CHAPTER 117 Substitute for HOUSE BILL No. 2662 (Amended by Chapter 168)
      An Act concerning governmental ethics and elections; amending K.S.A. 25-4119a, 25-
      4119e, 25-4147, 25-4150, 25-4156, 25-4169a, 25-4173, 25-4175, 25-4180, 46-246a, 46-
      253, 46-280, 46-288, 75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f, 25-4143,
      25-4145, 25-4146, 25-4148, 25-4152, 25-4157a, 25-4181, 25-4186, 46-237 and 46-265
      and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 25-4119a is hereby amended to read as follows: 25-
4119a. (a) There is hereby created the Kansas commission on govern-
mental standards and conduct.

(b) On July 1, 1998, the Kansas commission on governmental stan-
dards and conduct is hereby redesignated as the governmental ethics com-
mission. On and after July 1, 1998, whenever the Kansas commission on
governmental standards and conduct, or words of like effect, is referred
to or designated by a statute, contract or other document, such reference
or designation shall be deemed to apply to the governmental ethics com-
mission. Nothing in this act shall be construed as abolishing and reesta-
blishing the Kansas commission on governmental standards and conduct.
The commission shall consist of nine members of whom two shall be
appointed by the governor, one by the president of the senate, one by
the speaker of the house of representatives, one by the minority leader
of the house of representatives, one by the minority leader of the senate,
one by the chief justice of the supreme court, one by the attorney general
and one by the secretary of state. The terms of such members shall be as
follows: The member appointed by the governor serving on the effective
date of this act and the members appointed by the speaker of the house
of representatives and the president of the senate shall serve until January
31, 1991; the additional member appointed by the governor and the mem-
bers appointed by the attorney general and the secretary of state shall
serve until January 31, 1992; the members appointed by the minority
leader of the house of representatives and by the minority leader of the
senate shall serve until January 31, 1993; and the member appointed by
the chief justice of the supreme court shall serve until January 31, 1994.
Nothing in this act shall be construed as affecting the terms of members
serving on July 1, 1998. Not more than five members of the commission
shall be members of the same political party and the two members ap-
pointed by the governor shall not be members of the same political party.

(b) (c) The terms of all subsequently appointed members shall be two
years commencing on February 1 of the appropriate years. Vacancies
occurring on the commission shall be filled for the unexpired term by the
same appointing officer as made the original appointment. Members shall
serve until their successors are appointed and qualified. The governor
shall designate one of the members appointed by the governor to be the
chairperson of the commission. A majority vote of five members of the
commission shall be required for any action of the commission. The com-
mission may adopt rules to govern its proceedings and may provide for
such officers other than the chairperson as it may determine. The com-
mission shall meet at least once each quarter, and also shall meet on call
of its chairperson or any four members of the commission. Members of
the commission attending meetings of such commission, or attending a
subcommittee meeting thereof authorized by such commission, shall be
paid compensation, subsistence allowances, mileage and other expenses
as provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223, and
amendments thereto. The commission shall appoint an executive director
who shall be in the unclassified service and receive compensation fixed
by the commission, in accordance with appropriation acts of the legisla-
ture, subject to approval by the governor. The commission may employ
such other staff and attorneys as it determines, within amounts appro-
priated to the commission, all of whom shall be in the unclassified service
and shall receive compensation fixed by the commission and not subject
to approval by the governor.

(c) (d) The commission may adopt rules and regulations for the ad-
ministration of the campaign finance act. Subject to K.S.A. 25-4178, and
amendments thereto, rules and regulations adopted by the commission
created prior to this act shall continue in force and effect and shall be
deemed to be the rules and regulations of the commission created by this
section of this enactment, until revised, amended, repealed or nullified
pursuant to law. All rules and regulations of the commission shall be
subject to the provisions of article 4 of chapter 77 of Kansas Statutes
Annotated. The commission shall continue to administer all of the acts
administered by the commission to which it is successor.

(d) (e) The commission may provide copies of opinions, informational
materials compiled and published by the commission and public records
filed in the office of the commission to persons requesting the same and
may adopt rules and regulations fixing reasonable fees therefor. All fees
collected by the commission under the provisions of this subsection shall
be paid to the state treasurer who shall deposit the same in the state
treasury to the credit of the Kansas governmental ethics commission on
governmental standards and conduct fee fund.

(e) (f) The commission shall submit an annual report and recom-
mendations in relation to all acts administered by the commission to the
governor and to the legislative coordinating council on or before Decem-
ber 1 of each year. The legislative coordinating council shall transmit such
report and recommendations to the legislature.

(f) (g) Whenever the public disclosure commission Kansas commis-
sion on governmental standards and conduct, or words of like effect, is
referred to or designated by a statute, contract or other document, such
reference or designation shall be deemed to apply to the Kansas com-
mission on governmental standards and conduct created by this section
ethics commission.

Sec. 2. K.S.A. 25-4119e is hereby amended to read as follows: 25-
4119e. (a) There is hereby established in the state treasury the Kansas
governmental ethics commission on governmental standards and conduct
fee fund. All moneys credited to such fund shall be used for the operations
of the commission in the performance of powers, duties and functions
prescribed by law. All expenditures from such fund shall be made in
accordance with the provisions of appropriation acts and upon warrants
of the director of accounts and reports issued pursuant to vouchers ap-
proved by the chairperson of the commission or the chairperson's des-
ignee.

(b) The director of accounts and reports is hereby directed to transfer
all moneys in the Kansas commission on governmental standards and
conduct fee fund to the governmental ethics commission fee fund estab-
lished pursuant to subsection (a). All liabilities of the Kansas commission
on governmental standards and conduct fee fund existing prior to July 1,
1998, are hereby imposed on the governmental ethics commission fee fund
established pursuant to subsection (a). The Kansas commission on gov-
ernmental standards and conduct fee fund is hereby abolished.

Sec. 3. K.S.A. 1997 Supp. 25-4119f is hereby amended to read as
follows: 25-4119f. (a) In addition to any other fee required by law, every
person becoming a candidate for the following offices shall pay a fee at
the time of filing for such office in the amount prescribed by this section:

(1) Governor and lieutenant governor	$400;
(2) state offices elected by statewide election, other than the governor and lieutenant governor	$400;
(3) state senator, state representative, state board of education, district attorney, board of public utilities of the city of Kansas City and elected county offices	$30;

  and

(4) members of boards of education of unified school districts having 35,000 or more pupils regularly enrolled in the preceding school year, members of governing bodies of cities of the first class and judges of the district court in judicial districts in which judges are elected

$30.

(b) The secretary of state shall remit all fees received by that office
to the state treasurer. County election officers receiving fees in accord-
ance with this section shall remit such fees to the county treasurer of the
county who shall quarterly remit the same to the state treasurer. Upon
receipt of such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the Kansas governmental
ethics commission on governmental standards and conduct fee fund.

Sec. 4. K.S.A. 1997 Supp. 25-4143 is hereby amended to read as
follows: 25-4143. As used in the campaign finance act, unless the context
otherwise requires:

(a) ``Candidate'' means an individual who: (1) Appoints a treasurer or
a candidate committee,;

(2) makes a public announcement of intention to seek nomination or
election to state or local office,;

(3) makes any expenditure or accepts any contribution for the pur-
pose of influencing such person's nomination or election to any state or
local office,; or

(4) files a declaration or petition to become a candidate for state or
local office.

(b) ``Candidate committee'' means a committee appointed by a can-
didate to receive contributions and make expenditures for the candidate.

(c) ``Clearly identified candidate'' means a candidate who has been
identified by the:

(1) Use of the name of the candidate;

(2) use of a photograph or drawing of the candidate; or

(3) unambiguous reference to the candidate whether or not the name,
photograph or drawing of such candidate is used.

(c) (d) ``Commission'' means the Kansas governmental ethics com-
mission on governmental standards and conduct created by K.S.A. 25-
4119a and amendments thereto.

(d) (e) (1) ``Contribution'' means:

(A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
ment of money or any other thing of value given to a candidate, candidate
committee, party committee or political committee for the express purpose
of nominating, electing or defeating a clearly identified candidate for a
state or local office.

(A) (B) Any advance, conveyance, deposit, distribution, gift, loan or
payment of money or any other thing of value made for the purpose of
influencing the nomination or election of any individual to to expressly
advocate the nomination, election or defeat of a clearly identified candi-
date for a state or local office;

(B) (C) a transfer of funds between any two or more candidate com-
mittees, party committees or political committees;

(C) (D) the payment, by any person other than a candidate, candidate
committee, party committee or political committee, of compensation to
an individual for the personal services rendered without charge to or for
a candidate's campaign or to or for any such committee;

(D) (E) the purchase of tickets or admissions to, or advertisements
in journals or programs for, testimonial events;

(E) (F) a mailing of materials designed to influence the nomination
or election of a expressly advocate the nomination, election or defeat of a
clearly identified candidate, which is made and paid for by a party com-
mittee with the consent of such candidate.

(2) ``Contribution'' does not include:

(A) The value of volunteer services provided without compensation;

(B) costs to a volunteer related to the rendering of volunteer services
not exceeding a fair market value of $50 during an allocable election
period as provided in K.S.A. 25-4149, and amendments thereto;

(C) payment by a candidate or candidate's spouse for personal meals,
lodging and travel by personal automobile of the candidate or candidate's
spouse while campaigning;

(D) the value of goods donated to events such as testimonial events,
bake sales, garage sales and auctions by any person not exceeding a fair
market value of $50 per event.

(e) (f) ``Election'' means:

(1) A primary or general election for state or local office; and

(2) a convention or caucus of a political party held to nominate a
candidate for state or local office.

(f) (g) (1) ``Expenditure'' means:

(A) Any purchase, payment, distribution, loan, advance, deposit or
gift of money or any other thing of value made by a candidate, candidate
committee, party committee or political committee for the express purpose
of nominating, electing or defeating a clearly identified candidate for a
state or local office.

(A) (B) Any purchase, payment, distribution, loan, advance, deposit
or gift of money or any other thing of value made for the purpose of
influencing the nomination or election of any individual to to expressly
advocate the nomination, election or defeat of a clearly identified candi-
date for a state or local office;

(B) (C) any contract to make an expenditure;

(C) (D) a transfer of funds between any two or more candidate com-
mittees, party committees or political committees; or

(D) (E) payment of a candidate's filing fees.

(2) ``Expenditure'' does not include:

(A) The value of volunteer services provided without compensation;

(B) costs to a volunteer incidental to the rendering of volunteer serv-
ices not exceeding a fair market value of $50 during an allocable election
period as provided in K.S.A. 25-4149, and amendments thereto;

(C) payment by a candidate or candidate's spouse for personal meals,
lodging and travel by personal automobile of the candidate or candidate's
spouse while campaigning or payment of such costs by the treasurer of a
candidate or candidate committee;

(D) the value of goods donated to events such as testimonial events,
bake sales, garage sales and auctions by any person not exceeding fair
market value of $50 per event; or

(E) any communication by an incumbent elected state or local officer
with one or more individuals unless the primary purpose thereof is to
influence the nomination or election of a expressly advocate the nomi-
nation, election or defeat of a clearly identified candidate.

(h) ``Expressly advocate the nomination, election or defeat of a clearly
identified candidate'' means any communication which uses phrases in-
cluding, but not limited to:

(A) ``Vote for the secretary of state'';

(B) ``re-elect your senator'';

(C) ``support the democratic nominee'';

(D) ``cast your ballot for the republican challenger for governor'';

(E) ``Smith for senate'';

(F) ``Bob Jones in '98'';

(G) ``vote against Old Hickory'';

(H) ``defeat'' accompanied by a picture of one or more candidates; or

(I) ``Smith's the one.''

(g) (i) ``Party committee'' means:

(1) The state committee of a political party regulated by article 3 of
chapter 25 of the Kansas Statutes Annotated, or;

(2) the county central committee or the state committee of a political
party regulated under article 38 of chapter 25 of the Kansas Statutes
Annotated or;

(3) the bona fide national organization or committee of those political
parties regulated by the Kansas Statutes Annotated, or;

(4) not more than one political committee established by the state
committee of any such political party and designated as a recognized
political committee for the senate or; or

(5) not more than one political committee established by the state
committee of any such political party and designated as a recognized
political committee for the house of representatives.

(h) (j) ``Person'' means any individual, committee, corporation, part-
nership, trust, organization or association.

(i) ``Political committee'' means any combination of two or more in-
dividuals or any person other than an individual, a major purpose of which
is to support or oppose any candidate for state or local office, but not
including any candidate committee or party committee.

(k) ``Political committee'' means any combination of two or more in-
dividuals or any person other than an individual, a major purpose of
which is to expressly advocate the nomination, election or defeat of a
clearly identified candidate for state or local office or make contributions
to or expenditures for the nomination, election or defeat of a clearly iden-
tified candidate for state or local office.

(j) (l) ``Receipt'' means a contribution or any other money or thing of
value, but not including volunteer services provided without compensa-
tion, received by a treasurer in the treasurer's official capacity.

(k) (m) ``State office'' means any state office as defined in K.S.A.
25-2505, and amendments thereto.

(l) (n) ``Testimonial event'' means an event held for the benefit of an
individual who is a candidate to raise funds contributions for such can-
didate's campaign. Testimonial events include but are not limited to din-
ners, luncheons, rallies, barbecues and picnics.

(m) (o) ``Treasurer'' means a treasurer of a candidate or of a candidate
committee, a party committee or a political committee appointed under
the campaign finance act or a treasurer of a combination of individuals
or a person other than an individual which is subject to paragraph (2) of
subsection (a) of K.S.A. 25-4172, and amendments thereto.

(n) (p) ``Local office'' means a member of the governing body of a
city of the first class, any elected office of a unified school district having
35,000 or more pupils regularly enrolled in the preceding school year, a
county or of the board of public utilities.

Sec. 5. K.S.A. 1997 Supp. 25-4145 is hereby amended to read as
follows: 25-4145. (a) Each party committee and each political committee
which anticipates receiving contributions or making expenditures shall
appoint a chairperson and a treasurer. The chairperson of each party
committee and each political committee which supports or opposes an-
ticipates receiving contributions or making expenditures for a candidate
for state office shall make a statement of organization and file it with the
secretary of state not later than 10 days after establishment of such com-
mittee. The chairperson of each political committee, the major purpose
of which is to support or oppose anticipates receiving contributions or
making expenditures for any candidate for local office, shall make a state-
ment of organization and file it with the county election officer not later
than 10 days after establishment of such committee.

(b) Every statement of organization shall include:

(1) The name and address of the committee. The name of the com-
mittee shall reflect the full name of the organization with which the com-
mittee is connected or affiliated or sufficiently describe such affiliation. If
the political committee is not connected or affiliated with any one organ-
ization, the name shall reflect the trade, profession or primary interest of
the committee as reflected by the statement of purpose of such organiza-
tion;

(2) the names and addresses of the chairperson and treasurer of the
committee;

(3) the names and addresses of affiliated or connected organizations;
and

(4) in the case of a political committee, the full name of the organi-
zation with which the committee is connected or affiliated or, name or
description sufficiently describing the affiliation or, if the committee is
not connected or affiliated with any one organization, the trade, profes-
sion or primary interest of contributors of the political committee as re-
flected by the statement of purpose of such organization.

(c) Any change in information previously reported in a statement of
organization shall be reported on a supplemental statement of organiza-
tion and filed not later than 10 days following the change.

(d) (1) Each political committee which anticipates receiving contri-
butions shall register annually with the commission on or before July 1
of each year. Each political committee registration shall be in the form
and contain such information as may be required by the commission.

(2) Each registration by a political committee anticipating the receipt
of $2,501 or more in any calendar year shall be accompanied by an annual
registration fee of $200.

(3) Each registration by a political committee anticipating the receipt
of more than $500 but less than $2,501 in any calendar year shall be
accompanied by an annual registration fee of $30.

(4) Each registration by a political committee anticipating the receipt
of $500 or less in any calendar year shall be accompanied by an annual
registration fee of $15.

(5) Any political committee which is currently registered under sub-
section (d)(3) or (d)(4) and which receives contributions in excess of
$2,500 for a calendar year, shall file, within three days of the date when
contributions exceed such amount, an amended registration form which
shall be accompanied by an additional fee for such year equal to the
difference between $200 and the amount of the fee that accompanied
the current registration.

(6)  Any political committee which is currently registered under sub-
section (d)(4) and which receives contributions in excess of $500 but
which are less than $2,501, shall file, within three days of the date when
contributions exceed $500, an amended registration form which shall be
accompanied by an additional fee of $15 for such year.

(e) All such fees received by or for the commission shall be remitted
to the state treasurer at least monthly. Upon receipt of each such remit-
tance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the Kansas governmental ethics commission on
governmental standards and conduct fee fund.

Sec. 6. K.S.A. 1997 Supp. 25-4146 is hereby amended to read as
follows: 25-4146. (a) A candidate may remove any treasurer or chairper-
son that such candidate has appointed, and a party committee or political
committee may remove its chairperson or treasurer. A candidate shall
remove any treasurer, that such candidate has appointed, against whom
a civil penalty has been imposed pursuant to K.S.A. 25-4152, and amend-
ments thereto. In case of a vacancy in the position of treasurer of a can-
didate before all of the obligations of the treasurer have been performed,
such candidate shall be such candidate's own treasurer from the date of
such vacancy until such time as the candidate appoints a successor and
reports the name and address of the treasurer to the secretary of state if
the candidate is a candidate for state office or to the county election
officer if the candidate is a candidate for local office. In case of a vacancy
in the position of treasurer of a candidate committee, the candidate shall
be treasurer from the date of vacancy or removal, until such time as the
candidate appoints a successor and reports the name and address of the
treasurer to the secretary of state if the candidate is a candidate for state
office or to the county election officer if the candidate is a candidate for
local office. In case of a vacancy in the position of treasurer of a party
committee or political committee, such committee chairperson shall be
treasurer from the date of vacancy or removal until such time as the
committee appoints a successor and reports the name and address of the
treasurer: (1) To the secretary of state if such committee is a party com-
mittee or a political committee the major purpose of which is to support
or oppose receiving contributions or making expenditures for a candidate
for state office or; or (2) to the county election officer if such committee
is a party committee or a political committee the major purpose of which
is to support or oppose receiving contributions or making expenditures
for a candidate for local office. An individual who vacates the position of
treasurer by reason of removal or resignation shall substantiate the ac-
curacy of such person's records to the succeeding treasurer. No resig-
nation of a treasurer shall be effective until a written statement of res-
ignation of such treasurer has been filed with the secretary of state if the
treasurer is that of a candidate or committee involving a candidate for
state office or with the county election officer if the treasurer is that of a
candidate or committee involving a candidate for local office. No removal
of a treasurer of a candidate or candidate committee shall be effective
until a written statement of such removal from the candidate has been
filed with: (1) The secretary of state if the candidate is a candidate for
state office or ; or (2) with the county election officer if the candidate is
a candidate for local office. No removal of a treasurer of a party committee
or political committee shall be effective until a written statement of such
removal from the party committee or political committee has been filed
with: (1) The secretary of state if such committee is a party committee or
a political committee the major purpose of which is to support or oppose
receiving contributions or making expenditures for a candidate for state
office or; or (2) with the county election officer if such committee is a
party committee or a political committee the major purpose of which is
to support or oppose receiving contributions or making expenditures for
a candidate for local office. The succeeding treasurer shall not be held
responsible for the accuracy of the predecessor treasurer's records.

(b) No contribution or other receipt shall be received or expenditure
made, by or on behalf of a candidate, pair of candidates or candidate
committee, except receipt or payment of a filing fee:

(1) Until such candidate appoints a treasurer and makes the report
required by K.S.A. 25-4144, and amendments thereto; and

(2) unless by or through such treasurer.

(c) No contribution or other receipt shall be received or expenditure
made by or on behalf of a party committee or political committee:

(1) Until the chairperson and treasurer of such committee are ap-
pointed;

(2) the chairperson of the party committee or a political committee
has filed a statement of organization required by K.S.A. 25-4145 and
amendments thereto; and

(2) (3) unless by or through the treasurer of such committee.

Sec. 7. K.S.A. 25-4147 is hereby amended to read as follows: 25-
4147. (a) Every treasurer shall keep detailed accounts of all contributions
and other receipts received and all expenditures made by or on behalf of
the treasurer's candidate or committee.

(b) Accounts of any treasurer may be inspected under conditions de-
termined by the commission, and shall be preserved for a period to be
designated by the commission.

(c) An individual may serve as treasurer for a candidate, candidate
committee, party committee or political committee or of any two or more
such committees or candidates.

(d) Every person who receives a contribution for a candidate, can-
didate committee, party committee or political committee more than five
days prior to the ending date of any period for which a report is required
by K.S.A. 25-4148, and amendments thereto shall, on demand of the
treasurer, or in any event on or before the ending date of the reporting
period, shall remit the same and render to the treasurer an account
thereof, including the amount, the name and address of the person, if
known, making the contribution and the date received.

(e) No contribution or other receipt received by a candidate, candi-
date committee, party committee or political committee shall be com-
mingled with personal funds of the candidate or the treasurer or other
officers or members of such committee.

(f) No candidate, candidate committee, party committee or political
committee shall receive any contribution or other receipt from a political
committee unless accompanied by the full name of the organization with
which the political committee is connected or affiliated or, name or de-
scription sufficiently describing the affiliation or, if the political commit-
tee is not connected or affiliated with any one organization, the trade,
profession or primary interest of contributors of the political committee
as reflected by the statement of purpose of such organization.

Sec. 8. K.S.A. 1997 Supp. 25-4148 is hereby amended to read as
follows: 25-4148. (a) Every treasurer shall file a report prescribed by this
section. Reports filed by treasurers for candidates for state office, other
than officers elected on a state-wide basis, shall be filed in both the office
of the secretary of state and in the office of the county election officer of
the county in which the candidate is a resident. Reports filed by treasurers
for candidates for state-wide office shall be filed only with the secretary
of state. Reports filed by treasurers for candidates for local office shall be
filed in the office of the county election officer of the county in which
the name of the candidate is on the ballot. Except as otherwise provided
by subsection (h), all such reports shall be filed in time to be received in
the offices required on or before each of the following days:

(1) The eighth day preceding the primary election, which report shall
be for the period beginning on January 1 of the election year for the office
the candidate is seeking and ending 12 days before the primary election,
inclusive;

(2) the eighth day preceding a general election, which report shall be
for the period beginning 11 days before the primary election and ending
12 days before the general election, inclusive;

(3) January 10 of the year after an election year, which report shall
be for the period beginning 11 days before the general election and end-
ing on December 31, inclusive;

(4) for any calendar year when no election is held, a report shall be
filed on the next January 10 for the preceding calendar year;

(5) a treasurer shall file only the annual report required by subsection
(4) for those years when the candidate is not participating in a primary
or general election.

(b) Each report required by this section shall state:

(1) Cash on hand on the first day of the reporting period;

(2) the name and address of each person who has made one or more
contributions in an aggregate amount or value in excess of $50 during the
election period together with the amount and date of such contributions,
including the name and address of every lender, guarantor and endorser
when a contribution is in the form of an advance or loan;

(3) the aggregate amount of all proceeds from bona fide sales of po-
litical materials such as, but not limited to, political campaign pins, but-
tons, badges, flags, emblems, hats, banners and literature;

(4) the aggregate amount of contributions for which the name and
address of the contributor is not known;

(5) each contribution, rebate, refund or other receipt not otherwise
listed;

(6) the total of all receipts;

(7) the name and address of each person to whom expenditures have
been made in an aggregate amount or value in excess of $50, with the
amount, date, and purpose of each and; the names and addresses of all
persons to whom any loan or advance has been made; when an expend-
iture is made by payment to an advertising agency, public relations firm
or political consultants for disbursement to vendors, the report of such
expenditure shall show in detail the name of each such vendor and the
amount, date and purpose of the payments to each;

(8) the name and address of each person from whom an in-kind con-
tribution was received or who has paid for personal services provided
without charge to or for any candidate, candidate committee, party com-
mittee or political committee, if the contribution is in excess of $50 and
is not otherwise reported under subsection (b)(7), and the amount, date
and purpose of the contribution;

(9) the aggregate of all expenditures not otherwise reported under
this section; and

(10) the total of expenditures.

(c) Treasurers of candidates and of candidate committees shall be
required to itemize, as provided in subsection (b)(2), only the purchase
of tickets or admissions to testimonial events by a person who purchases
such tickets or admissions in an aggregate amount or value in excess of
$50 per event, or who purchases such a ticket or admission at a cost
exceeding $25 per ticket or admission. All other purchases of tickets or
admissions to testimonial events shall be reported in an aggregate amount
and shall not be subject to the limitations specified in K.S.A. 25-4154,
and amendments thereto.

(d) If a contribution or other receipt from a political committee is
required to be reported under subsection (b), the report shall include the
full name of the organization with which the political committee is con-
nected or affiliated or, name or description sufficiently describing the
affiliation or, if the committee is not connected or affiliated with any one
organization, the trade, profession or primary interest of contributors of
the political committee as reflected by the statement of purpose of such
organization.

(e) The commission may require any treasurer to file an amended
report for any period for which the original report filed by such treasurer
contains material errors or omissions, and notice of the errors or omissions
shall be part of the public record. The amended report shall be filed
within 30 days after notice by the commission.

(f) The commission may require any treasurer to file a report for any
period for which the required report is not on file, and notice of the failure
to file shall be part of the public record. Such report shall be filed within
five days after notice by the commission.

(g) For the purpose of any report required to be filed pursuant to
subsection (a) by the treasurer of any candidate seeking nomination by
convention or caucus or by the treasurer of the candidate's committee or
by the treasurer of any party committee or political committee of which
the primary purpose is supporting or opposing the nomination of any such
candidate, the date of the convention or caucus shall be considered the
date of the primary election.

(h) If a report is sent by certified or registered mail on or before the
day it is due, the mailing shall constitute receipt by that office.

Sec. 9. K.S.A. 25-4150 is hereby amended to read as follows: 25-
4150. Every person, other than a candidate or a candidate committee,
party committee or political committee, who makes contributions or ex-
penditures, other than by contribution to a candidate or a candidate com-
mittee, party committee or political committee, in an aggregate amount
of $100 or more within a calendar year shall make statements containing
the information required by K.S.A. 25-4148, and amendments thereto,
and file them. Such statements shall be filed in the office or offices re-
quired so that each such statement is in such office or offices on the day
specified in K.S.A. 25-4148, and amendments thereto. If such contribu-
tions are received or expenditures are made to support or oppose ex-
pressly advocate the nomination, election or defeat of a clearly identified
a candidate for state office, other than that of an officer elected on a state-
wide basis such statement shall be filed in both the office of the secretary
of state and in the office of the county election officer of the county in
which the candidate is a resident. If such contributions are received or
expenditures are made to support or oppose a expressly advocate the
nomination, election or defeat of a clearly identified candidate for state-
wide office such statement shall be filed only in the office of the secretary
of state. If such contributions or expenditures are made to support or
oppose a expressly advocate the nomination, election or defeat of a clearly
identified candidate for local office such statement shall be filed in the
office of the county election officer of the county in which the name of
the candidate is a resident on the ballot. Reports made under this section
need not be cumulative.

Sec. 10. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
follows: 25-4152. (a) The commission shall send a notice by registered or
certified mail to any person failing to file any report or statement required
by K.S.A. 25-4144, 25-4145 or 25-4148, and amendments thereto, and to
the candidate appointing any treasurer failing to file any such report,
within the time period prescribed therefor. The notice shall state that the
required report or statement has not been filed with either the office of
secretary of state or county election officer or both. The person failing to
file any report or statement, and the candidate appointing any such per-
son, shall be responsible for the filing of such report or statement. The
notice shall also shall state that such person shall have 15 days from the
date such notice is deposited in the mail to comply with the registration
and reporting requirements before a civil penalty shall be imposed for
each day that the required documents remain unfiled. If such person fails
to comply within the prescribed period, such person shall pay to the state
a civil penalty of $10 per day for each day that such report or statement
remains unfiled, except that no such civil penalty shall exceed $300. The
commission may waive, for good cause, payment of any civil penalty im-
posed by this section.

(b) Civil penalties provided for by this section shall be paid to the
state treasurer, who shall deposit the same in the state treasury to the
credit of the Kansas governmental ethics commission on governmental
standards and conduct fee fund.

(c) If a person fails to pay a civil penalty provided for by this section,
it shall be the duty of the attorney general or county or district attorney
to bring an action to recover such civil penalty in the district court of the
county in which such person resides.

Sec. 11. K.S.A. 25-4156 is hereby amended to read as follows: 25-
4156. (a) (1) Whenever any person sells space in any newspaper, magazine
or other periodical to a candidate or to a candidate committee, party
committee or political committee, the charge made for the use of such
space shall not exceed the charges made for comparable use of such space
for other purposes.

(2) Intentionally charging an excessive amount for political advertis-
ing is a class A misdemeanor.

(b) (1) Corrupt political advertising of a state or local office is:

(A) Publishing or causing to be published in a newspaper or other
periodical any paid matter which is designed or tends to aid, injure or
defeat any candidate for nomination or election to expressly advocates
the nomination, election or defeat of a clearly identified candidate for a
state or local office, unless such matter is followed by the word ``adver-
tisement'' or the abbreviation ``adv.'' in a separate line together with the
name of the chairperson or treasurer of the political or other organization
inserting sponsoring the same or the name of the person individual who
is responsible therefor; or

(B) broadcasting or causing to be broadcast by any radio or television
station any paid matter which is designed or tends to aid, injure or defeat
any candidate for nomination or election to expressly advocates the nom-
ination, election or defeat of a clearly identified candidate for a state or
local office, unless such matter is followed by a statement that the pre-
ceding was an advertisement together with which states: ``Paid for'' or
``Sponsored by'' followed by the name of the sponsoring organization and
the name of the chairperson or treasurer of the political or other organ-
ization sponsoring the same or the name of the person individual who is
responsible therefor.; or

(C) publishing or causing to be published any brochure, flier or other
political fact sheet which expressly advocates the nomination, election or
defeat of a clearly identified candidate for a state or local office, unless
such matter is followed by the name of the chairperson or treasurer of
the political or other organization sponsoring the same or the name of the
individual who is responsible therefor.

The provisions of this subsection (C) requiring the disclosure of the
name of an individual shall not apply to individuals making expenditures
in an aggregate amount of less than $2,500 within a calendar year.

(2) Corrupt political advertising of a state or local office is a class C
misdemeanor.

(c) If any provision of this section or application thereof to any person
or circumstance is held invalid, such invalidity does not affect other pro-
visions or applications of this section which can be given effect without
the invalid application or provision, and to this end the provisions of this
section are declared to be severable.

Sec. 12. K.S.A. 1997 Supp. 25-4157a is hereby amended to read as
follows: 25-4157a. (a) No moneys received by any candidate or candi-
date committee of any candidate as a contribution under this act shall be
used or be made available for the personal use of the candidate and no
such moneys shall be used by such candidate or the candidate committee
of such candidate except for:

(1) Legitimate campaign purposes, for;

(2) expenses of holding political office or for;

(3) contributions to the party committees of the political party of
which such candidate is a member;

(4) any membership dues or donations paid to a community service
or civic organization in the name of the candidate or candidate committee
of any candidate;

(5) expenses incurred in the purchase of tickets to meals and special
events sponsored by any organization the major purpose of which is to
promote or facilitate the social, business, commercial or economic well
being of the local community; or

(6) expenses incurred in the purchase and mailing of greeting cards
to voters and constituents.

For the purpose of this subsection, expenditures for ``personal use''
shall include expenditures to defray normal living expenses for the can-
didate or the candidate's family and expenditures for the personal benefit
of the candidate having no direct connection with or effect upon the
campaign of the candidate or the holding of public office.

(b) No moneys received by any candidate or candidate committee of
any candidate as a contribution shall be used to pay interest or any other
finance charges upon moneys loaned to the campaign by such candidate
or the spouse of such candidate.

(b) (c) No candidate or candidate committee shall accept from any
other candidate or candidate committee for any candidate for local, state
or national office, any moneys received by such candidate or candidate
committee as a campaign contribution. The provisions of this subsection
shall not be construed to prohibit a candidate or candidate committee
from accepting moneys from another candidate or candidate committee
if such moneys constitute a reimbursement for one candidate's propor-
tional share of the cost of any campaign activity participated in by both
candidates involved. Such reimbursement shall not exceed an amount
equal to the proportional share of the cost directly benefiting and attrib-
utable to the personal campaign of the candidate making such reimburse-
ment.

(c) (d) At the time of the termination of any campaign and prior to
the filing of a termination report in accordance with K.S.A. 25-4157, and
amendments thereto, all residual funds not otherwise not obligated for
the payment of expenses incurred in such campaign or the holding of
office shall be contributed to a charitable organization, as defined by the
laws of the state, contributed to a party committee or returned as a refund
in whole or in part to any contributor or contributors from whom received
or paid into the general fund of the state.

Sec. 13. K.S.A. 25-4169a is hereby amended to read as follows: 25-
4169a. (a) No officer or employee of the state of Kansas, any county, any
unified school district having 35,000 or more pupils regularly enrolled,
any city of the first class or the board of public utilities of the city of
Kansas City, Kansas, shall use or authorize the use of public funds or
public vehicles, machinery, equipment or supplies of any such govern-
mental agency or the time of any officer or employee of any such gov-
ernmental agency, for which the officer or employee is compensated by
such governmental agency, for the purpose of influencing the nomination
or election of any to expressly advocate the nomination, election or defeat
of a clearly identified candidate to state office or local office. The provi-
sions of this section prohibiting the use of time of any officer or employee
for such purposes shall not apply to an incumbent officer campaigning
for nomination or reelection to a succeeding term to such office or to
members of the personal staff of any elected officer.

(b) Any person violating the provisions of this section shall be guilty
of a class C misdemeanor.

Sec. 14. K.S.A. 25-4173 is hereby amended to read as follows: 25-
4173. Every candidate for state or local office who intends to expend or
have expended on such person's behalf an aggregate amount or value of
less than $500, exclusive of such candidate's filing fee, and who intends
to receive or have received on such person's behalf contributions in an
aggregate amount or value of less than $500 in each of the primary and
the general election elections shall file, not later than the ninth day pre-
ceding the primary election, an affidavit of such intent with the secretary
of state for state offices and. In the case of a candidate for a local office,
such affidavit also shall be filed with the county election officer of the
county of residence in which the name of the candidate for local offices
is on the ballot. No report required by K.S.A. 25-4148, and amendments
thereto, shall be required to be filed by or for such candidate.

Sec. 15. K.S.A. 25-4175 is hereby amended to read as follows: 25-
4175. For any calendar year during which a party or political committee
intends to expend an aggregate amount or value of less than $500 and
intends to receive contributions in an aggregate amount or value of less
than $500 and during which such party or political committee intends to
receive no contributions in excess of $50 from any one contributor, the
treasurer of such party or political committee shall file an affidavit of such
intent with the secretary of state if such committee is a party committee
or a political committee which supports or opposes a expressly advocates
the nomination, election or defeat of a clearly identified candidate for state
office and with the county election officer if the committee is a political
committee which supports or opposes a expressly advocates the nomi-
nation, election or defeat of a clearly identified candidate for local office.
Such treasurer shall not be required to file the reports required by K.S.A.
25-4148, and amendments thereto for the year for which such affidavit is
filed. Such affidavit may be filed at any time not later than the ninth day
preceding the primary election.

Sec. 16. K.S.A. 25-4180 is hereby amended to read as follows: 25-
4180. (a) Every person who engages in any activity promoting or opposing
the adoption or repeal of any provision of the Kansas constitution and
who accepts moneys or property for the purpose of engaging in such
activity shall make an annual report to the secretary of state of individual
contributions or contributions in kind in an aggregate amount or value in
excess of $50 received during the preceding calendar year for such pur-
poses. The report shall show the name and address of each contributor
for the activity and the amount or value of the individual contribution
made, together with a total value of all contributions received, and shall
also shall account for expenditures in an aggregate amount or value in
excess of $50 from such contributions by showing the amount or value
expended to each payee and the purpose of each such expenditure, to-
gether with a total value of all expenditures made. The annual report shall
be filed on or before February 15 of each year for the preceding calendar
year.

In addition to the annual report, a person engaging in an activity pro-
moting the adoption or repeal of a provision of the Kansas constitution
who accepts any contributed moneys for such activity shall make a pre-
liminary report to the secretary of state 15 days prior to each election at
which a proposed constitutional amendment is submitted. Such report
shall show the name and address of each individual contributor, together
with the amount contributed or contributed in kind in an aggregate
amount or value in excess of $50, and the expenditures in an aggregate
amount or value in excess of $50 from such contributions by showing the
amount paid to each payee and the purpose of the expenditure. A sup-
plemental report in the same format as the preliminary report shall be
filed with the secretary of state within 15 days after any election on a
constitutional proposition where contributed funds are received and ex-
pended in opposing or promoting such proposition.

Any person who engages in any activity promoting or opposing the
adoption or repeal of any provision of the Kansas constitution shall be
considered engaged in such activity upon the date the concurrent reso-
lution passes the Kansas house of representatives and senate in its final
form. Upon such date, if the person has funds in the constitutional
amendment campaign treasury, such person shall be required to report
such funds as provided by this section.

The word ``person'' as used herein means an individual, corporation,
partnership, association, organization or other legal entity.

(b) (1) The commission shall send a notice by registered or certified
mail to any person failing to file any report required by subsection (a)
within the time period prescribed therefor. The notice shall state that the
required report has not been filed with the office of the secretary of state.
The notice shall also state that such person shall have 15 days from the
date such notice is deposited in the mail to comply with the reporting
requirements before a civil penalty shall be imposed for each day that
the required documents remain unfiled. If such person fails to comply
within the prescribed period, such person shall pay to the state a civil
penalty of $10 per day for each day that such report remains unfiled,
except that no such civil penalty shall exceed $300. The commission may
waive, for good cause, payment of any civil penalty imposed by this sec-
tion.

(2) Civil penalties provided for by this section shall be paid to the
state treasurer, who shall deposit the same in the state treasury to the
credit of the Kansas governmental ethics commission on governmental
standards and conduct fee fund.

(3) If a person fails to pay a civil penalty provided for by this section,
it shall be the duty of the attorney general or county or district attorney
to bring an action to recover such civil penalty in the district court of the
county in which such person resides.

(c) The intentional failure to file any report required by subsection
(a) is a class A misdemeanor.

(d) This section shall be part of and supplemental to the campaign
finance act.

Sec. 17. K.S.A. 1997 Supp. 25-4181 is hereby amended to read as
follows: 25-4181. (a) The commission, in addition to any other penalty
prescribed under the campaign finance act, may assess a civil fine, after
proper notice and an opportunity to be heard, against any person for a
violation of the campaign finance act in an amount not to exceed $5,000
for the first violation, $10,000 for the second violation and $15,000 for
the third violation and for each subsequent violation. Whenever any civil
fine or penalty is proposed to be assessed against the treasurer of any
candidate who is not also the candidate, such notice shall be given to both
the treasurer and the candidate prior to the assessment of such fine or
penalty. All fines assessed and collected under this section shall be re-
mitted promptly to the state treasurer. Upon receipt thereof, the state
treasurer shall deposit the entire amount in the state treasury and credit
it to the Kansas governmental ethics commission on governmental stan-
dards and conduct fee fund.

(b) No individual who has failed to pay any civil penalty or civil fine
assessed, or failed to file any report required to be filed, under the cam-
paign finance act, unless such penalty or fine has been waived or is under
appeal, shall be eligible to become a candidate for state office or local
office under the laws of the state until such penalty or fine has been paid
or is on appeal or such report has been filed or both such penalty or fine
has been paid and such report filed.

Sec. 18. K.S.A. 1997 Supp. 25-4186 is hereby amended to read as
follows: 25-4186. (a) Not later than 10 days after receiving any contri-
bution or making any expenditure for a gubernatorial inauguration, the
governor-elect shall appoint an inaugural treasurer. The name and ad-
dress of such treasurer shall be reported to the secretary of state by the
governor-elect not later than 10 days after the appointment.

(b) No person shall make any expenditure or make or receive any
contribution or receipt, in kind or otherwise, for a gubernatorial inau-
guration except by or through the inaugural treasurer.

(c) The inaugural treasurer shall keep detailed accounts of all contri-
butions and other receipts received, in kind or otherwise, and all expend-
itures made for a gubernatorial inauguration. Accounts of the treasurer
may be inspected under conditions determined by the commission and
shall be preserved for a period to be designated by the commission. Every
person who receives a contribution or other receipt, in kind or otherwise,
for an inaugural treasurer more than five days before the ending date of
any period for which a report is required under this section shall, on
demand of the treasurer, or in any event on or before the ending date of
the reporting period, shall remit the same and render to the treasurer an
account thereof, including the name and address of the person, if known,
making the contribution or other receipt and the date received. No con-
tribution or other receipt received by the inaugural treasurer shall be
commingled with personal funds of the governor-elect or inaugural trea-
surer.

(d) The inaugural treasurer shall file with the secretary of state a
report on March 10 and July 10 following the inauguration. The report
filed on March 10 shall be for the period ending on February 28 and the
report filed on July 10 shall be for the period beginning on March 1 and
ending on June 30. Each report shall contain the information required to
be stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and
amendments thereto, and a declaration as to the correctness of the report
in the form prescribed by K.S.A. 25-4151, and amendments thereto. The
July 10 report shall be a termination report which shall include full in-
formation as to the disposition of residual funds. If a report is sent by
certified mail on or before the day it is due, the mailing shall constitute
receipt by the secretary of state.

(e) The aggregate amount contributed, in kind or otherwise, by any
person for a gubernatorial inauguration shall not exceed $2,000. No per-
son shall make a contribution in the name of another person, and no
person shall knowingly shall accept a contribution made by one person
in the name of another. No person shall give or accept any contribution
in excess of $10 unless the name and address of the contributor is made
known to the individual receiving the contribution. The aggregate of con-
tributions for which the name and address of the contributor is not known
shall not exceed 50% of the amount one person may contribute.

(f) No person shall copy any name of a contributor from any report
filed under this section and use such name for any commercial purpose,
and no person shall use any name for a commercial purpose with knowl-
edge that such name was obtained solely by copying information relating
to contributions contained in any report filed under this section.

(g) In addition to other reports required by this section, the inaugural
treasurer shall report the amount and nature of debts and obligations
owed for the gubernatorial inauguration, at times prescribed by the com-
mission, continuing until such debts and obligations are fully paid or dis-
charged.

(h) No moneys received by any inaugural treasurer shall be used or
be made available for the personal use of the governor-elect or governor
and no such moneys shall be used by such governor-elect or governor
except for legitimate gubernatorial inauguration expenses.

For the purpose of this subsection, expenditures for ``personal use''
shall include expenditures to defray normal living expenses and expend-
itures for personal benefit having no direct connection with or effect upon
the inauguration.

(i) Before the filing of a termination report in accordance with this
section, all residual funds not otherwise obligated for the payment of
expenses incurred for the gubernatorial inauguration shall be remitted to
the state treasurer who shall deposit the entire amount in the state treas-
ury and credit:

(1) To the inaugural expense fund created by K.S.A. 1997 Supp.
25-4187, and amendments thereto: (A) An amount equal to the amount
certified to the director of accounts and reports by the adjutant general
as the amount expended by the adjutant general for expenses incurred in
connection with the gubernatorial inauguration; or (B) if the amount of
residual funds is less than the amount certified, the entire amount of the
deposit; and

(2) to the Kansas governmental ethics commission on governmental
standards and conduct fee fund created by K.S.A. 25-4119e, and amend-
ments thereto, any remaining balance.

(j) (1) The commission shall send a notice by registered or certified
mail to any inaugural treasurer who fails to file any report required by
this section within the time period prescribed therefor. The notice shall
state that the required report has not been filed with the office of the
secretary of state. The notice shall also shall state that the treasurer shall
have 15 days from the date such notice is deposited in the mail to comply
with the reporting requirements before a civil penalty shall be imposed
for each day that the required documents remain unfiled. If the treasurer
fails to comply within the prescribed period, the treasurer shall pay to
the state a civil penalty of $10 per day for each day that the report remains
unfiled, except that no such civil penalty shall exceed $300. The com-
mission may waive, for good cause, payment of any civil penalty imposed
by this subsection.

(2) Civil penalties provided for by this subsection shall be paid to the
state treasurer, who shall deposit the entire amount in the state treasury
and credit it to the Kansas governmental ethics commission on govern-
mental standards and conduct fee fund.

(3) If a person fails to pay a civil penalty provided for by this section,
it shall be the duty of the attorney general to bring an action to recover
such civil penalty in the district court of Shawnee county.

(k) Any violation of subsection (e), (f) or (h) or any intentional failure
to file any report required by this section is a class A misdemeanor.

(l) Nothing in this section shall be construed to apply to expenditures
of state moneys related to any inaugural activity.

(m) This section shall be part of and supplemental to the campaign
finance act.

Sec. 19. K.S.A. 1997 Supp. 46-237 is hereby amended to read as
follows: 46-237. (a) No state officer or employee, candidate for state office
or state officer elect shall accept, or agree to accept any economic op-
portunity, gift, loan, gratuity, special discount, favor, hospitality, or service
having an aggregate value of $40 or more in any calendar year from any
one person known to have a special interest, under circumstances where
such person knows or should know that a major purpose of the donor is
to influence such person in the performance of their official duties or
prospective official duties.

(b) No person with a special interest shall offer, pay, give or make
any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
pitality or service having an aggregate value of $40 or more in any calendar
year to any state officer or employee, candidate for state office or state
officer elect with a major purpose of influencing such officer or employee,
candidate for state office or state officer elect in the performance of of-
ficial duties or prospective official duties.

(c) No person licensed, inspected or regulated by a state agency shall
offer, pay, give or make any economic opportunity, gift, loan, gratuity,
special discount, favor, hospitality, or service having an aggregate value
of $40 or more in any calendar year to such agency or any state officer
or employee, candidate for state office or state officer elect of that agency.

(d) Hospitality in the form of recreation, food and beverages are is
presumed not to be given to influence a state officer or employee, can-
didate for state office or state officer elect in the performance of official
duties or prospective official duties, except when a particular course of
official action is to be followed as a condition thereon. For the purposes
of this subsection, the term recreation shall not include the providing or
the payment of the cost of transportation or lodging.

(e) Except when a particular course of official action is to be followed
as a condition thereon, this section shall not apply to: (1) Any contribution
reported in compliance with the campaign finance act; or (2) a commer-
cially reasonable loan or other commercial transaction in the ordinary
course of business.

(f) No state officer or employee shall accept any payment of honoraria
for any speaking engagement except that a member of the state legislature
or a part-time officer or employee of the executive branch of government
shall be allowed to receive reimbursement in the preparation for and the
making of a presentation at a speaking engagement in an amount fixed
by the Kansas commission on governmental standards and conduct prior
to the acceptance of the speaking engagement. Nothing in this section
shall be construed to prohibit the reimbursement of state officers and
employees for reasonable expenses incurred in attending seminars, con-
ferences and other speaking engagements.

(g) The provisions of this section shall not be applicable to or prohibit
the acceptance of gifts from governmental agencies of foreign nations
except that any gift accepted from such foreign governmental agency,
having an aggregate value of $100 or more, shall be accepted on behalf
of the state of Kansas.

(h) No legislator shall solicit any contribution to be made to any or-
ganization for the purpose of paying for travel, subsistence and other
expenses incurred by such legislator or other members of the legislature
in attending and participating in meetings, programs and activities of such
organization or those conducted or sponsored by such organization, but
nothing in this act or the act of which this act is amendatory shall be
construed to prohibit any legislator from accepting reimbursement for
actual expenses for travel, subsistence, hospitality, entertainment and
other expenses incurred in attending and participating in meetings, pro-
grams and activities sponsored by the government of any foreign nation,
or any organization organized under the laws of such foreign nation or
any international organization or any national, nonprofit, nonpartisan or-
ganization established for the purpose of serving, informing, educating
and strengthening state legislatures in all states of the nation, when paid
from funds of such organization and nothing shall be construed to limit
or prohibit the expenditure of funds of and by any such organization for
such purposes.

Sec. 20. K.S.A. 46-246a is hereby amended to read as follows: 46-
246a. (a) From and after the effective date of this act, no state officer or
employee shall advocate or cause the employment, appointment, pro-
motion, transfer or advancement to any office or position of the state, of
a member of such officer's or employee's household or a family member.

(b) No state officer or employee shall participate in an action relating
to the employment or discipline of a member of the officer's or em-
ployee's household or a family member.

(c) The provisions of this section shall not apply to appointments of
members of the governor's staff, nor shall it apply to any action involving
the employment, appointment, promotion, transfer or advancement of
any officer or employee occurring prior to the effective date of this act.

(d) The provisions of this section shall be subject to interpretation
and enforcement by the Kansas governmental ethics commission on gov-
ernmental standards and conduct in the manner provided by K.S.A. 46-
253 through 46-263, and amendments thereto.

Sec. 21. K.S.A. 46-253 is hereby amended to read as follows: 46-253.
``Commission'' as used in K.S.A. 46-215 to 46-280, inclusive, and any
amendments thereto, and K.S.A. 46-248a and K.S.A. 1997 Supp. 46-237a,
and amendments thereto, means the Kansas governmental ethics com-
mission on governmental standards and conduct created by K.S.A. 25-
4119a, and amendments thereto. The commission may adopt rules and
regulations for the administration of the provisions of K.S.A. 46-215 to
46-280, and amendments thereto, and K.S.A. 46-248a and K.S.A. 1997
Supp. 46-237a, and amendments thereto. Any such rules and regulations
adopted by the Kansas public disclosure commission on governmental
standards and conduct shall continue in force and effect and shall be
deemed to be the rules and regulations of the commission created by
K.S.A. 25-4119a, and amendments thereto, until revised, amended, re-
pealed or nullified pursuant to law. All rules and regulations of the com-
mission shall be subject to the provisions of article 4 of chapter 77 of
Kansas Statutes Annotated.

Sec. 22. K.S.A. 1997 Supp. 46-265 is hereby amended to read as
follows: 46-265. (a) Every lobbyist shall register with the secretary of state
by completing and signing a registration form prescribed and provided
by the commission. Such registration shall show the name and address of
the lobbyist, the name and address of the person compensating the lob-
byist for lobbying, the purpose of the employment and the method of
determining and computing the compensation of the lobbyist. If the lob-
byist is compensated or to be compensated for lobbying by more than
one employer or is to be engaged in more than one employment, the
relevant facts listed above shall be separately stated separately for each
employer and each employment. Whenever any new lobbying employ-
ment or lobbying position is accepted by a lobbyist already registered as
provided in this section, such lobbyist shall report the same on forms
prescribed and provided by the commission before engaging in any lob-
bying activity related to such new employment or position, and such re-
port shall be filed with the secretary of state. When a lobbyist is an em-
ployee of a lobbying group or firm which contracts to lobby and not an
owner or partner of such entity, the lobbyist shall report each client of
the group, firm or entity whose interest the lobbyist represents. When-
ever the lobbying of a lobbyist concerns a legislative matter, the secretary
of state shall promptly shall transmit copies of each registration and each
report filed under this act to the secretary of the senate and the chief
clerk of the house of representatives.

(b) On or after October 1, in any year any person may register as a
lobbyist under this section for the succeeding calendar year. Such regis-
tration shall expire annually on December 31, of the year for which the
lobbyist is registered. In any calendar year, before engaging in lobbying,
persons to whom this section applies shall register or renew their regis-
tration as provided in this section. Except for employees of lobbying
groups or firms, every person registering or renewing registration who
anticipates spending $1,000 or less for lobbying in such registration year
on behalf of any one employer shall pay to the secretary of state a fee of
$30 for lobbying for each such employer. Except for employees of lob-
bying groups or firms, every person registering or renewing registration
who anticipates spending more than $1,000 for lobbying in such registra-
tion year on behalf of any one employer shall pay to the secretary of state
a fee of $250 for lobbying for such employer. Any lobbyist who at the
time of initial registration anticipated spending less than $1,000, on behalf
of any one employer, but at a later date spends in excess of such amount,
shall, within three days of the date when expenditures exceed such
amount, shall file an amended registration form which shall be accom-
panied by an additional fee of $220 for such year. Every person registering
or renewing registration as a lobbyist who is an employee of a lobbying
group or firm and not an owner or partner of such entity shall pay an
annual fee of $300. The secretary of state shall remit all moneys received
under this section to the state treasurer, and the state treasurer shall
deposit the same in the state treasury to the credit of the Kansas govern-
mental ethics commission on governmental standards and conduct fee
fund.

(c) Any person who has registered as a lobbyist pursuant to this act
may file, upon termination of such person's lobbying activities, a state-
ment terminating such person's registration as a lobbyist. Such statement
shall be on a form prescribed by the commission and shall state the name
and address of the lobbyist, the name and address of the person com-
pensating the lobbyist for lobbying and the date of the termination of the
lobbyist's lobbying activities.

(d) No person who has failed or refused to pay any civil penalty im-
posed pursuant to K.S.A. 46-280, and amendments thereto, shall be au-
thorized or permitted to register as a lobbyist in accordance with this
section until such penalty has been paid in full.

Sec. 23. K.S.A. 46-280 is hereby amended to read as follows: 46-280.
(a) The commission shall send a notice by registered or certified mail to
any person failing to register or to file any report or statement as required
by K.S.A. 46-247, 46-265 or 46-268, and amendments thereto, within the
time period prescribed therefor. The notice shall state that the required
registration, report or statement had not been filed with the office of
secretary of state. The notice shall also shall state that such person shall
have five days from the date of receipt of such notice to comply with the
registration and reporting requirements before a civil penalty shall be
imposed for each day that the required documents remain unfiled. If such
person fails to comply within such period, such person shall pay to the
state a civil penalty of $10 per day for each day that such person remains
unregistered or that such report or statement remains unfiled, except that
no such civil penalty shall exceed $300. The commission may waive, for
good cause, payment of any civil penalty imposed hereunder.

(b) Whenever the commission shall determine that any report filed
by a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
incorrect, incomplete or fails to provide the information required by such
section, the commission shall notify such lobbyist by registered or certi-
fied mail, specifying the deficiency. Such notice shall state that the lob-
byist shall have 30 days from the date of the receipt of such notice to file
an amended report correcting such deficiency before a civil penalty will
be imposed and the registration of such lobbyist revoked and the badge
be required to be returned to the office of the secretary of state. A copy
of such notice shall be sent to the office of the secretary of state. If such
lobbyist fails to file an amended report within the time specified, such
lobbyist shall pay to the commission a civil penalty of $10 per day for
each day that such person fails to file such report except that no such civil
penalty shall exceed $300. On the 31st day following the receipt of such
notice, the registration of any lobbyist failing to file such amended report
shall be revoked.

(c) Civil penalties provided for by this section shall be paid to the
state treasurer, who shall deposit the same in the state treasury to the
credit of the Kansas governmental ethics commission on governmental
standards and conduct fee fund.

(d) (1) Except as provided in subsection (2), if a person fails to pay
a civil penalty provided for by this section, it shall be the duty of the
attorney general or county or district attorney to bring an action to recover
such civil penalty in the district court of the county in which such person
resides.

(2) If a person required to file under subsection (f) of K.S.A. 46-247,
and amendments thereto, fails to pay a civil penalty provided for by this
section, it shall be the duty of the attorney general to bring an action to
recover such civil penalty in the district court of Shawnee County, Kansas.

Sec. 24. K.S.A. 46-288 is hereby amended to read as follows: 46-288.
The commission, in addition to any other penalty prescribed under K.S.A.
46-215 through 46-286, and amendments thereto, may assess a civil fine,
after proper notice and an opportunity to be heard, against any person
for a violation pursuant to K.S.A. 46-215 through 46-286, and amend-
ments thereto, in an amount not to exceed $5,000 for the first violation,
not to exceed $10,000 for the second violation and not to exceed $15,000
for the third violation and for each subsequent violation. All fines assessed
and collected under this section shall be remitted promptly to the state
treasurer. Upon receipt thereof, the state treasurer shall deposit the en-
tire amount in the state treasury and credit it to the Kansas governmental
ethics commission on governmental standards and conduct fee fund.

Sec. 25. K.S.A. 75-4302a is hereby amended to read as follows: 75-
4302a. (a) The statement of substantial interests shall include all substan-
tial interests of the individual making the statement.

(b) Statements of substantial interests shall be filed by the following
individuals at the times specified:

(1) By a candidate for local office who becomes a candidate on or
before the filing deadline for the office, not later than 10 days after the
filing deadline, unless before that time the candidacy is officially declined
or rejected.

(2) By a candidate for local office who becomes a candidate after the
filing deadline for the office, within five days of becoming a candidate,
unless within that period the candidacy is officially declined or rejected.

(3) By an individual appointed on or before April 30 of any year to
fill a vacancy in an elective office of a governmental subdivision, between
April 15 and April 30, inclusive, of that year.

(4) By an individual appointed after April 30 of any year to fill a
vacancy in an elective office of a governmental subdivision, within 15 days
after the appointment.

(5) By any individual holding an elective office of a governmental
subdivision, between April 15 and April 30, inclusive, of any year if, during
the preceding calendar year, any change occurred in the individual's sub-
stantial interests.

(c) The statement of substantial interests required to be filed pur-
suant to this section shall be filed in the office where declarations of
candidacy for the local governmental office sought or held by the indi-
vidual are required to be filed.

(d) The Kansas governmental ethics commission on governmental
standards and conduct shall adopt rules and regulations prescribing the
form and the manner for filing the disclosures of substantial interests
required by law. The commission shall provide samples of the form of
the statement to each county election officer.

(e) If an individual or an individual's spouse holds the position of
officer, director, associate, partner or proprietor in an organization ex-
empt from federal taxation of corporations under section 501(c)(3), (4),
(6), (7), (8), (10) or (19) of chapter 26 of the United States code, the
individual shall comply with all disclosure provisions of subsections (a),
(b), (c) and (d) of this section notwithstanding the provisions of K.S.A.
75-4301, and amendments thereto, which provide that these individuals
may not have a substantial interest in these corporations.

Sec. 26. K.S.A. 75-4303a is hereby amended to read as follows: 75-
4303a. (a) The Kansas governmental ethics commission on governmental
standards and conduct shall render advisory opinions on the interpreta-
tion or application of K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304,
75-4305 and 75-4306, and amendments thereto. The opinions shall be
rendered after receipt of a written request therefor by a local govern-
mental officer or employee or by any person who has filed as a candidate
for local office. Any person who requests and receives an advisory opinion
and who acts in accordance with its provisions shall be presumed to have
complied with the provisions of the general conflict of interests law. A
copy of any advisory opinion rendered by the commission shall be filed
by it the commission in the office of the secretary of state, and any opinion
so filed shall be open to public inspection. All requests for advisory opin-
ions shall be directed to the secretary of state who shall notify the com-
mission thereof.

(b) The Kansas governmental ethics commission on governmental
standards and conduct shall administer K.S.A. 75-4301a, 75-4302a, 75-
4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto, and may
adopt rules and regulations therefor.

Sec. 27. K.S.A. 25-4119a, 25-4119e, 25-4147, 25-4150, 25-4156,
25-4169a, 25-4173, 25-4175, 25-4180, 46-246a, 46-253, 46-280, 46-288,
75-4302a and 75-4303a and K.S.A. 1997 Supp. 25-4119f, 25-4143, 25-
4145, 25-4146, 25-4148, 25-4152, 25-4157a, 25-4181, 25-4186, 46-237
and 46-265 are hereby repealed.

Sec. 28. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 17, 1998

__________