CHAPTER 159
SENATE BILL No. 218
An Act concerning campaign finance; relating to district
party committees;
amending K.S.A. 25-4143 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 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:
(1) ``Vote for the secretary of
state'';
(2) ``re-elect your senator'';
(3) ``support the democratic
nominee'';
(4) ``cast your ballot for the republican
challenger for governor'';
(5) ``Smith for senate'';
(6) ``Bob Jones in '98'';
(7) ``vote against Old Hickory'';
(8) ``defeat'' accompanied by a picture
of one or more candidates; or
(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, and amendments
thereto;
(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, and amendments thereto;
(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.; or
(6) not more than one political
committee per congressional district
established by the state committee of a political party
regulated under
article 38 of chapter 25 of the Kansas Statutes Annotated, and
amend-
ments thereto, and designated as a congressional district party
committee.
(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. 2. K.S.A. 25-4143 is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 9, 2001.
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