the
office of the commissioner. The board
shall
12 act in an advisory capacity in
all matters pertaining to the conduct
and
13 welfare of the banking
department and the administration of the
banking
14 laws of this state
except as otherwise specifically provided by
law.
15
(b) The board, in accordance with K.S.A. 75-4319 and
amendments
16 thereto, may recess for a closed
or executive meeting to discuss infor-
17 mation deemed confidential by
virtue of K.S.A. 9-1712 and amendments
18 thereto.
19 Sec.
14. K.S.A. 75-1308 is hereby amended to read as follows:
75-
20 1308. The commissioner shall
keep a record of all fees collected by
him
21 or her
the commissioner ,
together with a record of all expenses incurred
22 in
making the examinations of all banks and trust
companies. The the
23 administration of programs
for the regulation of banks and trust com-
24 panies and in the
administration of programs for the regulation of
con-
25 sumer and mortgage lending.
The bank commissioner shall remit all
mon-
26 eys received by or
for him or her
the commissioner from
such fees to the
27 state treasurer at least
monthly. Upon receipt of each such remittance,
28 the state treasurer shall
deposit the entire amount thereof in the state
29 treasury.
Twenty percent (20%)
20% of each such deposit
shall be cred-
30 ited to the state general fund
and the balance shall be credited to the
31 bank commissioner fee fund. All
expenditures from the bank commis-
32 sioner fee fund shall be made in
accordance with appropriation acts upon
33 warrants of the director of
accounts and reports issued pursuant to vouch-
34 ers approved by the bank
commissioner or by a person or persons des-
35 ignated by
him or her the
commissioner .
36 Sec.
15. K.S.A. 75-3135 is hereby amended to read as follows:
75-
37 3135. The bank commissioner
shall receive an annual salary to be fixed
38 by the governor with the
approval of the state finance council. The bank
39 commissioner is hereby
authorized to appoint a
two deputy
commissioner
40
commissioners who shall
be in the unclassified service under the Kansas
41 civil service act and shall
receive an annual salary fixed by the bank com-
42 missioner. The deputy
commissioner of the banking division
shall super-
43 vise all banks and trust
companies as directed by the commissioner and
Sub. SB 271--Am. by H on FA
16
1 shall perform
such other
duties as may be required by the
commissioner.
2 The deputy commissioner
of the consumer and mortgage lending division
3 shall supervise all
consumer and mortgage lending functions as
directed
4 by the commissioner and
shall perform such other duties as may be re-
5 quired by the
commissioner. If the office of the
commissioner is vacant
6 or if the commissioner is
absent or unable to act, the deputy commissioner
7 of the banking
division shall be the acting
commissioner. The deputy
8 commissioner
of the banking division
shall have at least five years' expe-
9 rience as a state bank
officer or five years' experience as a state or
federal
10 deposit insurance corporation
bank examiner regulator
. The deputy
com-
11 missioner of consumer and
mortgage lending shall have at least five
years'
12 experience in consumer or
mortgage lending, regulatory, legal or related
13 experience.
The bank commissioner is also authorized to appoint or
con-
14 tract for, in accordance with
the civil service law, such special assistants
15 and other employees as are
necessary to properly discharge the duties of
16 the
office.
17 Sec. 16. K.S.A.
16-403, 16-609, 16a-2-302, 74-3005, 75-1308 and
75-
18 3135 and K.S.A. 1998 Supp.
16a-1-301, 74-3004 and 74-3006 are hereby
19 repealed.
20 Sec. 17. This
act shall take effect and be in force from and after
its
21 publication in the Kansas
register.
22
Section 1. K.S.A.
25-4142 is hereby amended to read as fol-
23 lows: 25-4142. K.S.A. 25-4119e,
25-4119f, 25-4119g, 25-4142 to 25-
24 4179
25-4187, inclusive, and amendments thereto
and 25-4119e, 25-
25 4119f, 25-4119g, 25-4148a,
25-4153a, 25-4157a, 25-4169a, 25-4180 to
26 25-4185, inclusive, and
amendments thereto, shall constitute and
27 may be cited as the
"campaign finance
act."
28 Sec.
2. K.S.A. 1998 Supp. 25-4143 is hereby amended to read
29 as follows: 25-4143. As used in the
campaign finance act, unless
30 the context otherwise requires:
31
(a) "Candidate" means an individual who: (1) Appoints a
trea-
32 surer or a candidate committee;
33 (2) makes a
public announcement of intention to seek nomi-
34 nation or election to state or local
office;
35 (3) makes any
expenditure or accepts any contribution for such
36 person's nomination or election to any
state or local office; or
37 (4) files a
declaration or petition to become a candidate for
38 state or local office.
39 (b) "Candidate
committee" means a committee appointed by
40 a candidate to receive contributions and
make expenditures for
41 the candidate.
42 (c) "Clearly
identified candidate" means a candidate who has
43 been identified by the:
Sub. SB 271--Am. by H on FA
17
1 (1) Use
of the name of the candidate;
2 (2) use
of a photograph or drawing of the candidate; or
3
(3) unambiguous reference to the candidate whether or not
the
4 name, photograph or drawing of
such candidate is used.
5
(d) "Commission" means the governmental ethics
commission.
6 (e)
(1) "Contribution" means:
7 (A) Any
advance, conveyance, deposit, distribution, gift, loan
8 or payment of money or any other
thing of value given to a can-
9 didate, candidate committee, party
committee or political com-
10 mittee for the express purpose of
nominating, electing or defeating
11 a clearly identified candidate for a
state or local office.
12 (B) Any
advance, conveyance, deposit, distribution, gift, loan
13 or payment of money or any other thing
of value made to expressly
14 advocate the nomination, election or
defeat of a clearly identified
15 candidate for a state or local
office;
16 (C) a transfer
of funds between any two or more candidate
17 committees, party committees or
political committees;
18 (D) the
payment, by any person other than a candidate, can-
19 didate committee, party committee or
political committee, of com-
20 pensation to an individual for the
personal services rendered with-
21 out charge to or for a candidate's
campaign or to or for any such
22 committee;
23 (E) the
purchase of tickets or admissions to, or advertisements
24 in journals or programs for, testimonial
events;
25 (F) a mailing
of materials designed to expressly advocate the
26 nomination, election or defeat of a
clearly identified candidate,
27 which is made and paid for by a party
committee with the consent
28 of such candidate.
29
(2) "Contribution" does not include:
30 (A) The value
of volunteer services provided without
31 compensation;
32 (B) costs to a
volunteer related to the rendering of volunteer
33 services not exceeding a fair market
value of $50 during an allo-
34 cable election period as provided in
K.S.A. 25-4149, and amend-
35 ments thereto;
36 (C) payment by
a candidate or candidate's spouse for personal
37 meals, lodging and travel by personal
automobile of the candidate
38 or candidate's spouse while
campaigning;
39 (D) the value
of goods donated to events such as testimonial
40 events, bake sales, garage sales and
auctions by any person not
41 exceeding a fair market value of $50 per
event.
42 (f) "Election"
means:
43 (1) A primary
or general election for state or local office; and
Sub. SB 271--Am. by H on FA
18
1 (2) a
convention or caucus of a political party held to nominate
2 a candidate for state or local
office.
3 (g)
(1) "Expenditure" means:
4 (A) Any
purchase, payment, distribution, loan, advance, de-
5 posit or gift of money or any
other thing of value made by a can-
6 didate, candidate committee, party
committee or political com-
7 mittee for the express purpose of
nominating, electing or defeating
8 a clearly identified candidate for
a state or local office.
9 (B) Any
purchase, payment, distribution, loan, advance, de-
10 posit or gift of money or any other
thing of value made to expressly
11 advocate the nomination, election or
defeat of a clearly identified
12 candidate for a state or local
office;
13 (C) any
contract to make an expenditure;
14 (D) a transfer
of funds between any two or more candidate
15 committees, party committees or
political committees; or
16 (E) payment of
a candidate's filing fees.
17
(2) "Expenditure" does not include:
18 (A) The value
of volunteer services provided without
19 compensation;
20 (B) costs to a
volunteer incidental to the rendering of volunteer
21 services not exceeding a fair market
value of $50 during an allo-
22 cable election period as provided in
K.S.A. 25-4149, and amend-
23 ments thereto;
24 (C) payment by
a candidate or candidate's spouse for personal
25 meals, lodging and travel by personal
automobile of the candidate
26 or candidate's spouse while campaigning
or payment of such costs
27 by the treasurer of a candidate or
candidate committee;
28 (D) the value
of goods donated to events such as testimonial
29 events, bake sales, garage sales and
auctions by any person not
30 exceeding fair market value of $50 per
event; or
31 (E) any
communication by an incumbent elected state or local
32 officer with one or more individuals
unless the primary purpose
33 thereof is to expressly advocate the
nomination, election or defeat
34 of a clearly identified
candidate.
35 (h) "Expressly
advocate the nomination, election or defeat of
36 a clearly identified candidate"
means:
37 (1) Any
communication which uses phrases
which states or sub-
38 stantially is similar to the
following, [that in express or explicit
words
39 advocates the nomination, election or
defeat of a clearly identified
40 candidate] including,
but not limited to:
41 (A) "Vote for
the secretary of state";
42 (B) "re-elect
your senator";
43 (C) "support
the democratic nominee";
Sub. SB 271--Am. by H on FA
19
1
(D) "cast your ballot for the republican challenger
for
2 governor";
3
(E) "Smith for senate";
4 (F) "Bob
Jones in '98";
5
(G) "vote against Old Hickory";
6
(H) "defeat" accompanied by a picture of one or more
candi-
7 dates; or
8
(I) "Smith's the one.";
9 (2) any
communication of campaign slogans or individual
words,
10 which in context
have [has]
no other reasonable meaning than to
[ex-
11 pressly advocates for the]
support or oppose the
nom-
12 ination, election or defeat of
one or more clearly identified
candidates [a
13 clearly identified
candidate]; or
14
(3) any communication, when taken as a whole and with limited
ref-
15 erence to external events,
such as the proximity to the election, only
may
16 be interpreted by a
reasonable person as containing advocacy of the
elec-
17 tion or defeat of one or more
clearly identified candidates because:
[a
18 clearly identified candidate
because:]
19
(A) The communication is unambiguous and suggestive of only
one
20 meaning;
and
21
(B) reasonable minds could not differ as to whether it
encourages
22 actions to elect or defeat
one or more clearly identified candidates.
[a
23 clearly identified candidate.]
24
(i) "Local office" means a member of the governing body of
a city of
25 the first class, any elected office of a
unified school district having 35,000
26 or more pupils regularly enrolled in the
preceding school year, a county
27 or of the board of public
utilities.
28 (i)
(j) "Party committee" means:
29 (1) The state
committee of a political party regulated by article
30 3 of chapter 25 of the Kansas Statutes
Annotated;
31 (2) the county
central committee or the state committee of a
32 political party regulated under article
38 of chapter 25 of the Kan-
33 sas Statutes Annotated;
34 (3) the bona
fide national organization or committee of those
35 political parties regulated by the
Kansas Statutes Annotated;
36 (4) not more
than one political committee established by the
37 state committee of any such political
party and designated as a
38 recognized political committee for the
senate; or
39 (5) not more
than one political committee established by the
40 state committee of any such political
party and designated as a
41 recognized political committee for the
house of representatives.
42
(j) (k) "Person" means any
individual, committee, corporation,
43 partnership, trust, organization or
association.
Sub. SB 271--Am. by H on FA
20
1
(k) (l) "Political committee" means
any combination of two or
2 more individuals or any person
other than an individual, a major
3 purpose of which is to expressly
advocate the nomination, election
4 or defeat of a clearly identified
candidate for state or local office
5 or make contributions to or
expenditures for the nomination, elec-
6 tion or defeat of a clearly
identified candidate for state or local
7 office, but not including
any candidate committee or party committee.
8
(l) (m) "Receipt" means a
contribution or any other money or
9 thing of value, but not including
volunteer services provided with-
10 out compensation, received by a
treasurer in the treasurer's offi-
11 cial capacity.
12
(m) (n) "State office" means any
state office as defined in K.S.A.
13 25-2505, and amendments thereto.
14
(n) (o) "Testimonial event" means
an event held for the benefit
15 of an individual who is a candidate to
raise contributions for such
16 candidate's campaign. Testimonial events
include but are not lim-
17 ited to dinners, luncheons, rallies,
barbecues and picnics.
18
(o) (p) "Treasurer" means a
treasurer of a candidate or of a
19 candidate committee, a party committee
or a political committee
20 appointed under the campaign finance act
or a treasurer of a com-
21 bination of individuals or a person
other than an individual which
22 is subject to paragraph (2) of
subsection (a) of K.S.A. 25-4172, and
23 amendments thereto.
24
(p) "Local office" means a member of the governing
body of a city
25 of the first class, any elected
office of a unified school district having
26 35,000 or more pupils regularly
enrolled in the preceding school year, a
27 county or of the board of public
utilities.
28 Sec.
3. K.S.A. 1998 Supp. 25-4156 is hereby amended to read
29 as follows: 25-4156. (a) (1) Whenever
any person sells space in any
30 newspaper, magazine or other periodical
to a candidate or to a
31 candidate committee, party committee or
political committee, the
32 charge made for the use of such space
shall not exceed the charges
33 made for comparable use of such space
for other purposes.
34
(2) Intentionally charging an excessive amount for political
ad-
35 vertising is a class A
misdemeanor.
36 (b)
(1) Corrupt political advertising of a state or local office
is:
37 (A) Publishing
or causing to be published in a newspaper or
38 other periodical any paid matter which
expressly advocates the
39 nomination, election or defeat of a
clearly identified candidate for
40 a state or local office, unless such
matter is followed by the word
41 "advertisement" or the abbreviation
"adv." in a separate line to-
42 gether with the name of the chairperson
or treasurer of the polit-
43 ical or other organization sponsoring
the same or the name of the
Sub. SB 271--Am. by H on FA
21
1 individual who is responsible
therefor [and, if sponsored by a po-
2 litical committee, the name of
such committee];
3
(B) broadcasting or causing to be broadcast by any radio
or
4 television station any paid matter
which expressly advocates the
5 nomination, election or defeat of
a clearly identified candidate for
6 a state or local office, unless
such matter is followed by a statement
7 which states: "Paid for" or
"Sponsored by" followed by the name
8 of the sponsoring organization and
the name of the chairperson
9 or treasurer of the political or
other organization sponsoring the
10 same or the name of the individual who
is responsible therefor
11 [and, if sponsored by a political
committee, the name of such com-
12 mittee]; or
13 (C) publishing
or causing to be published any brochure, flier
14 or other political fact sheet which
expressly advocates the nomi-
15 nation, election or defeat of a clearly
identified candidate for a
16 state or local office, unless such
matter is followed by the name of
17 the chairperson or treasurer of the
political or other organization
18 sponsoring the same or the name of the
individual who is respon-
19 sible therefor [and, if sponsored by a
political committee, the name
20 of such committee].
21 The provisions of
this subsection (C) requiring the disclosure of
22 the name of an individual shall not
apply to individuals making
23 expenditures in an aggregate amount of
less than $2,500
$100
24 [$1000] within a calendar
year.
25 (2) Corrupt
political advertising of a state or local office by
a
26 candidate, candidate committee or party
committee is a class C
27 misdemeanor.
28 Corrupt
political advertising of a state or local office during the
sixty-
29 day period preceding the election by any
person is a class C misdemeanor.
30 (c) If any
provision of this section or application thereof to any
31 person or circumstance is held invalid,
such invalidity does not
32 affect other provisions or applications
of this section which can be
33 given effect without the invalid
application or provision, and to
34 this end the provisions of this section
are declared to be severable.
35 [Sec.
4. K.S.A. 1998 Supp. 25-4148 is hereby amended to read
36 as follows: 25-4148. (a) Every treasurer
shall file a report pre-
37 scribed by this section. Reports filed
by treasurers for candidates
38 for state office, other than officers
elected on a state-wide basis,
39 shall be filed in both the office of the
secretary of state and in the
40 office of the county election officer of
the county in which the
41 candidate is a resident. Reports filed
by treasurers for candidates
42 for state-wide office shall be filed
only with the secretary of state.
43 Reports filed by treasurers for
candidates for local office shall be
Sub. SB 271--Am. by H on FA
22
1 filed in the office of the county
election officer of the county in
2 which the name of the candidate is
on the ballot. Except as oth-
3 erwise provided by subsection (h),
all such reports shall be filed in
4 time to be received in the offices
required on or before each of
5 the following days:
6 [(1) The
eighth day preceding the primary election, which re-
7 port shall be for the period
beginning on January 1 of the election
8 year for the office the candidate
is seeking and ending 12 days
9 before the primary election,
inclusive;
10 [(2) the
eighth day preceding a general election, which report
11 shall be for the period beginning 11
days before the primary elec-
12 tion and ending 12 days before the
general election, inclusive;
13 [(3) January
10 of the year after an election year, which report
14 shall be for the period beginning 11
days before the general elec-
15 tion and ending on December 31,
inclusive;
16 [(4) for any
calendar year when no election is held, a report
17 shall be filed on the next January 10
for the preceding calendar
18 year;
19 [(5) a
treasurer shall file only the annual report required by
20 subsection (4) for those years when the
candidate is not partici-
21 pating in a primary or general
election.; and
22
[(6) in the case of treasurers for candidates for
local office, a report
23 shall be filed within 30 days after the
preceding April general election.
24 Such report shall be for the period
beginning 12 days before the general
25 election and ending on the 25th day
following the election, inclusive. Such
26 report shall be in addition to the
report required by paragraph (3) of this
27 subsection.
28 [(b) Each
report required by this section shall state:
29 [(1) Cash on
hand on the first day of the reporting period;
30 [(2) the name
and address of each person who has made one
31 or more contributions in an aggregate
amount or value in excess
32 of $50 during the election period
together with the amount and
33 date of such contributions, including
the name and address of
34 every lender, guarantor and endorser
when a contribution is in
35 the form of an advance or loan;
36 [(3) the
aggregate amount of all proceeds from bona fide sales
37 of political materials such as, but not
limited to, political campaign
38 pins, buttons, badges, flags, emblems,
hats, banners and literature;
39 [(4) the
aggregate amount of contributions for which the name
40 and address of the contributor is not
known;
41 [(5) each
contribution, rebate, refund or other receipt not oth-
42 erwise listed;
43 [(6) the total
of all receipts;
Sub. SB 271--Am. by H on FA
23
1 [(7) the
name and address of each person to whom expendi-
2 tures have been made in an
aggregate amount or value in excess
3 of $50, with the amount, date, and
purpose of each ; the names
4 and addresses of all persons to
whom any loan or advance has been
5 made; when an expenditure is made
by payment to an advertising
6 agency, public relations firm or
political consultants for disburse-
7 ment to vendors, the report of
such expenditure shall show in de-
8 tail the name of each such vendor
and the amount, date and pur-
9 pose of the payments to
each;
10 [(8) the name
and address of each person from whom an in-
11 kind contribution was received or who
has paid for personal serv-
12 ices provided without charge to or for
any candidate, candidate
13 committee, party committee or political
committee, if the contri-
14 bution is in excess of $50 and is not
otherwise reported under
15 subsection (b)(7), and the amount, date
and purpose of the
16 contribution;
17 [(9) the
aggregate of all expenditures not otherwise reported
18 under this section; and
19 [(10) the
total of expenditures.
20
[(c) Treasurers of candidates and of candidate
committees
21 shall be required to itemize, as
provided in subsection (b)(2), only
22 the purchase of tickets or admissions to
testimonial events by a
23 person who purchases such tickets or
admissions in an aggregate
24 amount or value in excess of $50 per
event, or who purchases such
25 a ticket or admission at a cost
exceeding $25 per ticket or admis-
26 sion. All other purchases of tickets or
admissions to testimonial
27 events shall be reported in an aggregate
amount and shall not be
28 subject to the limitations specified in
K.S.A. 25-4154, and amend-
29 ments thereto.
30 [(d) If a
contribution or other receipt from a political commit-
31 tee is required to be reported under
subsection (b), the report shall
32 include the full name of the
organization with which the political
33 committee is connected or affiliated or,
name or description suf-
34 ficiently describing the affiliation or,
if the committee is not con-
35 nected or affiliated with any one
organization, the trade, profes-
36 sion or primary interest of the
political committee as reflected by
37 the statement of purpose of such
organization.
38 [(e) The
commission may require any treasurer to file an
39 amended report for any period for which
the original report filed
40 by such treasurer contains material
errors or omissions, and notice
41 of the errors or omissions shall be part
of the public record. The
42 amended report shall be filed within 30
days after notice by the
43 commission.
Sub. SB 271--Am. by H on FA
24
1 [(f) The
commission may require any treasurer to file a report
2 for any period for which the
required report is not on file, and
3 notice of the failure to file
shall be part of the public record. Such
4 report shall be filed within five
days after notice by the
5 commission.
6 [(g) For
the purpose of any report required to be filed pursuant
7 to subsection (a) by the treasurer
of any candidate seeking nomi-
8 nation by convention or caucus or
by the treasurer of the candi-
9 date's committee or by the
treasurer of any party committee or
10 political committee, the date of the
convention or caucus shall be
11 considered the date of the primary
election.
12 [(h) If a
report is sent by certified or registered mail on or
13 before the day it is due, the mailing
shall constitute receipt by that
14 office.]
15 Sec.
4 [5]. K.S.A. 25-4142 and
K.S.A. 1998 Supp. 25-4143[, 25-
16 4148] and 25-4156 are hereby
repealed.
17 Sec.
5 [6]. This act shall take
effect and be in force from and
18 after its publication in the statute
book.
19