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14  AN ACT concerning [elections; relating to] campaign finance; relating
15    to political advertising; amending K.S.A. [25-4150 and] 25-4156 and
16    [K.S.A. 1996 Supp. 25-4152 and] repealing the existing section
17    [sections].
18
19  Be it enacted by the Legislature of the State of Kansas:
20    Section 1.  K.S.A. 25-4156 is hereby amended to read as follows: 25-
21  4156. (a) (1) Whenever any person sells space in any newspaper, maga-
22  zine or other periodical to a candidate or to a candidate committee, party
23  committee or political committee, the charge made for the use of such
24  space shall not exceed the charges made for comparable use of such space
25  for other purposes.
26    (2)  Intentionally charging an excessive amount for political advertis-
27  ing is a class A misdemeanor.
28    (b) (1)  Corrupt political advertising of a state or local office is:
29    (A)  Publishing or causing to be published in a newspaper or other
30  periodical any paid matter which is designed or tends to aid, injure or
31  defeat any candidate for nomination or election to a state or local office,
32  unless such matter is followed by the word ``advertisement'' or the ab-
33  breviation ``adv.'' in a separate line together with the name of the chair-
34  person [or treasurer] of the political or other organization inserting the
35  same or sponsoring the same and the name of the person individual
36  who is responsible therefor and the city and state of residence of such
37  individual or the city and state in which the primary office of such
38  organization is located;
39    (B)  publishing or causing to be published any brochure, flier or
40  other political fact sheet which is designed or tends to aid, injure
41  or defeat any candidate for nomination or election to a state or local
42  office, unless such matter is followed by the name of the chairperson
43  [or treasurer] of the political or other organization sponsoring the
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 1  same and the name of the individual who is responsible therefor
 2  and the city and state of residence of such individual or the city
 3  and state in which the primary office of such organization is lo-
 4  cated; or
 5    (B)  or (C) broadcasting or causing to be broadcast by any radio or
 6  television station any paid matter which is designed or tends to aid, injure
 7  or defeat any candidate for nomination or election to a state or local office,
 8  unless such matter is followed by a statement that the preceding was an
 9  advertisement together with the name of the chairperson of the political
10  or other organization and the name of the individual sponsoring the
11  same [and] or the name of the person individual who is responsible
12  therefor and the city and state of residence of such individual or
13  the city and state in which the primary office of such organization
14  is located.
15    (2)  The provisions of this subsection requiring the disclosure of the
16  name of an individual shall apply only not apply to individuals making
17  expenditures in an aggregate amount of $100 or more less than $100
18  within a calendar year.
19    (2) (3)  Corrupt political advertising of a state or local office is a class
20  C misdemeanor.
21    (c) (1)  Unfair political advertising involving a state office is the
22  use of a candidate's voting record, on any legislative measure
23  which involved more than one material issue in such legislative
24  measure, in any paid political advertising without including in such
25  political advertising, a statement that other issues were included
26  in the legislative measure which are not addressed in the adver-
27  tisement.
28    (2)  Unfair political advertising involving a state officer is a class
29  C misdemeanor.
30    (d)  It shall be a defense to a prosecution or imposition of a civil
31  fine under this section if the defendant has secured a written cer-
32  tification from the person responsible for the advertising that such
33  person has included the information required by this section in
34  such advertisement.
35    [Sec. 2.  K.S.A. 25-4150 is hereby amended to read as follows:
36  25-4150.
37    [(a)  Except as specifically provided by this section, the words and
38  phrases used in this section shall have the same meaning ascribed thereto
39  by K.S.A. 25-4143, and amendments thereto.
40    [(b)  When used in this section:
41    [(1)  ``Person'' means a person as defined by K.S.A. 25-4143, and
42  amendments thereto, who makes expenditures in an aggregate amount of
43  $100 or more within a calendar year.
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 1    [(2)  ``Expenditure'' means:
 2    [(A)  Any purchase, payment, distribution, loan, advance, deposit or
 3  gift of money or any other thing of value made for the purpose of:
 4    [(i)  Directly or indirectly influencing the nomination or election of
 5  any candidate; or (ii) providing information which has the effect of di-
 6  rectly or indirectly influencing the nomination or election of any candi-
 7  date; or (iii) influencing the outcome of any election;
 8    [(B)  any contract to make an expenditure;
 9    [(C)  a transfer of funds between any two or more candidate commit-
10  tees, party committees or political committees; and
11    [(D)  payment of a candidate's filing fees.
12    [(3)  ``Expenditure'' does not include:
13    [(A)  The value of volunteer services provided without compensation;
14    [(B)  costs to a volunteer incidental to the rendering of volunteer serv-
15  ices not exceeding a fair market value of $50 during an allocable election
16  period as provided in K.S.A. 25-4149 and amendments thereto;
17    [(C)  payment by a candidate or candidate's spouse for personal
18  meals, lodging and travel by personal automobile of the candidate or can-
19  didate's spouse while campaigning or payment of such costs by the trea-
20  [chsurer of a candidate or candidate committee;
21    [(D)  the value of goods donated to events such as testimonial events,
22  bake sales, garage sales and auctions by any person not exceeding fair
23  market value of $50 per event;
24    [(E)  any communication by an incumbent elected state or local officer
25  with one or more individuals unless the primary purpose thereof is to
26  directly or indirectly influence the nomination or election of any candidate
27  or providing information which has the effect of directly or indirectly
28  influencing the nomination or election of any candidate;
29    [(F)  any direct communication by an organization with affiliated or
30  connected organizations or direct communications by an organization
31  with individual members of affiliated or connected organizations;
32    (F)  costs associated with internal organizational communica-
33  tions of business, labor, professional or other associations;
34    [(G)  costs associated with any news story, commentary or editorial
35  distributed in the ordinary course of business by a broadcasting station,
36  newspaper, other periodical publication or by internet communication; or
37    [(H)  costs associated with nonpartisan activities designed to encour-
38  age individuals to register to vote or to vote.
39    [(c)  Prior to making an expenditure, any person who is not subject to
40  the provisions of K.S.A. 25-4144, 25-4145, or 25-4172, and amendments
41  thereto, shall make and file a statement of intent of expenditure. For the
42  purposes of this subsection person shall not include persons who make
43  contributions to a candidate or candidate committee. Such statement shall
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 1  be filed in the office of the secretary of state. If the expenditure is to
 2  support or oppose any candidate for local office, such statement shall be
 3  filed in the office of the county clerk of the county in which such person
 4  is on the ballot. Every statement of intent shall include:
 5    [(1)  The name and address of the person;
 6    [(2)  the name and address of the chairperson of the organization, if
 7  the person is not an individual; and
 8    [(3)  the full name and address of any organization with which the
 9  person is connected or affiliated or, name or description sufficiently de-
10  scribing the affiliation or, if the person is not connected or affiliated with
11  any one organization, the trade, profession or primary interest of con-
12  tributors of the person.
13    [(d)  Each person subject to this section shall maintain, in such per-
14  son's own records, the name and address of any person, including an
15  individual, who has made one or more contributions to such person, to-
16  gether with the amount and date of such contributions, regardless of
17  whether such information is required to be reported.
18    [(e)  Any change in information previously reported in a statement of
19  intent shall be reported on a supplemental statement of intent and filed
20  not later than 10 days following the change.
21    [(f) (1)  Prior to making an expenditure any person required to file a
22  statement of intent pursuant to this section shall register annually with
23  the commission on or before July 1 of each year. Such registration shall
24  be in the form and contain such information as may be required by the
25  commission.
26    [(2)  Each registration by a person anticipating the expenditure of
27  $2,501 or more in any calendar year shall be accompanied by an annual
28  registration fee of $200.
29    [(3)  Each registration by a person anticipating the expenditure of
30  more than $500 but less than $2,501 in any calendar year shall be accom-
31  panied by an annual registration fee of $30.
32    [(4)  Each registration by a person anticipating the expenditure of
33  $500 or less in any calendar year shall be accompanied by an annual
34  registration fee of $15.
35    [(5)  Any person which is currently registered under subsection (f)(3)
36  or (f)(4) and which expends in excess of $2,500 for a calendar year, shall
37  file, within three days of the date when expenditures exceed such amount,
38  an amended registration form which shall be accompanied by an addi-
39  tional fee for such year equal to the difference between $200 and the
40  amount of the fee that accompanied the current registration.
41    [(6)   Any person which is currently registered under subsection (f)(4)
42  and which expends in excess of $500 but less than $2,501, shall file, within
43  three days of the date when expenditures exceed $500, an amended reg-
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 1  istration form which shall be accompanied by an additional fee of $15 for
 2  such year.
 3    [(g)  All such fees received by or for the commission shall be remitted
 4  to the state treasurer at least monthly. Upon receipt of each such remit-
 5  tance, the state treasurer shall deposit the entire amount in the state trea-
 6  [chsury to the credit of the Kansas commission on governmental standards
 7  and conduct fee fund.
 8    [(h)  Every person, other than a candidate or a candidate com-
 9  mittee, party committee or political committee, who makes contri-
10  butions or expenditures, other than by contribution to a candidate
11  or a candidate committee, party committee or political committee,
12  in an aggregate amount of $100 or more within a calendar year
13  shall make statements containing the information required by
14  K.S.A. 25-4148 and amendments thereto, and file them in the office
15  or offices required so that each such statement is in such office or
16  offices on the day specified in K.S.A. 25-4148 and amendments
17  thereto. If such contributions or expenditures are made to support
18  or oppose a candidate for state office, other than that of an officer
19  elected on a state-wide basis such statement shall be filed in both
20  the office of the secretary of state and in the office of the county
21  election officer of the county in which the candidate is a resident.
22  If such contributions or expenditures are made to support or oppose
23  a candidate for statewide office such statement shall be filed only
24  in the office of the secretary of state. If such contributions or ex-
25  penditures are made to support or oppose a candidate for local of-
26  fice such statement shall be filed in the office of the county election
27  officer of the county in which the candidate is a resident on the
28  ballot. Reports made under this section need not be cumulative.
29    [Sec. 3.  K.S.A. 1996 Supp. 25-4152 is hereby amended to read
30  as follows: 25-4152. (a) The commission shall send a notice by reg-
31  istered or certified mail to any person failing to file any report or
32  statement required by K.S.A. 25-4144, 25-4145 or 25-4148, 25-4148
33  or 25-4150, and amendments thereto, and to the candidate appoint-
34  ing any treasurer failing to file any such report, within the time
35  period prescribed therefor. The notice shall state that the required
36  report or statement has not been filed with either the office of sec-
37  retary of state or county election officer or both. The person failing
38  to file any report or statement, and the candidate appointing any
39  such person, shall be responsible for the filing of such report or
40  statement. The notice also shall also state that such person shall have
41  15 days from the date such notice is deposited in the mail to comply
42  with the registration and reporting requirements before a civil pen-
43  alty shall be imposed for each day that the required documents
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 1  remain unfiled. If such person fails to comply within the prescribed
 2  period, such person shall pay to the state a civil penalty of $10 per
 3  day for each day that such report or statement remains unfiled,
 4  except that no such civil penalty shall exceed $300. The commission
 5  may waive, for good cause, payment of any civil penalty imposed
 6  by this section.
 7    [(b)  Civil penalties provided for by this section shall be paid to
 8  the state treasurer, who shall deposit the same in the state treasury
 9  to the credit of the Kansas commission on governmental standards
10  and conduct fee fund.
11    [(c)  If a person fails to pay a civil penalty provided for by this
12  section, it shall be the duty of the attorney general or county or
13  district attorney to bring an action to recover such civil penalty in
14  the district court of the county in which such person resides.]
15    Sec. 2 [4].  K.S.A. 25-4156 is [25-4150 and 25-4156 and K.S.A.
16  1996 Supp. 25-4152 are] hereby repealed.
17    Sec. 3 [5].  This act shall take effect and be in force from and after
18  its publication in the statute book.