HB 2439--
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Session of 1997
HOUSE BILL No. 2439
By Representatives Johnston, Kirk, E. Peterson,
Phelps and Welshimer
2-14
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AN ACT concerning campaign finance; concerning reports filed by treas- urers; amending K.S.A. 25-4148 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 25-4148 is hereby amended to read as follows: 25- 4148. (a) Every treasurer shall file a report prescribed by this section. Reports filed by treasurers for candidates for state office, other than of- ficers elected on a state-wide basis, shall be filed in both the office of the secretary of state and in the office of the county election officer of the county in which the candidate is a resident. Reports filed by treasurers for candidates for state-wide office shall be filed only with the secretary of state. Reports filed by treasurers for candidates for local office shall be filed in the office of the county election officer of the county in which the candidate is a resident. (b) Except as otherwise provided by subsection (h), subsections (f) and (j), all such reports shall be filed in time to be received in the offices required on or before each of the following days: (1) The eighth day preceding the primary election, which report shall be for the period beginning on January 1 of the election year for the office the candidate is seeking and ending 12 days before the primary election, inclusive; (2) the eighth day preceding a general election, which report shall be for the period beginning 11 days before the primary election and ending 12 days before the general election, inclusive; (3) January 10 of the year after an election year, which report shall be for the period beginning 11 days before the general election and end- ing on December 31, inclusive; (4) for any calendar year when no election is held, a report shall be filed on the next January 10 for the preceding calendar year; except that the report filed January 10, 1990, shall include in addition to calendar year 1989 the month of December 1988; (5) a treasurer need only file shall file only the annual report required by subsection (4) paragraph (4) of this subsection for those years when the candidate is not participating in a primary or general election. HB 2439
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 1    (b) (c)  Each report required by this section subsection (b) shall state:
 2    (1)  Cash on hand on the first day of the reporting period;
 3    (2)  the name and address of each person who has made one or more
 4  contributions in an aggregate amount or value in excess of $50 during the
 5  election period together with the amount and date of such contributions,
 6  including the name and address of every lender, guarantor and endorser
 7  when a contribution is in the form of an advance or loan;
 8    (3)  the aggregate amount of all proceeds from bona fide sales of po-
 9  litical materials such as, but not limited to, political campaign pins, but-
10  tons, badges, flags, emblems, hats, banners and literature;
11    (4)  the aggregate amount of contributions for which the name and
12  address of the contributor is not known;
13    (5)  each contribution, rebate, refund or other receipt not otherwise
14  listed;
15    (6)  the total of all receipts;
16    (7)  the name and address of each person to whom expenditures have
17  been made in an aggregate amount or value in excess of $50, with the
18  amount, date, and purpose of each and the names and addresses of all
19  persons to whom any loan or advance has been made; when an expend-
20  iture is made by payment to an advertising agency, public relations firm
21  or political consultants for disbursement to vendors, the report of such
22  expenditure shall show in detail the name of each such vendor and the
23  amount, date and purpose of the payments to each;
24    (8)  the name and address of each person from whom an in-kind con-
25  tribution was received or who has paid for personal services provided
26  without charge to or for any candidate, candidate committee, party com-
27  mittee or political committee, if the contribution is in excess of $50 and
28  is not otherwise reported under subsection (b)(7) paragraph (7) of this
29  subsection, and the amount, date and purpose of the contribution;
30    (9)  the aggregate of all expenditures not otherwise reported under
31  this section; and
32    (10)  the total of expenditures.
33    (c) (d)  Treasurers of candidates and of candidate committees shall be
34  required to itemize, as provided in subsection (b)(2) paragraph (2) of
35  subsection (c), only the purchase of tickets or admissions to testimonial
36  events by a person who purchases such tickets or admissions in an aggre-
37  gate amount or value in excess of $50 per event, or who purchases such
38  a ticket or admission at a cost exceeding $25 per ticket or admission. All
39  other purchases of tickets or admissions to testimonial events shall be
40  reported in an aggregate amount and shall not be subject to the limitations
41  specified in K.S.A. 25-4154, and amendments thereto.
42    (d) (e)  If a contribution or other receipt from a political committee
43  is required to be reported under subsection (b) (c), the report shall in-
HB 2439
                                     
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 1  clude the full name of the organization with which the political committee
 2  is connected or affiliated or, name or description sufficiently describing
 3  the affiliation or, if the committee is not connected or affiliated with any
 4  one organization, the trade, profession or primary interest of contributors
 5  of the political committee.
 6    (f)  In addition to all other reports required by this section, the treas-
 7  urer for each candidate for state office elected on a state-wide basis and
 8  the treasurer for each candidate for election to the Kansas senate and
 9  house of representatives shall file a report within 24 hours following the
10  receipt of any contribution or in-kind contribution or contributions in an
11  aggregate amount or value of $250 or more during the periods beginning
12  on the 11th day before the primary and general elections and ending on
13  the day preceding each such election. Such report shall state the name
14  and address of each person who made any such contribution or in-kind
15  contribution or contributions during such period together with the
16  amount and date of such contributions, including the name and address
17  of every lender, guarantor or endorser when a contribution is in the form
18  of an advance or loan. Such report may be filed by facsimile.
19    (e) (g)  The commission may require any treasurer to file an amended
20  report for any period for which the original report filed by such treasurer
21  contains material errors or omissions, and notice of the errors or omissions
22  shall be part of the public record. The amended report shall be filed
23  within 30 days after notice by the commission.
24    (f) (h)  The commission may require any treasurer to file a report for
25  any period for which the required report is not on file, and notice of the
26  failure to file shall be part of the public record. Such report shall be filed
27  within five days after notice by the commission.
28    (g) (i)  For the purpose of any report required to be filed pursuant to
29  subsection (a) this section by the treasurer of any candidate seeking nom-
30  ination by convention or caucus or by the treasurer of the candidate's
31  committee or by the treasurer of any party committee or political com-
32  mittee of which the primary purpose is supporting or opposing the nom-
33  ination of any such candidate, the date of the convention or caucus shall
34  be considered the date of the primary election.
35    (h) (j)  If a report is sent by certified or registered mail on or before
36  the day it is due, the mailing shall constitute receipt by that office.
37    Sec. 2.  K.S.A. 25-4148 is hereby repealed.
38    Sec. 3.  This act shall take effect and be in force from and after its
39  publication in the statute book.