Session of 1997
SENATE BILL No. 328
By Senators Huelskamp and Steineger
AN ACT concerning campaign finance; relating to banning certain out of
state contributions to state of Kansas candidates for office; establishing
penalties therefor; amending K.S.A. 25-4153, 25-4170 and 25-4171
and K.S.A. 1996 Supp. 25-4143, and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1996 Supp. 25-4143 is hereby amended to read as
follows: 25-4143. As used in the campaign finance act, unless the context
(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
(b) ``Candidate committee'' means a committee appointed by a can-
didate to receive contributions and make expenditures for the candidate.
(c) ``Commission'' means the Kansas commission on governmental
standards and conduct created by K.S.A. 25-4119a and amendments
(d) (1) ``Contribution'' means: (A) 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 state or local office;
(B) a transfer of funds between any two or more candidate commit-
tees, party committees or political committees;
(C) 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) the purchase of tickets or admissions to, or advertisements in
journals or programs for, testimonial events;
1 (E) a mailing of materials designed to influence the nomination or
2 election of a candidate, which is made and paid for by a party committee
3 with the consent of such candidate.
4 (2) ``Contribution'' does not include:
5 (A) The value of volunteer services provided without compensation;
6 (B) costs to a volunteer related to the rendering of volunteer services
7 not exceeding a fair market value of $50 during an allocable election
8 period as provided in K.S.A. 25-4149 and amendments thereto;
9 (C) payment by a candidate or candidate's spouse for personal meals,
10 lodging and travel by personal automobile of the candidate or candidate's
11 spouse while campaigning;
12 (D) the value of goods donated to events such as testimonial events,
13 bake sales, garage sales and auctions by any person not exceeding a fair
14 market value of $50 per event.
15 (e) ``Election'' means: (1) A primary or general election for state or
16 local office and (2) a convention or caucus of a political party held to
17 nominate a candidate for state or local office.
18 (f) (1) ``Expenditure'' means: (A) Any purchase, payment, distribu-
19 tion, loan, advance, deposit or gift of money or any other thing of value
20 made for the purpose of influencing the nomination or election of any
21 individual to state or local office;
22 (B) any contract to make an expenditure;
23 (C) a transfer of funds between any two or more candidate commit-
24 tees, party committees or political committees;
25 (D) payment of a candidate's filing fees.
26 (2) ``Expenditure'' does not include:
27 (A) The value of volunteer services provided without compensation;
28 (B) costs to a volunteer incidental to the rendering of volunteer serv-
29 ices not exceeding a fair market value of $50 during an allocable election
30 period as provided in K.S.A. 25-4149 and amendments thereto;
31 (C) payment by a candidate or candidate's spouse for personal meals,
32 lodging and travel by personal automobile of the candidate or candidate's
33 spouse while campaigning or payment of such costs by the treasurer of a
34 candidate or candidate committee;
35 (D) the value of goods donated to events such as testimonial events,
36 bake sales, garage sales and auctions by any person not exceeding fair
37 market value of $50 per event; or
38 (E) any communication by an incumbent elected state or local officer
39 with one or more individuals unless the primary purpose thereof is to
40 influence the nomination or election of a candidate.
41 (g) ``Foreign national'' means any individual who is not a citizen of
42 the United States and who is not lawfully admitted for permanent resi-
43 dence as defined by 8 U.S.C. 1101(a)(20).
1 (h) ``Foreign person'' means any individual, committee, corporation,
2 partnership, trust, organization or association organized under the laws
3 of any jurisdiction other than this state.
4 (i) ``Individual'' means a human being.
(g)(j) ``Party committee'' means the state committee of a political
6 party regulated by article 3 of chapter 25 of the Kansas Statutes Anno-
7 tated, or the county central committee or the state committee of a political
8 party regulated under article 38 of chapter 25 of the Kansas Statutes
9 Annotated or the bona fide national organization or committee of those
10 political parties regulated by the Kansas Statutes Annotated, or not more
11 than one political committee established by the state committee of any
12 such political party and designated as a recognized political committee
13 for the senate or not more than one political committee established by
14 the state committee of any such political party and designated as a rec-
15 ognized political committee for the house of representatives.
16 (h)(k) ``Person'' means any individual, committee, corporation, part-
17 nership, trust, organization or association.
18 (i)(l) ``Political committee'' means any combination of two or more
19 individuals or any person other than an individual, a major purpose of
20 which is to support or oppose any candidate for state or local office, but
21 not including any candidate committee or party committee.
22 (j)(m) ``Receipt'' means a contribution or any other money or thing
23 of value, but not including volunteer services provided without compen-
24 sation, received by a treasurer in the treasurer's official capacity.
25 (k)(n) ``State office'' means any state office as defined in K.S.A. 25-
26 2505 and amendments thereto.
27 (l)(o) ``Testimonial event'' means an event held for the benefit of an
28 individual who is a candidate to raise funds for such candidate's campaign.
29 Testimonial events include but are not limited to dinners, luncheons,
30 rallies, barbecues and picnics.
31 (m)(p) ``Treasurer'' means a treasurer of a candidate or of a candidate
32 committee, a party committee or a political committee appointed under
33 the campaign finance act or a treasurer of a combination of individuals
34 or a person other than an individual which is subject to paragraph (2) of
35 subsection (a) of K.S.A. 25-4172 and amendments thereto.
36 (n)(q) ``Local office'' means a member of the governing body of a city
37 of the first class, any elected office of a unified school district having
38 35,000 or more pupils regularly enrolled in the preceding school year, a
39 county or of the board of public utilities.
40 Sec. 2. K.S.A. 25-4153 is hereby amended to read as follows: 25-
41 4153. (a) The aggregate amount contributed to a candidate and such
42 candidate's candidate committee and to all party committees and political
43 committees and dedicated to such candidate's campaign, by any political
1 committee or any person organized in the state of Kansas except a party
2 committee, the candidate or the candidate's spouse, shall not exceed the
4 (1) For the pair of offices of governor and lieutenant governor or for
5 other state officers elected from the state as a whole, $2,000 for each
6 primary election (or in lieu thereof a caucus or convention of a political
7 party) and an equal amount for each general election;
8 (2) for the office of member of the house of representatives, district
9 judge, district magistrate judge, district attorney, member of the state
10 board of education or a candidate for local office, $500 for each primary
11 election (or in lieu thereof a caucus or convention of a political party) and
12 an equal amount for each general election.
13 (3) for the office of state senator, $1,000 for each primary election
14 (or in lieu thereof a caucus or convention of a political party) and an equal
15 amount for each general election.
16 (b) For the purposes of this section, the face value of a loan at the
17 end of the period of time allocable to the primary or general election is
18 the amount subject to the limitations of this section. A loan in excess of
19 the limits herein provided may be made during the allocable period if
20 such loan is reduced to the permissible level, when combined with all
21 other contributions from the person making such loan, at the end of such
22 allocable period.
23 (c) For the purposes of this section, all contributions made by une-
24 mancipated children under 18 years of age shall be considered to be
25 contributions made by the parent or parents of such children. The total
26 amount of such contribution shall be attributed to a single custodial par-
27 ent and 50% of such contribution to each of two parents.
28 (d) The aggregate amount contributed to a state party committee by
29 a person other than a national party committee or a political committee
30 shall not exceed $15,000 in each calendar year; and the aggregate amount
31 contributed to any other party committee by a person other than a na-
32 tional party committee or a political committee shall not exceed $5,000
33 in each calendar year.
34 The aggregate amount contributed by a national party committee to a
35 state party committee shall not exceed $25,000 in any calendar year, and
36 the aggregate amount contributed to any other party committee by a
37 national party committee shall not exceed $10,000 in any calendar year
38 except that no candidate for state or local office or that candidate's com-
39 mittee shall accept contributions from a person, party committee or po-
40 litical committee organized outside the state of Kansas.
41 The aggregate amount contributed to a party committee by a political
42 committee shall not exceed $5,000 in any calendar year.
43 (e) Any political funds which have been collected and were not sub-
1 ject to the reporting requirements of this act shall be deemed a person
2 subject to these contribution limitations.
3 (f) Any political funds which have been collected and were subject to
4 the reporting requirements of the campaign finance act shall not be used
5 in or for the campaign of a candidate for a federal elective office.
6 (g) The amount contributed by each individual party committee of
7 the same political party other than a national party committee to any
8 candidate for office, for any primary election at which two or more can-
9 didates are seeking the nomination of such party shall not exceed the
11 (1) For the pair of offices of governor and lieutenant governor and
12 for each of the other state officers elected from the state as a whole,
13 $2,000 for each primary election (or in lieu thereof a caucus or convention
14 of a political party);
15 (2) for the office of member of the house of representatives, district
16 judge, district magistrate judge, district attorney, member of the state
17 board of education or a candidate for local office, $500 for each primary
18 election (or in lieu thereof a caucus or convention of a political party).
19 (3) for the office of state senator, $1,000 for each primary election
20 (or in lieu thereof a caucus or convention of a political party).
21 (h) When a candidate for a specific cycle does not run for office, the
22 contribution limitations of this section shall apply as though the individual
23 had sought office.
24 (i) No person shall make any contribution or contributions to any
25 candidate or the candidate committee of any candidate in the form of
26 money or currency of the United States which in the aggregate exceeds
27 $100 for any one primary or general election, and no candidate or can-
28 didate committee of any candidate shall accept any contribution or con-
29 tributions in the form of money or currency of the United States which
30 in the aggregate exceeds $100 from any one person for any one primary
31 or general election.
32 New Sec. 3. (a) Notwithstanding other provisions of this act, it shall
33 be unlawful for a foreign: National, person, labor union or political com-
34 mittee organized outside of the jurisdiction of this state to directly or
35 indirectly make a contribution of money or other item of value over $1
36 or make a promise expressly or impliedly to make a contribution in con-
37 nection with:
38 (1) Any state level election, convention or caucus held to select can-
39 didates for any political office in the state of Kansas; or
40 (2) a political candidate campaigning to represent constituents in the
41 state of Kansas at the state or local office.
42 A foreign individual who is related by blood, marriage or adoption to
43 a state of Kansas candidate for office shall not be prohibited from con-
1 tributing to the candidate's political committee.
2 (b) It shall be unlawful for a person to solicit, accept or receive a
3 contribution on behalf of a candidate or candidate committee from a
4 foreign person, national or entity as set out in subsection (a).
5 Sec. 4. K.S.A. 25-4170 is hereby amended to read as follows: 25-
6 4170. Excessive campaign contribution is: (a) Intentionally making any
7 contribution in violation of any provision of K.S.A. 25-4153 or section 3
8 of this act and amendments thereto, or
9 (b) intentionally accepting any contribution made in violation of any
10 provision of K.S.A. 25-4153 or section 3 of this act and amendments
12 Excessive campaign contribution is a class A misdemeanor.
13 Sec. 5. K.S.A. 25-4171 is hereby amended to read as follows: 25-
15 (a) Intentional violation of any provision of K.S.A. 25-4144, 25-4145,
16 25-4146, 25-4147, 25-4151, 25-4154, section 3 of this act or 25-4165 and
17 amendments thereto, or K.S.A. 25-4157a, or the confidentiality provision
18 of K.S.A. 25-4161 and amendments thereto, is a class A misdemeanor.
19 (b) In addition to any penalty imposed under subsection (a) of this
20 section, any member of the commission convicted of violating the confi-
21 dentiality provisions of K.S.A. 25-4161 and amendments thereto shall be
22 removed from membership on the commission and any employee of the
23 commission convicted of violating the confidentiality provisions of such
24 section shall be discharged from employment by the commission. No
25 member or employee of the commission convicted of violating the con-
26 fidentiality provisions of K.S.A. 25-4161 and amendments thereto, shall
27 be permitted to enter into any contract with or be employed by the state
28 of Kansas or any agency or political or taxing subdivision thereof within
29 five years next following the date of such conviction.
30 Sec. 6. K.S.A. 25-4153, 25-4170 and 25-4171 and K.S.A. 1996 Supp.
31 25-4143 are hereby repealed.
32 Sec. 7. This act shall take effect and be in force from and after its
33 publication in the statute book.