Session of 1997
SENATE BILL No. 341
By Senators Hensley, Barone, Biggs, Feleciano, Gilstrap,
Goodwin, Karr, Petty and Steineger
9 AN ACT concerning elections; relating to campaign finance; relating to
10 the commission on governmental standards and conduct; relating to
11 certain reports; amending K.S.A. 25-4119a, 25-4148, 25-4158 and 46-
12 253 and K.S.A. 1996 Supp. 25-4143 and 25-4157a and repealing the
13 existing sections.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 25-4119a is hereby amended to read as follows: 25-
17 4119a. (a) There is hereby created the Kansas governmental ethics com-
on governmental standards and conduct. The commission shall
19 consist of nine members of whom two shall be appointed by the governor,
20 one by the president of the senate, one by the speaker of the house of
21 representatives, one by the minority leader of the house of representa-
22 tives, one by the minority leader of the senate, one by the chief justice
23 of the supreme court, one by the attorney general and one by the sec-
24 retary of state. The terms of such members shall be as follows: The mem-
25 ber appointed by the governor serving on the effective date of this act
26 and the members appointed by the speaker of the house of representa-
27 tives and the president of the senate shall serve until January 31, 1991;
28 the additional member appointed by the governor and the members ap-
29 pointed by the attorney general and the secretary of state shall serve until
30 January 31, 1992; the members appointed by the minority leader of the
31 house of representatives and by the minority leader of the senate shall
32 serve until January 31, 1993; and the member appointed by the chief
33 justice of the supreme court shall serve until January 31, 1994. Not more
34 than five members of the commission shall be members of the same
35 political party and the two members appointed by the governor shall not
36 be members of the same political party.
37 (b) The terms of all subsequently appointed members shall be two
38 years commencing on February 1 of the appropriate years. Vacancies
39 occurring on the commission shall be filled for the unexpired term by the
40 same appointing officer as made the original appointment. Members shall
41 serve until their successors are appointed and qualified. The governor
42 shall designate one of the members appointed by the governor to be the
1 chairperson of the commission. A majority vote of five members of the
2 commission shall be required for any action of the commission. The com-
3 mission may adopt rules to govern its proceedings and may provide for
4 such officers other than the chairperson as it may determine. The com-
5 mission shall meet at least once each quarter, and also shall meet on call
6 of its chairperson or any four members of the commission. Members of
7 the commission attending meetings of such commission, or attending a
8 subcommittee meeting thereof authorized by such commission, shall be
9 paid compensation, subsistence allowances, mileage and other expenses
10 as provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223, and
11 amendments thereto. The commission shall appoint an executive director
12 who shall be in the unclassified service and receive compensation fixed
13 by the commission, in accordance with appropriation acts of the legisla-
14 ture, subject to approval by the governor. The commission may employ
15 such other staff and attorneys as it determines, within amounts appro-
16 priated to the commission, all of whom shall be in the unclassified service
17 and shall receive compensation fixed by the commission and not subject
18 to approval by the governor.
19 (c) The commission may adopt rules and regulations for the admin-
20 istration of the campaign finance act. Subject to K.S.A. 25-4178, and
21 amendments thereto, rules and regulations adopted by the commission
22 created prior to this act shall continue in force and effect and shall be
23 deemed to be the rules and regulations of the commission created by this
24 section of this enactment, until revised, amended, sealed or nullified pur-
25 suant to law. All rules and regulations of the commission shall be subject
26 to the provisions of article 4 of chapter 77 of Kansas Statutes Annotated.
27 The commission shall continue to administer all of the acts administered
28 by the commission to which it is successor.
29 (d) The commission may provide copies of opinions, informational
30 materials compiled and published by the commission and public records
31 filed in the office of the commission to persons requesting the same and
32 may adopt rules and regulations fixing reasonable fees therefor. All fees
33 collected by the commission under the provisions of this subsection shall
34 be paid to the state treasurer who shall deposit the same in the state
35 treasury to the credit of the Kansas commission on governmental stan-
36 dards and conduct fee fund.
37 (e) The commission shall submit an annual report and recommen-
38 dations in relation to all acts administered by the commission to the gov-
39 ernor and to the legislative coordinating council on or before December
40 1 of each year. The legislative coordinating council shall transmit such
41 report and recommendations to the legislature.
42 (f) On July 1, 1997, the Kansas commission on governmental stan-
43 dards and conduct is hereby officially redesignated as the Kansas govern-
1 mental ethics commission. On and after July 1, 1997, whenever the
2 disclosure commission Kansas commission on governmental standards
3 and conduct, or words of like effect, is referred to or designated by a
4 statute, contract or other document, such reference or designation shall
5 be deemed to apply to the Kansas governmental ethics commission on
6 governmental standards and conduct created by this section. Nothing in
7 this act shall be construed as abolishing and reestablishing the commis-
9 Sec. 2. K.S.A. 1996 Supp. 25-4143 is hereby amended to read as
10 follows: 25-4143. As used in the campaign finance act, unless the context
11 otherwise requires:
12 (a) ``Candidate'' means an individual who: (1) Appoints a treasurer or
13 a candidate committee,
14 (2) makes a public announcement of intention to seek nomination or
15 election to state or local office,
16 (3) makes any expenditure or accepts any contribution for the pur-
17 pose of influencing such person's nomination or election to any state or
18 local office, or
19 (4) files a declaration or petition to become a candidate for state or
20 local office.
21 (b) ``Candidate committee'' means a committee appointed by a can-
22 didate to receive contributions and make expenditures for the candidate.
23 (c) ``Commission'' means the Kansas governmental ethics commission
24 on governmental standards and conduct created by K.S.A. 25-4119a and
25 amendments thereto.
26 (d) (1) ``Contribution'' means: (A) Any advance, conveyance, deposit,
27 distribution, gift, loan or payment of money or any other thing of value
28 made for the purpose of influencing the nomination or election of any
29 individual to state or local office;
30 (B) a transfer of funds between any two or more candidate commit-
31 tees, party committees or political committees;
32 (C) the payment, by any person other than a candidate, candidate
33 committee, party committee or political committee, of compensation to
34 an individual for the personal services rendered without charge to or for
35 a candidate's campaign or to or for any such committee;
36 (D) the purchase of tickets or admissions to, or advertisements in
37 journals or programs for, testimonial events;
38 (E) a mailing of materials designed to influence the nomination or
39 election of a candidate, which is made and paid for by a party committee
40 with the consent of such candidate.
41 (2) ``Contribution'' does not include:
42 (A) The value of volunteer services provided without compensation;
43 (B) costs to a volunteer related to the rendering of volunteer services
1 not exceeding a fair market value of $50 during an allocable election
2 period as provided in K.S.A. 25-4149 and amendments thereto;
3 (C) payment by a candidate or candidate's spouse for personal meals,
4 lodging and travel by personal automobile of the candidate or candidate's
5 spouse while campaigning;
6 (D) the value of goods donated to events such as testimonial events,
7 bake sales, garage sales and auctions by any person not exceeding a fair
8 market value of $50 per event.
9 (e) ``Election'' means: (1) A primary or general election for state or
10 local office and (2) a convention or caucus of a political party held to
11 nominate a candidate for state or local office.
12 (f) (1) ``Expenditure'' means: (A) Any purchase, payment, distribu-
13 tion, loan, advance, deposit or gift of money or any other thing of value
14 made for the purpose of influencing the nomination or election of any
15 individual to state or local office;
16 (B) any contract to make an expenditure;
17 (C) a transfer of funds between any two or more candidate commit-
18 tees, party committees or political committees;
19 (D) payment of a candidate's filing fees.
20 (2) ``Expenditure'' does not include:
21 (A) The value of volunteer services provided without compensation;
22 (B) costs to a volunteer incidental to the rendering of volunteer serv-
23 ices not exceeding a fair market value of $50 during an allocable election
24 period as provided in K.S.A. 25-4149 and amendments thereto;
25 (C) payment by a candidate or candidate's spouse for personal meals,
26 lodging and travel by personal automobile of the candidate or candidate's
27 spouse while campaigning or payment of such costs by the treasurer of a
28 candidate or candidate committee;
29 (D) the value of goods donated to events such as testimonial events,
30 bake sales, garage sales and auctions by any person not exceeding fair
31 market value of $50 per event; or
32 (E) any communication by an incumbent elected state or local officer
33 with one or more individuals unless the primary purpose thereof is to
34 influence the nomination or election of a candidate.
35 (g) ``Party committee'' means the state committee of a political party
36 regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, or
37 the county central committee or the state committee of a political party
38 regulated under article 38 of chapter 25 of the Kansas Statutes Annotated
39 or the bona fide national organization or committee of those political
40 parties regulated by the Kansas Statutes Annotated, or not more than one
41 political committee established by the state committee of any such polit-
42 ical party and designated as a recognized political committee for the sen-
43 ate or not more than one political committee established by the state
1 committee of any such political party and designated as a recognized
2 political committee for the house of representatives.
3 (h) ``Person'' means any individual, committee, corporation, partner-
4 ship, trust, organization or association.
5 (i) ``Political committee'' means any combination of two or more in-
6 dividuals or any person other than an individual, a major purpose of which
7 is to support or oppose any candidate for state or local office, but not
8 including any candidate committee or party committee.
9 (j) ``Receipt'' means a contribution or any other money or thing of
10 value, but not including volunteer services provided without compensa-
11 tion, received by a treasurer in the treasurer's official capacity.
12 (k) ``State office'' means any state office as defined in K.S.A. 25-2505
13 and amendments thereto.
14 (l) ``Testimonial event'' means an event held for the benefit of an
15 individual who is a candidate to raise funds for such candidate's campaign.
16 Testimonial events include but are not limited to dinners, luncheons,
17 rallies, barbecues and picnics.
18 (m) ``Treasurer'' means a treasurer of a candidate or of a candidate
19 committee, a party committee or a political committee appointed under
20 the campaign finance act or a treasurer of a combination of individuals
21 or a person other than an individual which is subject to paragraph (2) of
22 subsection (a) of K.S.A. 25-4172 and amendments thereto.
23 (n) ``Local office'' means a member of the governing body of a city
24 of the first class, any elected office of a unified school district having
25 35,000 or more pupils regularly enrolled in the preceding school year, a
26 county or of the board of public utilities.
27 Sec. 3. K.S.A. 25-4148 is hereby amended to read as follows: 25-
28 4148. (a) Every treasurer shall file
a report reports prescribed by this
29 section. Reports filed by treasurers for candidates for state office, other
30 than officers elected on a state-wide basis, shall be filed in both the office
31 of the secretary of state and in the office of the county election officer of
32 the county in which the candidate is a resident. Reports filed by treasurers
33 for candidates for state-wide office shall be filed only with the secretary
34 of state. Reports filed by treasurers for candidates for local office shall be
35 filed in the office of the county election officer of the county in which
36 the candidate is a resident.
37 (b) Except as otherwise provided by subsection (h) subsections (i) and
38 (j), all such reports shall be filed in time to be received in the offices
39 required on or before each of the following days:
40 (1) The eighth day preceding the primary election, which report shall
41 be for the period beginning on January 1 of the election year for the office
42 the candidate is seeking and ending 12 days before the primary election,
1 (2) the eighth day preceding a general election, which report shall be
2 for the period beginning 11 days before the primary election and ending
3 12 days before the general election, inclusive;
4 (3) January 10 of the year after an election year, which report shall
5 be for the period beginning 11 days before the general election and end-
6 ing on December 31, inclusive;
7 (4) for any calendar year when no election is held, a report shall be
8 filed on the next January 10 for the preceding calendar year;
9 the report filed January 10, 1990, shall include in addition to calendar
10 year 1989 the month of December 1988;
11 (5) a treasurer need only file the annual report required by subsection
12 subpart (4) for those years when the candidate is not participating in a
13 primary or general election.
14 (b) (c) Each report required by subsection (b) of this section shall
16 (1) Cash on hand on the first day of the reporting period;
17 (2) the name and address of each person who has made one or more
18 contributions in an aggregate amount or value in excess of $50 during the
19 election period together with the amount and date of such contributions,
20 including the name and address of every lender, guarantor and endorser
21 when a contribution is in the form of an advance or loan;
22 (3) the aggregate amount of all proceeds from bona fide sales of po-
23 litical materials such as, but not limited to, political campaign pins, but-
24 tons, badges, flags, emblems, hats, banners and literature;
25 (4) the aggregate amount of contributions for which the name and
26 address of the contributor is not known;
27 (5) each contribution, rebate, refund or other receipt not otherwise
29 (6) the total of all receipts;
30 (7) the name and address of each person to whom expenditures have
31 been made in an aggregate amount or value in excess of $50, with the
32 amount, date, and purpose of each and the names and addresses of all
33 persons to whom any loan or advance has been made; when an expend-
34 iture is made by payment to an advertising agency, public relations firm
35 or political consultants for disbursement to vendors, the report of such
36 expenditure shall show in detail the name of each such vendor and the
37 amount, date and purpose of the payments to each;
38 (8) the name and address of each person from whom an in-kind con-
39 tribution was received or who has paid for personal services provided
40 without charge to or for any candidate, candidate committee, party com-
41 mittee or political committee, if the contribution is in excess of $50 and
42 is not otherwise reported under subpart (7) of this subsection (b)(7), and
43 the amount, date and purpose of the contribution;
1 (9) the aggregate of all expenditures not otherwise reported under
2 this section; and
3 (10) the total of expenditures.
(c) (d) Treasurers of candidates and of candidate committees shall be
5 required to itemize, as provided in subpart (2) of subsection (b)(2) (c),
6 only the purchase of tickets or admissions to testimonial events by a per-
7 son who purchases such tickets or admissions in an aggregate amount or
8 value in excess of $50 per event, or who purchases such a ticket or ad-
9 mission at a cost exceeding $25 per ticket or admission. All other pur-
10 chases of tickets or admissions to testimonial events shall be reported in
11 an aggregate amount and shall not be subject to the limitations specified
12 in K.S.A. 25-4154 and amendments thereto.
13 (d) (e) If a contribution or other receipt from a political committee
14 is required to be reported under subsection (b) (c), the report shall in-
15 clude the full name of the organization with which the political committee
16 is connected or affiliated or, name or description sufficiently describing
17 the affiliation or, if the committee is not connected or affiliated with any
18 one organization, the trade, profession or primary interest of contributors
19 of the political committee.
20 (e) (f) The commission may require any treasurer to file an amended
21 report for any period for which the original report filed by such treasurer
22 contains material errors or omissions, and notice of the errors or omissions
23 shall be part of the public record. The amended report shall be filed
24 within 30 days after notice by the commission.
25 (f) (g) The commission may require any treasurer to file a report for
26 any period for which the required report is not on file, and notice of the
27 failure to file shall be part of the public record. Such report shall be filed
28 within five days after notice by the commission.
29 (g) (h) For the purpose of any report required to be filed pursuant
30 to subsection (a) this section by the treasurer of any candidate seeking
31 nomination by convention or caucus or by the treasurer of the candidate's
32 committee or by the treasurer of any party committee or political com-
33 mittee of which the primary purpose is supporting or opposing the nom-
34 ination of any such candidate, the date of the convention or caucus shall
35 be considered the date of the primary election.
36 (h) (i) If a report is sent by certified or registered mail on or before
37 the day it is due, the mailing shall constitute receipt by that office.
38 (j) In addition to all other reports required by this section the treas-
39 urer for each candidate for state office elected on a statewide basis and
40 the treasurer for each candidate for election to the Kansas senate and
41 house of representatives shall file a report within 24 hours following the
42 receipt of any contribution or in-kind contribution or contributions in an
43 aggregate amount or value of $250 or more during the periods beginning
1 on the 11th day before the primary and general elections and ending on
2 the day preceding each such election. Such report shall state the name
3 and address of each person who made any such contribution or in-kind
4 contribution or contributions during such period together with the
5 amount and date of such contributions, including the name and address
6 of every lender, guarantor or endorser when a contribution is in the form
7 of an advance or loan. Such report may be filed by facsimile.
8 Sec. 4. K.S.A. 1996 Supp. 25-4157a is hereby amended to read as
9 follows: 25-4157a. (a) No moneys received by any candidate or candi-
10 date committee of any candidate as a contribution under this act shall be
11 used or be made available for the personal use of the candidate and no
12 such moneys shall be used by such candidate or the candidate committee
13 of such candidate except for legitimate campaign purposes, for expenses
14 of holding political office or for contributions to the party committees of
15 the political party of which such candidate is a member.
16 For the purpose of this subsection, expenditures for ``personal use''
17 shall include expenditures to defray normal living expenses for the can-
18 didate or the candidate's family and expenditures for the personal benefit
19 of the candidate having no direct connection with or effect upon the
20 campaign of the candidate or the holding of public office.
21 (b) No candidate or candidate committee shall accept from any other
22 candidate or candidate committee for any candidate for local, state or
23 national office, any moneys received by such candidate or candidate com-
24 mittee as a campaign contribution. The provisions of this subsection shall
25 not be construed to prohibit a candidate or candidate committee from
26 accepting moneys from another candidate or candidate committee if such
27 moneys constitute a reimbursement for one candidate's proportional
28 share of the cost of any campaign activity participated in by both candi-
29 dates involved. Such reimbursement shall not exceed an amount equal to
30 the proportional share of the cost directly benefiting and attributable to
31 the personal campaign of the candidate making such reimbursement.
32 (c) At the time of the termination of any campaign and prior to the
33 filing of a termination report in accordance with K.S.A. 25-4157, and
34 amendments thereto, all residual funds not otherwise obligated for the
35 payment of expenses incurred in such campaign or the holding of office
36 shall be contributed to a charitable organization, as defined by the laws
37 of the state, contributed to a party committee or returned as a refund in
38 whole or in part to any contributor or contributors from whom received
39 or paid into the general fund of the state.
40 (d) (1) No candidate shall make any expenditure from moneys re-
41 ceived by such candidate or the candidate committee of such candidate
42 as a contribution under this act, in excess of the aggregate of all contri-
43 butions allocated to that particular election in accordance with K.S.A. 25-
1 4149, and amendments thereto.
2 (2) For the purposes of this subsection, the cost-in-kind contributions
3 and mailings by special interest groups shall be considered to be expend-
4 itures within the limitations prescribed.
5 (3) Any candidate making expenditures in excess of the limitations
6 prescribed by this subsection shall be subject to a civil penalty in an
7 amount equal to twice the amount of the expenditure in excess of such
8 limitation. All civil penalties assessed and collected under this section shall
9 be remitted promptly to the state treasurer. Upon receipt thereof, the state
10 treasurer shall deposit the entire amount in the state treasury and credit
11 it to the Kansas commission on governmental standards and conduct fee
13 Sec. 5. K.S.A. 46-253 is hereby amended to read as follows: 46-253.
14 ``Commission'' as used in K.S.A. 46-215 to 46-280, inclusive, and any
15 amendments thereto, and K.S.A. 46-248a means the Kansas governmental
16 ethics commission
on governmental standards and conduct created by
17 K.S.A. 25-4119a, and amendments thereto. The commission may adopt
18 rules and regulations for the administration of the provisions of K.S.A.
19 46-215 to 46-280, and amendments thereto, and K.S.A. 46-248a, and
20 amendments thereto. Any such rules and regulations adopted by the Kan-
21 sas public disclosure commission shall continue in force and effect and
22 shall be deemed to be the rules and regulations of the commission created
23 by K.S.A. 25-4119a, and amendments thereto, until revised, amended,
24 repealed or nullified pursuant to law. All rules and regulations of the
25 commission shall be subject to the provisions of article 4 of chapter 77 of
26 Kansas Statutes Annotated.
27 Sec. 6. K.S.A. 25-4158 is hereby amended to read as follows: 25-
28 4158. (a) The secretary of state shall: (1) Furnish forms prescribed and
29 provided by the commission for making reports and statements required
30 to be filed in the office of the secretary of state by the campaign finance
31 act; and
32 (2) make such reports and statements available for public inspection
33 and copying during regular office hours.
34 (b) The county election officer shall: (1) Furnish forms prescribed
35 and provided by the commission for making reports and statements re-
36 quired to be filed in the office of the county election officer by the cam-
37 paign finance act; and
38 (2) make such reports and statements available for public inspection
39 and copying during regular office hours.
40 (c) The commission may investigate, or cause to be investigated, any
41 matter required to be reported upon by any person under the provisions
42 of the campaign finance act, or any matter to which the campaign finance
43 act applies irrespective of whether a complaint has been filed in relation
2 (d) (1) For the purpose of any investigation or proceeding under this
3 act, the commission or any officer designated by the commission may,
4 after having complied with the requirements of part (2) of this subsection,
5 administer oaths and affirmations, subpoena witnesses, compel their at-
6 tendance, take evidence, and require the production of any books, papers,
7 correspondence, memoranda, agreements, or other documents or records
8 which the commission deems relevant or material to the inquiry. The
9 commission shall reimburse the reasonable costs of production of docu-
10 ments subject to subpoena. All subpoenas issued under this section shall
11 be authorized by the affirmative vote of not less than 3/4 of the members
12 of the commission.
13 (2) If the commission finds there is reasonable suspicion that a vio-
14 lation of the act has occurred,
the commission shall communicate, by a
15 signed writing specifically stating such alleged violations, with the persons
16 being investigated and allow them 30 days to respond. After reviewing
17 the information from such respondent, and a determination is made that
18 further investigation is required, the commission may issue a subpoena
19 by a 3/4 vote of the commission members. Subpoenas duces tecum shall
20 be limited to items reasonably relevant to such alleged violations.
21 (3) In case of contumacy by, or refusal to obey a subpoena issued to
22 any person, the district court of Shawnee county, upon application by the
23 commission, or any officer designated by the commission, may issue to
24 that person an order requiring the person to appear before the commis-
25 sion or any officer designated by the commission, there to produce doc-
26 umentary evidence if so ordered or to give evidence touching the matter
27 under investigation or in question. Any failure to obey the order of the
28 court may be punished by the court as a contempt of court.
29 (4) No person is excused from attending or testifying or from pro-
30 ducing any document or record before the commission, or obedience to
31 the subpoena of the commission or any officer designated by the com-
32 mission, or in any proceeding instituted by the commission, on the ground
33 that the testimony or evidence (documentary or otherwise) required of
34 the person may tend to incriminate the person or subject the person to
35 a penalty or forfeiture. No individual may be prosecuted or subjected to
36 any penalty or forfeiture for or on account of any transaction, matter or
37 thing concerning which such person is compelled, after claiming privilege
38 against self-incrimination, to testify or produce evidence (documentary
39 or otherwise), except that the individual so testifying shall not be exempt
40 from prosecution and punishment for perjury committed in so testifying.
41 Sec. 7. K.S.A. 25-4119a, 25-4148, 25-4158 and 46-253 and K.S.A.
42 1996 Supp. 25-4143 and 25-4157a are hereby repealed.
1 Sec. 8. This act shall take effect and be in force from and after its
2 publication in the statute book.