CHAPTER 124 SENATE Substitute for HOUSE BILL No. 2627 An  Act concerning ethics and elections; concerning campaign finance; amending K.S.A.
25-4142 and K.S.A. 1999 Supp. 25-4143, 25-4153a, 46-236, 46-237, 46-237a and 46-269
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 46-236 is hereby amended to read as
follows: 46-236. No state officer or employee, candidate for state office
or state officer elect shall solicit any economic opportunity, gift, loan,
gratuity, special discount, favor, hospitality, or service from any person
known to have a special interest, under circumstances where such officer,
employee, candidate or state officer elect knows or should know that a
major purpose of the donor in granting the same could be to influence
the performance of the official duties or prospective official duties of such
officer, employee, candidate or state officer elect.

      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; (2) a commercially
reasonable loan or other commercial transaction in the ordinary course
of business; or (3) any solicitation for the benefit of any charitable organ-
ization which is required to file a registration statement with the secretary
of state pursuant to K.S.A. 17-1740 17-1761, and amendments thereto,
or which is exempted from filing such statement pursuant to K.S.A. 17-
1741 17-1762, and amendments thereto, or for the benefit of any edu-
cational institution or such institution's endowment association, if such
association has qualified as a nonprofit organization under paragraph (3)
of subsection (c) of section 501 of the internal revenue code of 1986, as
amended; (4) any solicitation for the benefit of any national nonprofit,
nonpartisan organization established for the purpose of serving, inform-
ing, educating and strengthening state legislatures in all states of the na-
tion; or (5) any solicitation for the benefit of any national, nonprofit or-
ganization established for the purpose of serving, informing and educating
elected executive branch officials in all states of the nation.

      Sec.  2. K.S.A. 1999 Supp. 46-237a is hereby amended to read as
follows: 46-237a. (a) The provisions of this section shall apply to:

      (1) The governor;

      (2) the lieutenant governor;

      (3) the governor's spouse;

      (4) all classified employees in the civil service of the state of Kansas;

      (5) all unclassified employees in the executive branch of state gov-
ernment whose compensation is subject to approval by the governor pur-
suant to K.S.A. 75-2935b, and amendments thereto; and

      (4) all officers and employees of the executive branch of state govern-
ment; and

      (6) (5) all members of boards, commissions and authorities of the
executive branch of state government.

      (b) No person subject to the provisions of this section shall solicit or
accept any gift, economic opportunity, loan, gratuity, special discount or
service provided because of such person's official position, except:

      (1) A gift having an aggregate value of less than $40 given at a cere-
mony or public function where the person is accepting the gift in such
person's official capacity; or

      (2) gifts from relatives or gifts from personal friends when it is ob-
vious to the person that the gift is not being given because of the person's
official position; or

      (3) anything of value received by the person on behalf of the state
that inures to the benefit of the state or that becomes the property of the
state; or

      (4) contributions solicited on behalf of a nonprofit organization which
is exempt from taxation under paragraph (3) of subsection (c) of section
501 of the internal revenue code of 1986, as amended.

      (c) No person subject to the provisions of this section shall solicit or
accept free or special discount meals from a source outside of state gov-
ernment, except:

      (1) Meals, the provision of which is motivated by a personal or family
relationship or provided at events that are widely attended. An occasion
is ``widely attended'' when it is obvious to the person accepting the meal
that the reason for providing the meal is not a pretext for exclusive or
nearly exclusive access to the person;

      (2) meals provided at public events in which the person is attending
in an official capacity;

      (3) meals provided to a person subject to this act when it is obvious
such meals are not being provided because of the person's official position;
and

      (4) food such as soft drinks, coffee or snack foods not offered as part
of a meal.

      (d) No person subject to the provisions of this section shall solicit or
accept free or special discount travel or related expenses from a source
outside state government, except:

      (1) When it is obvious to the person accepting the same that the free
or special discount travel and related expenses are not being provided
because of the person's official position; or

      (2) when the person's presence at a meeting, seminar or event serves
a legitimate state purpose or interest and the person's agency authorizes
or would authorize payment for such travel and expenses.

      (e) No person subject to the provisions of this section shall solicit or
accept free or special discount tickets or access to entertainment or sporting
events or activities such as plays, concerts, games, golf, exclusive swimming,
hunting or fishing or other recreational activities when the free or special
discount tickets or access are provided because of the person's official po-
sition. The provisions of this subsection shall not apply to persons whose
official position requires or obliges them to be present at such events or
activities.

      (f)  (1) Violations of the provisions of this section by any classified
employee in the civil service of the state of Kansas shall be considered
personal conduct detrimental to the state service and shall be a basis for
suspension, demotion or dismissal, subject to applicable state law.

      (2) Violations of the provisions of this section by any unclassified em-
ployee whose compensation is subject to be approved by the governor
pursuant to K.S.A. 75-2935b, and amendments thereto, shall subject such
employee to discipline up to and including termination.

      (3) In addition to the penalty prescribed under paragraphs (1) and
(2), the commission on governmental standards and conduct may assess
a civil fine, after proper notice and an opportunity to be heard, against
any person for a violation of this section, in an amount not to exceed
$5,000 for the first violation, not to exceed $10,000 for the second vio-
lation 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 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 commission on governmental standards and conduct fee
fund governmental ethics fee fund established by K.S.A. 25-4119e, and
amendments thereto.

      Sec.  3. K.S.A. 1999 Supp. 46-269 is hereby amended to read as fol-
lows: 46-269. Each report under required to be filed by K.S.A. 46-268,
and amendments thereto, is a public record and shall be open to public
inspection upon request. Such report shall disclose the following:

      (a) The full name and address of each person who has paid compen-
sation for lobbying to the lobbyist or has paid for expenses of lobbying by
the lobbyist during the period reported.

      (b) The aggregate amount or value of all expenditures made, except
for expenses of general office overhead, by the lobbyist or by the lobbyist's
employer for or in direct relation to lobbying during the reporting period,
if such expenditures exceed $100. Individual expenditures of less than $2
shall not be required to be reported under this subsection. Every lobbyist
shall keep detailed accounts of all expenditures required to be reported
pursuant to K.S.A. 46-268, and amendments thereto. Such expenditures
shall be reported according to the following categories of expenditures:

      (1) Food and beverages provided as hospitality;

      (2) entertainment, gifts, honoraria or payments;

      (3) mass media communications;

      (4) recreation provided as hospitality;

      (5) communications for the purpose of influencing legislative or ex-
ecutive action; and

      (6) all other reportable expenditures made in the performance of
services as a lobbyist.

With regard to expenditures for entertainment or hospitality which is
primarily recreation, food and beverages, only amounts expended on a
state officer or employee or on such officer or employee's spouse shall
be considered to be for or in direct relation to lobbying. Notwithstanding
the requirements of this subsection and subsection (c) (d), no lobbyist
shall be responsible to report any expenditure by the lobbyist's employer
of which such person has no knowledge.

      (c)  (1) In addition to the information reported pursuant to subsection
(b), each lobbyist expending an aggregate amount of $100 or more for
lobbying in any reporting period shall report any gift, entertainment or
hospitality provided to members of the legislature, members of the judicial
branch of government and any employees of the legislature or judicial
branch of government. Such report shall disclose the full name of the
legislator, member of the judicial branch and employee who received such
gift, entertainment or hospitality and the amount expended on such gift,
entertainment or hospitality.

      (2) No report shall be required to be filed pursuant to this subsection
(c) for the following:

      (A) Meals, the provision of which is motivated by a personal or family
relationship;

      (B) meals provided at public events in which the person is attending
in an official capacity;

      (C) meals provided to a person subject to this section when it is ob-
vious such meals are not being provided because of the person's official
position;

      (D) food such as soft drinks, coffee or snack foods not offered as part
of a meal; and

      (E) entertainment or hospitality in the form of recreation, food and
beverages provided at an event to which the following have been invited:

      (i) All members of the legislature or all members of either house of
the legislature; or

      (ii) all members of a political party caucus of the legislature or all
members of a political party caucus of either house of the legislature.

      (c) (d) Except as provided by subsection (c), whenever an individual
lobbyist contributes to a single special event, such lobbyist shall report
only the aggregate amount or value of the expenditure contributed by
such lobbyist.

      (d) (e) Whenever more than one lobbyist is employed by a single
employer, the reports required by this section relating to such employer
shall be made by only one such lobbyist and that lobbyist shall be the
lobbyist who is most directly connected with the particular expenditure
or gift, honoraria or payment. No expenditure or gift, honoraria or pay-
ment required to be reported by this section shall be reported by more
than one lobbyist.

      (e) (f) All accounts, records and documents of the lobbyist which
relate to every expenditure reported or which should have been reported
shall be maintained and preserved by the lobbyist for a period of five
years from the date of the filing of such report or statement and may be
inspected under conditions determined by the commission.

      Sec.  4. K.S.A. 1999 Supp. 46-237 is hereby amended to read as fol-
lows: 46-237. (a) Except as provided by this section, no state officer or
employee, candidate for state office or state officer elect shall accept, or
agree to accept any (1) economic opportunity, gift, loan, gratuity, special
discount, favor, hospitality, or service having an aggregate value of $40 or
more in any calendar year or (2) hospitality in the form of recreation
having an aggregate value of $100 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) Except as provided by this section, no person with a special in-
terest shall offer, pay, give or make any (1) economic opportunity, gift,
loan, gratuity, special discount, favor, hospitality or service having an ag-
gregate value of $40 or more in any calendar year or (2) hospitality in the
form of recreation having an aggregate value of $100 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 perform-
ance of official 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 is pre-
sumed not to be given to influence a state officer or employee, candidate
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 commission 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 at-
tending seminars, conferences 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.

      New Sec.  5. Sections 5 through 10, and amendments thereto, shall
be known and may be cited as the professional services sunshine act.

      New Sec.  6. As used in the professional services sunshine act:

      (a)  (1) ``Professional services'' means services performed under a
contract with a state agency by any:

      (A) Certified public accountant;

      (B) attorney; or

      (C) consultant.

      (2) ``Professional services'' shall not include the services of persons
who assist in the preparation of expert testimony for litigation or who act
as expert witnesses in litigation.

      (b) ``Consultant'' means an individual or firm providing contractual
services in the form of professional or technical advice or opinions.

      New Sec.  7. (a) Except as provided in this section, all contracts for
professional and consultant services, shall be negotiated in accordance
with the provisions of K.S.A. 75-37,102, and amendments thereto.

      (b) The provisions of subsection (a) shall not apply to any contract
for professional or consultant services that the director of purchases de-
termines meets one or more of the criteria established in subsections (a)
and (h) of K.S.A. 75-3739, and amendments thereto. When the director
of purchases approves a contract for professional or consultant services
under this subsection, the director may delegate authority to the agency
to enter into the contract under conditions and procedures prescribed by
the director.

      (c) The provisions of subsection (a) shall not apply to any contract for
professional or consultant services that is not anticipated to exceed
$25,000 in any fiscal year. Such a contract shall be entered into by the
state agency on the basis of competitive negotiations with at least two
individuals or firms unless the head of the agency determines that com-
petitive negotiations are not in the best interest of the state. The agency
head shall make a report to the director of purchases at least once in each
calendar quarter during the term of each contract for professional or
consultant services that exceeds $5,000 and that was entered into without
competitive negotiations.

      (d) The director of purchases shall prepare a detailed report at least
once in each calendar quarter during the term of each contract for pro-
fessional or consultant services that exceeds $5,000 that is entered into
under subsection (b) and all contracts for professional or consultant serv-
ices reported to the director under subsection (c). The director of pur-
chases shall submit such report to the legislative coordinating council, the
chairperson of the committee on ways and means of the senate, the chair-
person of the committee on appropriations of the house of representatives
and the chairperson of the Kansas performance review board.

      (e) All contracts for architectural services, engineering services, con-
struction management or ancillary technical services entered into by a
state agency shall be entered into in accordance with the provisions of
K.S.A. 75-430a, 75-1250 through 75-1266 and 75-5801 through 75-5807,
and amendments thereto.

      (f) All contracts for professional services entered into by the board of
governors of the health care stabilization fund shall be entered into in
accordance with the provisions of K.S.A. 40-3410 and 40-3411, and
amendments thereto.

      (g) Upon written certification from the commissioner of insurance to
the director of purchases and the legislative budget committee that an
emergency exists and the best interests of the state would be jeopardized
by compliance with subsection (a), the provisions of subsections (a) and
(c) shall not apply to contracts for legal services performed under article
36 of chapter 40 of the Kansas Statutes Annotated.

      New Sec.  8. If a state agency expends grant funds to purchase goods
or services for which the state agency receives a direct service or a tangible
asset, the procurement of those goods or services shall be subject to
K.S.A. 75-3739, 75-37,102 and section 7, and amendments thereto, or
other applicable statutes relating to procurement of those goods and serv-
ices.

      New Sec.  9. Nothing in section 7 or 8, and amendments thereto,
shall be construed to allow federal grant moneys received by a state
agency to be handled differently from any other moneys of the state
unless the requirements of the applicable federal grant specifically re-
quire such federal moneys to be handled differently.

      New Sec.  10. (a) Prior to entering a contract for legal services where
the amount of the fees paid to an attorney or firm of attorneys reasonably
may exceed $1,000,000, the director of purchases shall submit the pro-
posed request for proposal to the legislative budget committee. Within
30 days after submission of such request for proposal, the committee may
hold a public hearing on the proposed request for proposal and shall issue
a report to the director of purchases. The report shall include any pro-
posed changes to the proposed request for proposal suggested by the
committee. The committee is not authorized to waive the evidentiary
privileges of the state, or any of the persons or entities that state attorneys
are representing or acting in concert with in any litigation or anticipated
litigation. The committee, the director of purchases and their employees
shall take all reasonable steps to protect such privileges. The director of
purchases shall review the report and adopt a final request for proposal
as deemed appropriate in view of the report and shall file the final request
for proposal with the legislative budget committee.

      If the proposed request for proposal does not contain the changes pro-
posed by the committee, the director of purchases shall submit with the
final request for proposal a letter stating the reasons why such proposed
changes were not adopted. The director of purchases shall not release
the final request for proposal until at least 10 days after the date of sub-
mission of the final request for proposal to the legislative budget com-
mittee.

      If the legislative budget committee makes no suggested changes to the
proposed request for proposal or fails to report any suggested changes
within 60 days of the submission of the proposed request for proposal to
such committee, the director of purchases may release the request for
proposal.

      (b) After awarding a contract for legal services where the amount of
the fees paid to an attorney or firm of attorneys reasonably may exceed
$1,000,000, the director of purchases shall submit the contract to the
legislative budget committee. Within 30 days after submission of such
contract, the committee may hold a public hearing on the contract and
shall issue a report to the director of purchases. The report shall include
any concerns of the committee.

      (c) The provisions of this section shall not apply in any action in which
the state of Kansas or any state agency, officer or employee is a defendant
and a contract for legal services is to be entered. The director of purchases
shall prepare a report each calendar quarter while such legal proceeding
is in progress. Such report shall include the case citation and the date
upon which the action was filed. The director of purchases shall submit
the report to the legislative coordinating council, the chairperson of the
committee on ways and means of the senate, the chairperson of the com-
mittee on appropriations of the house of representatives and the chair-
person of the Kansas performance review board.

      (d) The director of purchases shall prepare a detailed report at least
once in each calendar quarter of each legal proceeding which has been
completed and for which a contingency fee arrangement was entered.
Such report shall disclose the hours worked on the case, the expenses
incurred, the aggregate fee amount and a breakdown as to the hourly
rate, based on hours worked divided into fee recovered, less expenses.
The director of purchases shall submit the report to the legislative coor-
dinating council, the chairperson of the committee on ways and means
of the senate, the chairperson of the committee on appropriations of the
house of representatives and the chairperson of the Kansas performance
review board.

      (e) Reasonable attorney fees to be paid by the state or defendant in
an action where the attorney was hired by the state with a contingency
fee agreement shall be approved by the judge after an evidentiary hearing
and prior to final disposition of the case by the district court. Any indi-
vidual may provide information to the court and be heard before the court
with regard to the reasonableness of attorney fees paid by the state or
defendant under the contingency fee agreement. Compensation for rea-
sonable attorney fees for services performed in an appeal of a judgment
in any such action to the court of appeals shall be approved after an
evidentiary hearing by the chief judge or by the presiding judge of the
panel hearing the case. Compensation for reasonable attorney fees for
services performed in an appeal of a judgment in any such action to the
supreme court shall be approved after an evidentiary hearing by the de-
partmental justice for the department in which the appeal originated. In
determining the reasonableness of such compensation, the judge or jus-
tice shall consider the following:

      (1) The time and labor required, the novelty and difficulty of the
questions involved and the skill requisite to perform the legal service
properly.

      (2) The likelihood, if apparent to the client, that the acceptance of
the particular employment will preclude other employment by the attor-
ney.

      (3) The fee customarily charged in the locality for similar legal serv-
ices.

      (4) The amount involved and the results obtained.

      (5) The time limitations imposed by the client or by the circum-
stances.

      (6) The nature and length of the professional relationship with the
client.

      (7) The experience, reputation and ability of the attorney or attorneys
performing the services.

      (8) Whether the fee is fixed or contingent.

      Sec.  11. K.S.A. 25-4142 is hereby amended to read as follows: 25-
4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-4142 to 25-4179 inclusive,
and amendments thereto and 25-4119e, 25-4119f, 25-4119g, 25-4148a,
25-4153a, 25-4157a, 25-4169a, 25-4180 to 25-4185, inclusive through 25-
4187 and section 14, and amendments thereto, shall constitute be known
and may be cited as the ``campaign finance act.''

      Sec.  12. K.S.A. 1999 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 such per-
son'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.

      (d) ``Commission'' means the governmental ethics commission.

      (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 pur-
pose of nominating, electing or defeating a clearly identified candidate
for a state or local office.

      (B) Any advance, conveyance, deposit, distribution, gift, loan or pay-
ment of money or any other thing of value made to expressly advocate
the nomination, election or defeat of a clearly identified candidate for a
state or local office;

      (C) a transfer of funds between any two or more candidate commit-
tees, party committees or political committees;

      (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;

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

      (F) a mailing of materials designed to expressly advocate the nomi-
nation, election or defeat of a clearly identified candidate, which is made
and paid for by a party committee 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.

      (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.

      (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 pur-
pose of nominating, electing or defeating a clearly identified candidate
for a state or local office.

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

      (C) any contract to make an expenditure;

      (D) a transfer of funds between any two or more candidate commit-
tees, party committees or political committees; or

      (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
expressly advocate the nomination, election or defeat of a clearly identi-
fied 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) (1) ``Vote for the secretary of state'';

      (B) (2) ``re-elect your senator'';

      (C) (3) ``support the democratic nominee'';

      (D) (4) ``cast your ballot for the republican challenger for governor'';

      (E) (5) ``Smith for senate'';

      (F) (6) ``Bob Jones in '98'';

      (G) (7) ``vote against Old Hickory'';

      (H) (8) ``defeat'' accompanied by a picture of one or more candidates;
or

      (I) (9) ``Smith's the one.''

      (i) ``Party committee'' means:

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

      (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;

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

      (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

      (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.

      (j) ``Person'' means any individual, committee, corporation, partner-
ship, trust, organization or association.

      (k)  (1) ``Political committee'' means any combination of two or more
individuals 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
identified candidate for state or local office.

      (2) ``Political committee'' shall not include a candidate committee or
a party committee.

      (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.

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

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

      (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.

      (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.  13. K.S.A. 1999 Supp. 25-4153a is hereby amended to read as
follows: 25-4153a. (a) No registered lobbyist, political committee or per-
son, other than an individual, shall make a contribution as defined by
subsection (d) of K.S.A. 25-4143, and amendments thereto, to any leg-
islator, candidate for membership in the senate or house of representa-
tives, candidate committee for any such legislator or candidate, state of-
ficer elected on a statewide basis, candidate for state office elected on a
statewide basis or candidate committee for any such officer or candidate
after January 1 of each year and prior to adjournment sine die of the
regular session of the legislature or at any other time in which the legis-
lature is in session to a:

      (1) Legislator;

      (2) candidate for membership in the legislature;

      (3) state officer elected on a statewide basis;

      (4) candidate for state officer elected on a statewide basis;

      (5) candidate committee of persons described in paragraphs (1)
through (4); or

      (6) political committee established by a state committee of any polit-
ical party and designated as a recognized political committee for the sen-
ate or house of representatives.

      (b) No such legislator, officer, candidate or committee described in
paragraphs (1) through (6) of subsection (a) shall accept or solicit any
contribution as defined by subsection (d) of K.S.A. 25-4143, and amend-
ments thereto, from any registered lobbyist, political committee or per-
son, other than an individual, during such period of time described in
subsection (a).

      New Sec.  14. No political committee, a major purpose of which is to
expressly advocate the nomination, election or defeat of a clearly identi-
fied candidate for the legislature or to make contributions or expenditures
for the nomination, election or defeat of a clearly identified candidate for
the legislature, shall be established by a member of the legislature.

      Sec.  15. K.S.A. 25-4142 and K.S.A. 1999 Supp. 25-4143, 25-4153a,
46-236, 46-237, 46-237a and 46-269 are hereby repealed.

      Sec.  16. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 20, 2000.
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