SESSION OF 1999

SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE

FOR HOUSE BILL NO. 2228

As Amended by Senate Committee of the Whole

Senate Sub. for H.B. 2228 would amend the Campaign Finance Act and create the Voluntary Political Contributions Act of 1999.

The substitute bill would:

Prohibit all unified school districts from using public funds, vehicles, machinery, equipment, supplies, or other property to expressly advocate the nomination, election, or defeat of any candidate for any state or local office. The prohibition would not apply to the use of property of any governmental agency regarding the holding of public forums, debates, or events to which all candidates have equal access.

Current law covers employees and officers of the state, unified school districts having 35,000 or more pupils, cities of the first class, and the Kansas City Board of Public Utilities. Violation of the provisions of the current law are a class C misdemeanor.

Include in the definition of "express advocacy" any communications that in context would expressly advocate for the support or opposition of the nomination, election, or defeat of a specific candidate.

Change the crime of corrupt political advertising as it applies to individuals by lowering the expenditure threshold to $1,000 from the current $2,500 which triggers the requirement that the name of an individual responsible for publication be printed on a flier or brochure.

Make corrupt political advertising by any individual, trust, committee, corporation, partnership, organization, or association within 60 days of an election a class C misdemeanor. Corrupt political advertising by candidates, candidate committees, or party committees at any time would continue to be a class C misdemeanor.

Remove candidate committees and party committees from the definition of political committee (PAC). Party and candidate committees were not included in the PAC definition prior to the 1998 amendment of the campaign finance law.

Finally, the substitute bill would prohibit all state and local government employers in Kansas from deducting any portion of an employee's salary for contributions to political committees except upon written consent from the employees. The substitute bill would require the Kansas Governmental Ethics Commission to prescribe the employee consent form that would contain language informing employees that they may choose not to make a request for salary deduction or that they may opt not to return the form to the employer. Renewal of the form would be required every 12 months.

Background

The Senate Committee on Elections and Local Government deleted the provisions in H.B. 2228 and inserted the provisions contained in S.B. 283 and S.B. 288.

The Senate Committee of the Whole added provisions as they apply to the definition of "express advocacy" and PACs. The Committee also changed the expenditure threshold which would trigger disclosure requirements on political advertisements and added a penalty for corrupt political advertising within a certain period of time before an election.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.