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Be it enacted by the Legislature of the State of Kansas:
  [Section 1.  K.S.A. 21-3914 is hereby amended to read as fol-
lows: 21-3914. (a) No person shall knowingly sell, give or receive,
for the purpose of selling or offering for sale any property or service
to persons listed therein, any list of names and addresses contained
in or derived from public records except:
  [(1)  Lists of names and addresses from public records of the
division of vehicles obtained under K.S.A. 74-2012, and amend-
ments thereto;
  [(2)  lists of names and addresses of persons licensed, registered
SB 116--Am. by HCW
                                     

 1  or issued certificates or permits to practice a profession or vocation
 2  may be sold or given to, and received by, an organization of persons
 3  who practice that profession or vocation for membership, infor-
 4  mational or other purposes related to the practice of the profession
 5  or vocation;
 6    [(3)  lists of names and addresses of persons applying for exam-
 7  ination for licenses, registrations, certificates or permits to practice
 8  a profession or vocation shall be sold or given to, and received by,
 9  organizations providing professional or vocational educational ma-
10  terials or courses to such persons for the sole purpose of providing
11  such persons with information relating to the availability of such
12  materials or courses;
13    [(4)  lists of names, addresses and other information from voter
14  registration lists may be compiled, used, given, received, sold or
15  purchased by any person, as defined in K.S.A. 21-3110 and amend-
16  ments thereto, solely for political campaign or election purposes;
17  and
18    [(5)  to the extent otherwise authorized by law.
19    [(b)  No person shall knowingly sell, give or receive, for the purpose
20  of solicitation of gifts or donations, any list of names and addresses con-
21  tained in or derived from public records.
22    [(b) (c)  Violation of this section is a class C misdemeanor.
23    [(c) (d)  The provisions of this section shall not apply to nor im-
24  pose any criminal liability or penalty upon any public official, pub-
25  lic agency or records custodian for granting access to or providing
26  copies of public records or information containing names and ad-
27  dresses, in good faith compliance with the Kansas open records act,
28  to a person who has made a written request for access to such in-
29  formation and has executed a written certification pursuant to sub-
30  section (c)(2) of K.S.A. 45-220 and amendments thereto.]
31    [Sec. 2.  K.S.A. 25-4153a is hereby amended to read as follows:
32  25-4153a. No registered lobbyist or, political committee or person,
33  other than an individual, shall make a contribution as defined by
34  subsection (d) of K.S.A. 25-4143, and amendments thereto, to any
35  legislator, candidate for membership in the senate or house of rep-
36  resentatives or, candidate committee for any such legislator or can-
37  didate, state officer elected on a statewide basis, candidate for state office
38  elected on a statewide basis or candidate committee for any such officer
39  or candidate after January 1 and prior to May 15 of any year of each
40  year and prior to adjournment sine die of the regular session of the leg-
41  islature or at any other time in which the legislature is in session
42  and. No such legislator, officer, candidate or committee shall accept
43  or solicit any contribution as defined by subsection (d) of K.S.A. 25-
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 1  4143, and amendments thereto, from any registered lobbyist or,
 2  political committee or person, other than an individual, during such
 3  period.]
 4    [Sec. 3.  K.S.A. 25-2023 is hereby amended to read as follows:
 5  25-2023. Each board member shall qualify by filing an oath of of-
 6  fice with the election officer not later than ten (10) 10 days follow-
 7  ing the date of the election, or not later than five (5) days after
 8  issuance of such member's certificate of election, whichever is the
 9  later date. Each board member shall take office on the July 1 following
10  the general school The term of office shall commence with and include
11  the first regular meeting of the board following certification of the elec-
12  tion. Each member elected to a board of education shall hold office
13  until a successor is elected or appointed and qualified and shall
14  serve for a term of four (4) years.]
15    [Sec. 3.  K.S.A. 25-4156 is hereby amended to read as follows:
16  25-4156. (a) (1) Whenever any person sells space in any newspa-
17  per, magazine or other periodical to a candidate or to a candidate
18  committee, party committee or political committee, the charge
19  made for the use of such space shall not exceed the charges made
20  for comparable use of such space for other purposes.
21    [(2)  Intentionally charging an excessive amount for political
22  advertising is a class A misdemeanor.
23    [(b) (1)  Corrupt political advertising of a state or local office
24  is:
25    [(A)  Publishing or causing to be published in a newspaper or
26  other periodical any paid matter which is designed or tends to aid,
27  injure or defeat any candidate for nomination or election to a state
28  or local office, unless such matter is followed by the word ``adver-
29  tisement'' or the abbreviation ``adv.'' in a separate line together
30  with: (1) The name of the chairperson or treasurer of the political
31  or other organization inserting the same or authorizing such matter;
32    (2) the name of the person individual who is responsible therefor pay-
33  ing for such matter; and (3) the city and state of residence of such indi-
34  vidual or the city and state in which the primary office of such organi-
35  zation is located. If such matter is paid for and authorized by a candidate
36  or such candidate's candidate committee, such matter need only identify
37  the chairperson or treasurer authorizing such matter;
38    [(B)  publishing or causing to be published any brochure, flier, letter,
39  postcard or other political fact sheet any paid matter which is designed
40  or tends to aid, injure or defeat any candidate for nomination or election
41  to a state or local office, unless such matter is followed by: (1) The name
42  of the chairperson or treasurer of the political or other organization au-
43  thorizing such matter; (2) the name of the individual who is paying for
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 1  such matter; and (3) the city and state of residence of such individual or
 2  the city and state in which the primary office of such organization is
 3  located.  If such matter is paid for and authorized by a candidate or such
 4  candidate's candidate committee, such matter need only identify the
 5  chairperson or treasurer sponsoring such matter; or
 6    [or (C)  broadcasting or causing to be broadcast by any radio or
 7  television station any paid matter which is designed or tends to
 8  aid, injure or defeat any candidate for nomination or election to a
 9  state or local office, unless such matter is followed by a statement
10  that the preceding was an advertisement together with: (1) The
11  name of the chairperson or treasurer of the political or other or-
12  ganization sponsoring the same or authorizing such matter; (2) the
13  name of the person individual who is responsible therefor paying for
14  such matter; and (3) the city and state of residence of such individual or
15  the city and state in which the primary office of such organization is
16  located. If such matter is paid for and authorized by a candidate or such
17  candidate's candidate committee, such matter need only identify the
18  chairperson or treasurer authorizing such matter.
19    [(2)  The provisions of this subsection requiring the disclosure of the
20  name of an individual shall not apply to individuals making expenditures
21  in an aggregate amount of less than $100 within a calendar year.
22    [(2) (3)  Corrupt political advertising of a state or local office is
23  a class C misdemeanor.
24    [(c) (1)  Unfair political advertising of a state or local office is:
25    [(A)  Publishing or causing to be published in any newspaper or
26  other periodical, brochure, flier, letter, postcard or other political
27  fact sheet any paid matter which is designed to aid, injure or defeat
28  any candidate for nomination or election by the use of a candida-
29  te's voting record on any legislative measure which involved more
30  than one material issue without including in such publication, a
31  statement that other issues may have been included in the legis-
32  lative measure which are not addressed in such publication; or
33    [(B)  broadcasting or causing to be broadcast by any radio or
34  television station any paid matter which is designed or tends to
35  aid, injure or defeat any candidate for nomination or election by
36  the use of a candidate's voting record on any legislative measure
37  which involved more than one material issue without including in
38  such broadcast a statement that other issues may have been in-
39  cluded in the legislative measure which are not addressed in such
40  broadcast.
41    [(2)  Unfair political advertising involving a state or local office
42  is a class C misdemeanor.
43    [(d)  It shall be a defense to a prosecution or imposition of a
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 1  civil fine under this section if the person accused of violating this
 2  section has secured a written certification from the person au-
 3  thorizing or paying for the advertising that such person has in-
 4  cluded the information required by this section in such advertise-
 5  ment.]
 6    [Sec. 4.  K.S.A. 25-4156 is hereby amended to read as follows:
 7  25-4156. (a) (1) Whenever any person sells space in any newspa-
 8  per, magazine or other periodical to a candidate or to a candidate
 9  committee, party committee or political committee, the charge
10  made for the use of such space shall not exceed the charges made
11  for comparable use of such space for other purposes.
12    [(2)  Intentionally charging an excessive amount for political
13  advertising is a class A misdemeanor.
14    [(b) (1)  Corrupt political advertising of a state or local office
15  is:
16    [(A)  Publishing or causing to be published in a newspaper or
17  other periodical any paid matter which is designed or tends to aid,
18  injure or defeat any candidate for nomination or election to a state
19  or local office, unless such matter is followed by the word ``adver-
20  tisement'' or the abbreviation ``adv.'' in a separate line together
21  with: (1) The name of the chairperson or treasurer of the political
22  or other organization inserting the same or authorizing such matter;
23    (2) the name of the person individual who is responsible therefor pay-
24  ing for such matter; and (3) the city and state of residence of such indi-
25  vidual or the city and state in which the primary office of such organi-
26  zation is located. If such matter is paid for and authorized by a candidate
27  or such candidate's candidate committee, such matter need only identify
28  the chairperson or treasurer authorizing such matter;
29    [(B)  publishing or causing to be published any brochure, flier, letter,
30  postcard or other political fact sheet any paid matter which is designed
31  or tends to aid, injure or defeat any candidate for nomination or election
32  to a state or local office, unless such matter is followed by: (1) The name
33  of the chairperson or treasurer of the political or other organization au-
34  thorizing such matter; (2) the name of the individual who is paying for
35  such matter; and (3) the city and state of residence of such individual or
36  the city and state in which the primary office of such organization is
37  located.  If such matter is paid for and authorized by a candidate or such
38  candidate's candidate committee, such matter need only identify the
39  chairperson or treasurer sponsoring such matter; or
40    [or (C)  broadcasting or causing to be broadcast by any radio or
41  television station any paid matter which is designed or tends to
42  aid, injure or defeat any candidate for nomination or election to a
43  state or local office, unless such matter is followed by a statement
SB 116--Am. by HCW
                                     

 1  that the preceding was an advertisement together with: (1) The
 2  name of the chairperson or treasurer of the political or other or-
 3  ganization sponsoring the same or authorizing such matter; (2) the
 4  name of the person individual who is responsible therefor paying for
 5  such matter; and (3) the city and state of residence of such individual or
 6  the city and state in which the primary office of such organization is
 7  located. If such matter is paid for and authorized by a candidate or such
 8  candidate's candidate committee, such matter need only identify the
 9  chairperson or treasurer authorizing such matter.
10    [(2)  The provisions of this subsection requiring the disclosure of the
11  name of an individual shall not apply to individuals making expenditures
12  in an aggregate amount of less than $100 within a calendar year.
13    [(2) (3)  Corrupt political advertising of a state or local office is
14  a class C misdemeanor.
15    [(c)  It shall be a defense to a prosecution or imposition of a civil fine
16  under this section if the person accused of violating this section has se-
17  cured a written certification from the person authorizing or paying for
18  the advertising that such person has included the information required
19  by this section in such advertisement.]
20    Section 1. [Sec. 2 [5].]  K.S.A. 45-220 is hereby amended to read as
21  follows: 45-220. (a) Each public agency shall adopt procedures to be fol-
22  lowed in requesting access to and obtaining copies of public records,
23  which procedures shall provide full access to public records, protect pub-
24  lic records from damage and disorganization, prevent excessive disruption
25  of the agency's essential functions, provide assistance and information
26  upon request and insure efficient and timely action in response to appli-
27  cations for inspection of public records.
28    (b)  A public agency may require a written request for inspection of
29  public records but shall not otherwise require a request to be made in
30  any particular form. Except as otherwise provided by subsection (c), a
31  public agency shall not require that a request contain more information
32  than the requester's name and address and the information necessary to
33  ascertain the records to which the requester desires access and the re-
34  quester's right of access to the records. A public agency may require proof
35  of identity of any person requesting access to a public record. No request
36  shall be returned, delayed or denied because of any technicality unless it
37  is impossible to determine the records to which the requester desires
38  access.
39    (c)  If access to public records of an agency or the purpose for which
40  the records may be used is limited pursuant to K.S.A. 21-3914 or 45-221,
41  and amendments thereto, the agency may require a person requesting
42  the records or information therein to provide written certification that:
43    (1)  The requester has a right of access to the records and the basis
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 1  of that right; or
 2    (2)  the requester does not intend to, and will not: (A) Use any list of
 3  names or addresses contained in or derived from the records or infor-
 4  mation for the purpose of selling or offering for sale any property or
 5  service to any person listed or to any person who resides at any address
 6  listed; or (B) sell, give or otherwise make available to any person any list
 7  of names or addresses contained in or derived from the records or infor-
 8  mation for the purpose of allowing that person to sell or offer for sale any
 9  property or service to any person listed or to any person who resides at
10  any address listed; or (C) use any list of names or addresses contained in
11  or derived from the records or information for the purpose of solicitation
12  of gifts or donations. [When used in this subsection ``donation'' shall
13  not include a contribution as such term is defined by K.S.A. 25-
14  4143, and amendments thereto.]
15    (d)  A public agency shall establish, for business days when it does not
16  maintain regular office hours, reasonable hours when persons may inspect
17  and obtain copies of the agency's records. The public agency may require
18  that any person desiring to inspect or obtain copies of the agency's records
19  during such hours so to notify the agency, but. Such notice shall not be
20  required to be in writing and shall not be required to be given more than
21  24 hours prior to the hours established for inspection and obtaining cop-
22  ies.
23    (e)  Each official custodian of public records shall designate such per-
24  sons as necessary to carry out the duties of custodian under this act and
25  shall ensure that a custodian is available during regular business hours of
26  the public agency to carry out such duties.
27    (f)  Each public agency shall provide, upon request of any person, the
28  following information:
29    (1)  The principal office of the agency, its regular office hours and any
30  additional hours established by the agency pursuant to subsection (c).
31    (2)  The title and address of the official custodian of the agency's re-
32  cords and of any other custodian who is ordinarily available to act on
33  requests made at the location where the information is displayed.
34    (3)  The fees, if any, charged for access to or copies of the agency's
35  records.
36    (4)  The procedures to be followed in requesting access to and ob-
37  taining copies of the agency's records, including procedures for giving
38  notice of a desire to inspect or obtain copies of records during hours
39  established by the agency pursuant to subsection (c).
40    Sec. 3 [6].  K.S.A. 1996 Supp. 46-236 is hereby amended to
41  read as follows: 46-236. No state officer or employee, candidate
42  for state office or state officer elect shall solicit any economic op-
43  portunity, gift, loan, gratuity, special discount, favor, hospitality,
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 1  or service from any person known to have a special interest, under
 2  circumstances where such officer, employee, candidate or state officer
 3  elect knows or should know that a major purpose of the donor in granting
 4  the same could be to influence in exchange for the performance or
 5  nonperformance of the official duties or prospective official duties
 6  of such officer, employee, candidate or state officer elect.
 7    Except when a particular course of official action is to be fol-
 8  lowed as a condition thereon, this section shall not apply to: (1)
 9  Any contribution reported in compliance with the campaign fi-
10  nance act; (2) a commercially reasonable loan or other commercial
11  transaction in the ordinary course of business; or (3) [except as
12  otherwise provided by K.S.A. 25-4153a, and amendments thereto]
13  any solicitation for the benefit of any charitable organization which
14  is required to file a registration statement with the secretary of
15  state pursuant to K.S.A. 17-1740 17-1763, and amendments thereto,
16  or which is exempted from filing such statement pursuant to K.S.A.
17  17-1741 17-1762, and amendments thereto, or for the benefit of any
18  educational institution or such institution's endowment associa-
19  tion, if such association has qualified as a nonprofit organization
20  under paragraph (3) of subsection (c) of section 501 of the internal
21  revenue code of 1986, as amended.
22    Sec. 4 [7].  K.S.A. 1996 Supp. 46-237 is hereby amended to
23  read as follows: 46-237. (a) No state officer or employee, candidate
24  for state office or state officer elect shall accept, or agree to accept
25  any economic opportunity, gift, loan, gratuity, special discount, fa-
26  vor, hospitality, or service having an aggregate value of $40 or more
27  in any calendar year from any one person known to have a special interest,
28  under circumstances where such person knows or should know that a
29  major purpose of the donor is to influence such person [having an ag-
30  gregate value of $40 or more in any calendar year from any one
31  person known to have a special interest, under circumstances
32  where such person knows or should know that a major purpose of
33  the donor is to influence such person] in exchange for the perform-
34  ance or nonperformance of their official duties or prospective official
35  duties of such officer, employee, candidate or state officer elect. [The
36  provisions of this subsection shall not apply to the action of any
37  such officer, employee, candidate or state officer elect except
38  when a particular course of official action is to be followed as a
39  condition therefor.]
40    (b)  No person with a special interest shall offer, pay, give or
41  make any economic opportunity, gift, loan, gratuity, special dis-
42  count, favor, hospitality or service having an aggregate value of $40
43  or more in any calendar year [having an aggregate value of $40 or
SB 116--Am. by HCW
                                     

 1  more in any calendar year] to any state officer or employee, can-
 2  didate for state office or state officer elect with a major purpose of
 3  influencing such officer or employee, candidate for state office or state
 4  officer elect [with a major purpose of influencing such officer or
 5  employee, candidate for state office or state officer elect] in
 6  exchange for the performance or nonperformance of official duties or
 7  prospective official duties of such officer, employee, candidate or state
 8  officer elect. [The provisions of this subsection shall not apply to the
 9  action of any such person except when a particular course of offi-
10  cial action is to be followed as a condition therefor.]
11    (c)  No person licensed, inspected or regulated by a state
12  agency shall offer, pay, give or make any economic opportunity,
13  gift, loan, gratuity, special discount, favor, hospitality, or service
14  having an aggregate value of $40 or more in any calendar year [having
15  an aggregate value of $40 or more in any calendar year] to such
16  agency or any state officer or, employee, candidate for state office
17  or state officer elect of that agency in exchange for the performance
18  or nonperformance of official duties or prospective duties of such agency,
19  state officer, employee, candidate for state office or state officer elect of
20  such agency. [The provisions of this subsection shall not apply to
21  the action of any such person except when a particular course of
22  official action is to be followed as a condition therefor.]
23    (d)  Hospitality in the form of recreation, food and beverages
24  are presumed not to be given to influence a state officer or employee,
25  candidate for state office or state officer elect [to influence a state of-
26  ficer or employee, candidate for state office or state officer elect]
27  in exchange for the performance or nonperformance of official duties
28  or prospective official duties, except when a particular course of
29  official action is to be followed as a condition thereon. For the
30  purposes of this subsection, the term recreation shall not include
31  the providing or the payment of the cost of transportation or lodg-
32  ing.
33    (e)  The making or giving of any economic opportunity, gift, loan,
34  gratuity, special discount, favor or service having an aggregate value of
35  $40 or more in any calendar year from [by] any person known to have a
36  special interest shall be presumed to have been given in exchange for the
37  performance or nonperformance of official duties or prospective official
38  duties [if a particular course of official action is to be followed as a
39  condition therefore].
40    (e) (f)  Except when a particular course of official action is to be
41  followed as a condition thereon, this section shall not apply to: (1)
42  Any contribution reported in compliance with the campaign fi-
43  nance act; or (2) a commercially reasonable loan or other com-
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 1  mercial transaction in the ordinary course of business.
 2    (f) (g)  No state officer or employee shall accept any payment of
 3  honoraria for any speaking engagement [if a particular course of
 4  official action is to be followed as a condition therefor,] except that
 5  a member of the state legislature or a part-time officer or em-
 6  ployee of the executive branch of government shall be allowed to
 7  receive reimbursement in the preparation for and the making of
 8  a presentation at a speaking engagement in an amount fixed by
 9  the Kansas commission on governmental standards and conduct
10  prior to the acceptance of the speaking engagement. Nothing in
11  this section shall be construed to prohibit the reimbursement of
12  state officers and employees for reasonable expenses incurred in
13  attending seminars, conferences and other speaking engagements.
14    (g) (h)  The provisions of this section shall not be applicable to
15  or prohibit the acceptance of gifts from governmental agencies of
16  foreign nations except that any gift accepted from such foreign
17  governmental agency, having an aggregate value of $100 or more,
18  shall be accepted on behalf of the state of Kansas.
19    (h) (i)  No legislator shall solicit any contribution to be made to
20  any organization for the purpose of paying for travel, subsistence
21  and other expenses incurred by such legislator or other members
22  of the legislature in attending and participating in meetings, pro-
23  grams and activities of such organization or those conducted or
24  sponsored by such organization, but nothing in this act or the act
25  of which this act is amendatory shall be construed to prohibit any
26  legislator from accepting reimbursement for actual expenses for
27  travel, subsistence, hospitality, entertainment and other expenses
28  incurred in attending and participating in meetings, programs and
29  activities sponsored by the government of any foreign nation, or
30  any organization organized under the laws of such foreign nation
31  or any international organization or any national, nonprofit, non-
32  partisan organization established for the purpose of serving, in-
33  forming, educating and strengthening state legislatures in all
34  states of the nation, when paid from funds of such organization
35  and nothing shall be construed to limit or prohibit the expenditure
36  of funds of and by any such organization for such purposes.
37    Sec. 5 [8].  K.S.A. 46-271 is hereby amended to read as follows:
38  46-271. No lobbyist shall offer, pay, give or make any economic
39  opportunity, gift, loan, gratuity, special discount, favor, hospitality,
40  or service having an aggregate value of $40 or more in any calendar year
41  [having an aggregate value of $40 or more in any calendar year]
42  to any state officer or, state officer elect, employee or candidate for
43  state office with a major purpose of influencing such officer or employee
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 1  in exchange for the performance or nonperformance of official duties
 2  or prospective official duties of such officer, employee, candidate or
 3  state officer elect. Hospitality in the form of recreation, food and
 4  beverages are presumed not to be given to influence a state officer
 5  or employee or candidate for state office in exchange for the perform-
 6  ance or nonperformance of official duties, except when a particular
 7  course of official action is to be followed as a condition thereon.
 8    Except when a particular course of official action is to be fol-
 9  lowed as a condition thereon, this section shall not apply to (1) any
10  contribution reported in compliance with the campaign finance act
11  as amended, or (2) a commercially reasonable loan or other com-
12  mercial transaction in the ordinary course of business.
13    Sec. 2 [3] [6].  K.S.A. 45-220 is [21-3914 and 45-220, 45-220, 46-
14  271 and 46-277 and K.S.A. 1996 Supp. 46-236 and 46-237 are]
15  hereby repealed.
16    [Sec. 9.  K.S.A. 25-4119a is hereby amended to read as follows:
17  25-4119a. (a) There is hereby created the Kansas commission on
18  governmental standards and conduct.
19    [(b)  On July 1, 1997, the Kansas commission on governmental stan-
20  dards and conduct is hereby redesignated as the governmental ethics com-
21  mission. On and after July 1, 1997, whenever the Kansas commission on
22  governmental standards and conduct, or words of like effect, is referred
23  to or designated by a statute, contract or other document, such reference
24  or designation shall be deemed to apply to the governmental ethics com-
25  mission. Nothing in this act shall be construed as abolishing and reesta-
26  blishing the commission. The commission shall consist of nine mem-
27  bers of whom two shall be appointed by the governor, one by the
28  president of the senate, one by the speaker of the house of rep-
29  resentatives, one by the minority leader of the house of represen-
30  tatives, one by the minority leader of the senate, one by the chief
31  justice of the supreme court, one by the attorney general and one
32  by the secretary of state. The terms of such members shall be as fol-
33  lows:  The member appointed by the governor serving on the effective
34  date of this act and the members appointed by the speaker of the house
35  of representatives and the president of the senate shall serve until January
36  31, 1991; the additional member appointed by the governor and the mem-
37  bers appointed by the attorney general and the secretary of state shall
38  serve until January 31, 1992; the members appointed by the minority
39  leader of the house of representatives and by the minority leader of the
40  senate shall serve until January 31, 1993; and the member appointed by
41  the chief justice of the supreme court shall serve until January 31, 1994.
42  Nothing in this act shall be construed as affecting the terms of members
43  serving on July 1, 1997. Not more than five members of the com-
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 1  mission shall be members of the same political party and the two
 2  members appointed by the governor shall not be members of the
 3  same political party.
 4    [(b) (c)  The terms of all subsequently appointed members shall
 5  be two years commencing on February 1 of the appropriate years.
 6  Vacancies occurring on the commission shall be filled for the unex-
 7  pired term by the same appointing officer as made the original
 8  appointment. Members shall serve until their successors are ap-
 9  pointed and qualified. The governor shall designate one of the
10  members appointed by the governor to be the chairperson of the
11  commission. A majority vote of five members of the commission
12  shall be required for any action of the commission. The commis-
13  sion may adopt rules to govern its proceedings and may provide
14  for such officers other than the chairperson as it may determine.
15  The commission shall meet at least once each quarter, and also
16  shall meet on call of its chairperson or any four members of the
17  commission. Members of the commission attending meetings of
18  such commission, or attending a subcommittee meeting thereof
19  authorized by such commission, shall be paid compensation, sub-
20  sistence allowances, mileage and other expenses as provided in
21  subsections (a) to (d), inclusive, of K.S.A. 75-3223, and amend-
22  ments thereto. The commission shall appoint an executive director
23  who shall be in the unclassified service and receive compensation
24  fixed by the commission, in accordance with appropriation acts of
25  the legislature, subject to approval by the governor. The commis-
26  sion may employ such other staff and attorneys as it determines,
27  within amounts appropriated to the commission, all of whom shall
28  be in the unclassified service and shall receive compensation fixed
29  by the commission and not subject to approval by the governor.
30    [(c) (d)  The commission may adopt rules and regulations for
31  the administration of the campaign finance act. Subject to K.S.A.
32  25-4178, and amendments thereto, rules and regulations adopted by
33  the commission created prior to this act shall continue in force and
34  effect and shall be deemed to be the rules and regulations of the
35  commission created by this section of this enactment, until revised,
36  amended, repealed or nullified pursuant to law. All rules and reg-
37  ulations of the commission shall be subject to the provisions of
38  article 4 of chapter 77 of Kansas Statutes Annotated. The commis-
39  sion shall continue to administer all of the acts administered by
40  the commission to which it is successor.
41    [(d) (e)  The commission may provide copies of opinions, infor-
42  mational materials compiled and published by the commission and
43  public records filed in the office of the commission to persons re-
SB 116--Am. by HCW
                                     

 1  questing the same and may adopt rules and regulations fixing rea-
 2  sonable fees therefor. All fees collected by the commission under
 3  the provisions of this subsection shall be paid to the state treasurer
 4  who shall deposit the same in the state treasury to the credit of the
 5  Kansas governmental ethics commission on governmental standards and
 6  conduct fee fund.
 7    [(e) (f)  The commission shall submit an annual report and rec-
 8  ommendations in relation to all acts administered by the commis-
 9  sion to the governor and to the legislative coordinating council on
10  or before December 1 of each year. The legislative coordinating
11  council shall transmit such report and recommendations to the
12  legislature.
13    [(f) (g)  Whenever the public disclosure commission Kansas com-
14  mission on governmental standards and conduct, or words of like effect,
15  is referred to or designated by a statute, contract or other docu-
16  ment, such reference or designation shall be deemed to apply to
17  the Kansas commission on governmental standards and conduct created
18  by this section ethics commission.
19    [Sec. 10.  K.S.A. 25-4119e is hereby amended to read as fol-
20  lows: 25-4119e. (a) There is hereby established in the state treasury
21  the Kansas governmental ethics commission on governmental standards
22  and conduct fee fund. All moneys credited to such fund shall be
23  used for the operations of the commission in the performance of
24  powers, duties and functions prescribed by law. All expenditures
25  from such fund shall be made in accordance with the provisions of
26  appropriation acts and upon warrants of the director of accounts
27  and reports issued pursuant to vouchers approved by the chair-
28  person of the commission or the chairperson's designee.
29    [(b)  The director of accounts and reports is hereby directed to transfer
30  all moneys in the Kansas commission on governmental standards and
31  conduct fee fund to the governmental ethics commission fee fund estab-
32  lished pursuant to subsection (a). All liabilities of the Kansas commission
33  on governmental standards and conduct fee fund existing prior to July 1,
34  1997, are hereby imposed on the governmental ethics commission fee fund
35  established pursuant to subsection (a). The Kansas commission on gov-
36  ernmental standards and conduct fee fund is hereby abolished.
37    [Sec. 11.  K.S.A. 1996 Supp. 25-4119f is hereby amended to
38  read as follows: 25-4119f. (a) In addition to any other fee required
39  by law, every person becoming a candidate for the following of-
40  fices shall pay a fee at the time of filing for such office in the
41  amount prescribed by this section:
42      [(1)  Governor and lieutenant governor                                                         $400;
SB 116--Am. by HCW
                                     

 1      [(2)  state offices elected by statewide election, other than the governor and lieutenant governor        
     $400;
 2      [(3)  state senator, state representative, state board of education, dis-trict attorney, board of public
     utilities of the city of Kansas City and elected county offices          $30;
 3  [and
 4      [(4)  members of boards of education of unified school districts having 35,000 or more pupils regularly
     enrolled in the preceding school year, members of governing bodies of cities of the first class and judges of the district
     court in judicial districts in which judges are elected          $30.
 5    [(b)  The secretary of state shall remit all fees received by that
 6  office to the state treasurer. County election officers receiving fees
 7  in accordance with this section shall remit such fees to the county
 8  treasurer of the county who shall quarterly remit the same to the
 9  state treasurer. Upon receipt of such remittance, the state treas-
10  urer shall deposit the entire amount in the state treasury to the
11  credit of the Kansas governmental ethics commission on governmental
12  standards and conduct fee fund.
13    [Sec. 12.  K.S.A. 1996 Supp. 25-4143 is hereby amended to
14  read as follows: 25-4143. As used in the campaign finance act, un-
15  less the context otherwise requires:
16    [(a)  ``Candidate'' means an individual who: (1) Appoints a treas-
17  urer or a candidate committee,;
18    [(2)  makes a public announcement of intention to seek nomi-
19  nation or election to state or local office,;
20    [(3)  makes any expenditure or accepts any contribution for the
21  purpose of influencing such person's nomination or election to any
22  state or local office,; or
23    [(4)  files a declaration or petition to become a candidate for
24  state or local office.
25    [(b)  ``Candidate committee'' means a committee appointed by
26  a candidate to receive contributions and make expenditures for
27  the candidate.
28    [(c)  ``Commission'' means the Kansas governmental ethics com-
29  mission on governmental standards and conduct created by K.S.A. 25-
30  4119a and amendments thereto.
31    [(d) (1)  ``Contribution'' means:
32    [(A)  Any advance, conveyance, deposit, distribution, gift, loan
33  or payment of money or any other thing of value made for the
34  purpose of influencing the nomination or election of any individual
35  to state or local office;
36    [(B)  a transfer of funds between any two or more candidate
SB 116--Am. by HCW
                                     

 1  committees, party committees or political committees;
 2    [(C)  the payment, by any person other than a candidate, can-
 3  didate committee, party committee or political committee, of com-
 4  pensation to an individual for the personal services rendered with-
 5  out charge to or for a candidate's campaign or to or for any such
 6  committee;
 7    [(D)  the purchase of tickets or admissions to, or advertisements
 8  in journals or programs for, testimonial events;
 9    [(E)  a mailing of materials designed to influence the nomina-
10  tion or election of a candidate, which is made and paid for by a
11  party committee with the consent of such candidate.
12    [(2)  ``Contribution'' does not include:
13    [(A)  The value of volunteer services provided without compen-
14  sation;
15    [(B)  costs to a volunteer related to the rendering of volunteer
16  services not exceeding a fair market value of $50 during an allo-
17  cable election period as provided in K.S.A. 25-4149, and amend-
18  ments thereto;
19    [(C)  payment by a candidate or candidate's spouse for personal
20  meals, lodging and travel by personal automobile of the candidate
21  or candidate's spouse while campaigning;
22    [(D)  the value of goods donated to events such as testimonial
23  events, bake sales, garage sales and auctions by any person not
24  exceeding a fair market value of $50 per event.
25    [(e)  ``Election'' means:
26    [(1)  A primary or general election for state or local office; and
27    [(2)  a convention or caucus of a political party held to nominate
28  a candidate for state or local office.
29    [(f) (1)  ``Expenditure'' means:
30    [(A)  Any purchase, payment, distribution, loan, advance, de-
31  posit or gift of money or any other thing of value made for the
32  purpose of influencing the nomination or election of any individual
33  to state or local office;
34    [(B)  any contract to make an expenditure;
35    [(C)  a transfer of funds between any two or more candidate
36  committees, party committees or political committees; or
37    [(D)  payment of a candidate's filing fees.
38    [(2)  ``Expenditure'' does not include:
39    [(A)  The value of volunteer services provided without compen-
40  sation;
41    [(B)  costs to a volunteer incidental to the rendering of volun-
42  teer services not exceeding a fair market value of $50 during an
43  allocable election period as provided in K.S.A. 25-4149, and
SB 116--Am. by HCW
                                     

 1  amendments thereto;
 2    [(C)  payment by a candidate or candidate's spouse for personal
 3  meals, lodging and travel by personal automobile of the candidate
 4  or candidate's spouse while campaigning or payment of such costs
 5  by the treasurer of a candidate or candidate committee;
 6    [(D)  the value of goods donated to events such as testimonial
 7  events, bake sales, garage sales and auctions by any person not
 8  exceeding fair market value of $50 per event; or
 9    [(E)  any communication by an incumbent elected state or local
10  officer with one or more individuals unless the primary purpose
11  thereof is to influence the nomination or election of a candidate.
12    [(g)  ``Party committee'' means:
13    [(1)  The state committee of a political party regulated by article
14  3 of chapter 25 of the Kansas Statutes Annotated, or;
15    [(2)  the county central committee or the state committee of a
16  political party regulated under article 38 of chapter 25 of the Kan-
17  sas Statutes Annotated or;
18    [(3)  the bona fide national organization or committee of those
19  political parties regulated by the Kansas Statutes Annotated, or;
20    [(4)  not more than one political committee established by the
21  state committee of any such political party and designated as a
22  recognized political committee for the senate or; or
23    [(5)  not more than one political committee established by the
24  state committee of any such political party and designated as a
25  recognized political committee for the house of representatives.
26    [(h)  ``Person'' means any individual, committee, corporation,
27  partnership, trust, organization or association.
28    [(i)  ``Political committee'' means any combination of two or
29  more individuals or any person other than an individual, a major
30  purpose of which is to support or oppose any candidate for state
31  or local office, but not including any candidate committee or party
32  committee.
33    [(j)  ``Receipt'' means a contribution or any other money or
34  thing of value, but not including volunteer services provided with-
35  out compensation, received by a treasurer in the treasurer's offi-
36  cial capacity.
37    [(k)  ``State office'' means any state office as defined in K.S.A.
38  25-2505, and amendments thereto.
39    [(l)  ``Testimonial event'' means an event held for the benefit of
40  an individual who is a candidate to raise funds for such candidate's
41  campaign. Testimonial events include but are not limited to din-
42  ners, luncheons, rallies, barbecues and picnics.
43    [(m)  ``Treasurer'' means a treasurer of a candidate or of a can-
SB 116--Am. by HCW
                                     

 1  didate committee, a party committee or a political committee ap-
 2  pointed under the campaign finance act or a treasurer of a com-
 3  bination of individuals or a person other than an individual which
 4  is subject to paragraph (2) of subsection (a) of K.S.A. 25-4172, and
 5  amendments thereto.
 6    [(n)  ``Local office'' means a member of the governing body of
 7  a city of the first class, any elected office of a unified school district
 8  having 35,000 or more pupils regularly enrolled in the preceding
 9  school year, a county or of the board of public utilities.
10    [Sec. 13.  K.S.A. 1996 Supp. 25-4145 is hereby amended to
11  read as follows: 25-4145. (a) Each party committee and each po-
12  litical committee which anticipates receiving contributions or mak-
13  ing expenditures shall appoint a chairperson and a treasurer. The
14  chairperson of each party committee and each political committee
15  which supports or opposes a candidate for state office shall make
16  a statement of organization and file it with the secretary of state
17  not later than 10 days after establishment of such committee. The
18  chairperson of each political committee, the major purpose of
19  which is to support or oppose any candidate for local office, shall
20  make a statement of organization and file it with the county elec-
21  tion officer not later than 10 days after establishment of such com-
22  mittee.
23    [(b)  Every statement of organization shall include:
24    [(1)  The name and address of the committee;
25    [(2)  the names and addresses of the chairperson and treasurer
26  of the committee;
27    [(3)  the names and addresses of affiliated or connected organ-
28  izations; and
29    [(4)  in the case of a political committee, the full name of the
30  organization with which the committee is connected or affiliated
31  or, name or description sufficiently describing the affiliation or, if
32  the committee is not connected or affiliated with any one organi-
33  zation, the trade, profession or primary interest of contributors of
34  the political committee.
35    [(c)  Any change in information previously reported in a state-
36  ment of organization shall be reported on a supplemental state-
37  ment of organization and filed not later than 10 days following the
38  change.
39    [(d) (1)  Each political committee which anticipates receiving
40  contributions shall register annually with the commission on or
41  before July 1 of each year. Each political committee registration
42  shall be in the form and contain such information as may be re-
43  quired by the commission.
SB 116--Am. by HCW
                                     

 1    [(2)  Each registration by a political committee anticipating the
 2  receipt of $2,501 or more in any calendar year shall be accompa-
 3  nied by an annual registration fee of $200.
 4    [(3)  Each registration by a political committee anticipating the
 5  receipt of more than $500 but less than $2,501 in any calendar
 6  year shall be accompanied by an annual registration fee of $30.
 7    [(4)  Each registration by a political committee anticipating the
 8  receipt of $500 or less in any calendar year shall be accompanied
 9  by an annual registration fee of $15.
10    [(5)  Any political committee which is currently registered un-
11  der subsection (d)(3) or (d)(4) and which receives contributions in
12  excess of $2,500 for a calendar year, shall file, within three days
13  of the date when contributions exceed such amount, an amended
14  registration form which shall be accompanied by an additional fee
15  for such year equal to the difference between $200 and the amount
16  of the fee that accompanied the current registration.
17    [(6)   Any political committee which is currently registered un-
18  der subsection (d)(4) and which receives contributions in excess of
19  $500 but which are less than $2,501, shall file, within three days
20  of the date when contributions exceed $500, an amended registra-
21  tion form which shall be accompanied by an additional fee of $15
22  for such year.
23    [(e)  All such fees received by or for the commission shall be
24  remitted to the state treasurer at least monthly. Upon receipt of
25  each such remittance, the state treasurer shall deposit the entire
26  amount in the state treasury to the credit of the Kansas governmental
27  ethics commission on governmental standards and conduct fee fund.
28    [Sec. 14.  K.S.A. 1996 Supp. 25-4152 is hereby amended to
29  read as follows: 25-4152. (a) The commission shall send a notice by
30  registered or certified mail to any person failing to file any report
31  or statement required by K.S.A. 25-4144, 25-4145 or 25-4148, and
32  amendments thereto, and to the candidate appointing any treas-
33  urer failing to file any such report, within the time period pre-
34  scribed therefor. The notice shall state that the required report or
35  statement has not been filed with either the office of secretary of
36  state or county election officer or both. The person failing to file
37  any report or statement, and the candidate appointing any such
38  person, shall be responsible for the filing of such report or state-
39  ment. The notice shall also shall state that such person shall have
40  15 days from the date such notice is deposited in the mail to comply
41  with the registration and reporting requirements before a civil
42  penalty shall be imposed for each day that the required documents
43  remain unfiled. If such person fails to comply within the pre-
SB 116--Am. by HCW
                                     

 1  scribed period, such person shall pay to the state a civil penalty of
 2  $10 per day for each day that such report or statement remains
 3  unfiled, except that no such civil penalty shall exceed $300. The
 4  commission may waive, for good cause, payment of any civil pen-
 5  alty imposed by this section.
 6    [(b)  Civil penalties provided for by this section shall be paid to
 7  the state treasurer, who shall deposit the same in the state treasury
 8  to the credit of the Kansas governmental ethics commission on gov-
 9  ernmental standards and conduct fee fund.
10    [(c)  If a person fails to pay a civil penalty provided for by this
11  section, it shall be the duty of the attorney general or county or
12  district attorney to bring an action to recover such civil penalty in
13  the district court of the county in which such person resides.
14    [Sec. 15.  K.S.A. 25-4180 is hereby amended to read as follows:
15  25-4180. (a) Every person who engages in any activity promoting
16  or opposing the adoption or repeal of any provision of the Kansas
17  constitution and who accepts moneys or property for the purpose
18  of engaging in such activity shall make an annual report to the
19  secretary of state of individual contributions or contributions in
20  kind in an aggregate amount or value in excess of $50 received
21  during the preceding calendar year for such purposes. The report
22  shall show the name and address of each contributor for the activ-
23  ity and the amount or value of the individual contribution made,
24  together with a total value of all contributions received, and shall
25  also account for expenditures in an aggregate amount or value in
26  excess of $50 from such contributions by showing the amount or
27  value expended to each payee and the purpose of each such ex-
28  penditure, together with a total value of all expenditures made.
29  The annual report shall be filed on or before February 15 of each
30  year for the preceding calendar year.
31    [In addition to the annual report, a person engaging in an activ-
32  ity promoting the adoption or repeal of a provision of the Kansas
33  constitution who accepts any contributed moneys for such activity
34  shall make a preliminary report to the secretary of state 15 days
35  prior to each election at which a proposed constitutional amend-
36  ment is submitted. Such report shall show the name and address
37  of each individual contributor, together with the amount contrib-
38  uted or contributed in kind in an aggregate amount or value in
39  excess of $50, and the expenditures in an aggregate amount or
40  value in excess of $50 from such contributions by showing the
41  amount paid to each payee and the purpose of the expenditure. A
42  supplemental report in the same format as the preliminary report
43  shall be filed with the secretary of state within 15 days after any
SB 116--Am. by HCW
                                     

 1  election on a constitutional proposition where contributed funds
 2  are received and expended in opposing or promoting such prop-
 3  osition.
 4    [Any person who engages in any activity promoting or opposing
 5  the adoption or repeal of any provision of the Kansas constitution
 6  shall be considered engaged in such activity upon the date the
 7  concurrent resolution passes the Kansas house of representatives
 8  and senate in its final form. Upon such date, if the person has funds
 9  in the constitutional amendment campaign treasury, such person
10  shall be required to report such funds as provided by this section.
11    [The word ``person'' as used herein means an individual, cor-
12  poration, partnership, association, organization or other legal en-
13  tity.
14    [(b) (1)  The commission shall send a notice by registered or
15  certified mail to any person failing to file any report required by
16  subsection (a) within the time period prescribed therefor. The no-
17  tice shall state that the required report has not been filed with the
18  office of the secretary of state. The notice shall also state that such
19  person shall have 15 days from the date such notice is deposited
20  in the mail to comply with the reporting requirements before a
21  civil penalty shall be imposed for each day that the required doc-
22  uments remain unfiled. If such person fails to comply within the
23  prescribed period, such person shall pay to the state a civil penalty
24  of $10 per day for each day that such report remains unfiled, ex-
25  cept that no such civil penalty shall exceed $300. The commission
26  may waive, for good cause, payment of any civil penalty imposed
27  by this section.
28    [(2)  Civil penalties provided for by this section shall be paid to
29  the state treasurer, who shall deposit the same in the state treasury
30  to the credit of the Kansas governmental ethics commission on gov-
31  ernmental standards and conduct fee fund.
32    [(3)  If a person fails to pay a civil penalty provided for by this
33  section, it shall be the duty of the attorney general or county or
34  district attorney to bring an action to recover such civil penalty in
35  the district court of the county in which such person resides.
36    [(c)  The intentional failure to file any report required by sub-
37  section (a) is a class A misdemeanor.
38    [(d)  This section shall be part of and supplemental to the cam-
39  paign finance act.
40    [Sec. 16.  K.S.A. 1996 Supp. 25-4186 is hereby amended to
41  read as follows: 25-4186. (a) Not later than 10 days after receiving
42  any contribution or making any expenditure for a gubernatorial
43  inauguration, the governor-elect shall appoint an inaugural treas-
SB 116--Am. by HCW
                                     

 1  urer. The name and address of such treasurer shall be reported to
 2  the secretary of state by the governor-elect not later than 10 days
 3  after the appointment.
 4    [(b)  No person shall make any expenditure or make or receive
 5  any contribution or receipt, in kind or otherwise, for a guberna-
 6  torial inauguration except by or through the inaugural treasurer.
 7    [(c)  The inaugural treasurer shall keep detailed accounts of all
 8  contributions and other receipts received, in kind or otherwise,
 9  and all expenditures made for a gubernatorial inauguration. Ac-
10  counts of the treasurer may be inspected under conditions deter-
11  mined by the commission and shall be preserved for a period to
12  be designated by the commission. Every person who receives a
13  contribution or other receipt, in kind or otherwise, for an inau-
14  gural treasurer more than five days before the ending date of any
15  period for which a report is required under this section shall, on
16  demand of the treasurer, or in any event on or before the ending
17  date of the reporting period, remit the same and render to the
18  treasurer an account thereof, including the name and address of
19  the person, if known, making the contribution or other receipt and
20  the date received. No contribution or other receipt received by
21  the inaugural treasurer shall be commingled with personal funds
22  of the governor-elect or inaugural treasurer.
23    [(d)  The inaugural treasurer shall file with the secretary of
24  state a report on March 10 and July 10 following the inauguration.
25  The report filed on March 10 shall be for the period ending on
26  February 28 and the report filed on July 10 shall be for the period
27  beginning on March 1 and ending on June 30. Each report shall
28  contain the information required to be stated in a report pursuant
29  to K.S.A. 25-4148 and 25-4148a, and amendments thereto, and a
30  declaration as to the correctness of the report in the form pre-
31  scribed by K.S.A. 25-4151, and amendments thereto. The July 10
32  report shall be a termination report which shall include full infor-
33  mation as to the disposition of residual funds. If a report is sent by
34  certified mail on or before the day it is due, the mailing shall con-
35  stitute receipt by the secretary of state.
36    [(e)  The aggregate amount contributed, in kind or otherwise,
37  by any person for a gubernatorial inauguration shall not exceed
38  $2,000. No person shall make a contribution in the name of an-
39  other person, and no person shall knowingly accept a contribution
40  made by one person in the name of another. No person shall give
41  or accept any contribution in excess of $10 unless the name and
42  address of the contributor is made known to the individual receiv-
43  ing the contribution. The aggregate of contributions for which the
SB 116--Am. by HCW
                                     

 1  name and address of the contributor is not known shall not exceed
 2  50% of the amount one person may contribute.
 3    [(f)  No person shall copy any name of a contributor from any
 4  report filed under this section and use such name for any com-
 5  mercial purpose, and no person shall use any name for a commer-
 6  cial purpose with knowledge that such name was obtained solely
 7  by copying information relating to contributions contained in any
 8  report filed under this section.
 9    [(g)  In addition to other reports required by this section, the
10  inaugural treasurer shall report the amount and nature of debts
11  and obligations owed for the gubernatorial inauguration, at times
12  prescribed by the commission, continuing until such debts and ob-
13  ligations are fully paid or discharged.
14    [(h)  No moneys received by any inaugural treasurer shall be
15  used or be made available for the personal use of the governor-
16  elect or governor and no such moneys shall be used by such gov-
17  ernor-elect or governor except for legitimate gubernatorial inau-
18  guration expenses.
19    [For the purpose of this subsection, expenditures for ``personal
20  use'' shall include expenditures to defray normal living expenses
21  and expenditures for personal benefit having no direct connection
22  with or effect upon the inauguration.
23    [(i)  Before the filing of a termination report in accordance with
24  this section all residual funds not otherwise obligated for the pay-
25  ment of expenses incurred for the gubernatorial inauguration shall
26  be remitted to the state treasurer who shall deposit the entire
27  amount in the state treasury and credit:
28    [(1)  To the inaugural expense fund created by K.S.A. 1996
29  Supp. 25-4187, and amendments thereto: (A) An amount equal to the
30  amount certified to the director of accounts and reports by the
31  adjutant general as the amount expended by the adjutant general
32  for expenses incurred in connection with the gubernatorial inau-
33  guration; or (B) if the amount of residual funds is less than the
34  amount certified, the entire amount of the deposit; and
35    [(2)  to the Kansas governmental ethics commission on govern-
36  mental standards and conduct fee fund created by K.S.A. 25-4119e
37  and amendments thereto, any remaining balance.
38    [(j) (1)  The commission shall send a notice by registered or
39  certified mail to any inaugural treasurer who fails to file any report
40  required by this section within the time period prescribed there-
41  for. The notice shall state that the required report has not been
42  filed with the office of the secretary of state. The notice shall also
43  state that the treasurer shall have 15 days from the date such notice
SB 116--Am. by HCW
                                     

 1  is deposited in the mail to comply with the reporting requirements
 2  before a civil penalty shall be imposed for each day that the re-
 3  quired documents remain unfiled. If the treasurer fails to comply
 4  within the prescribed period, the treasurer shall pay to the state a
 5  civil penalty of $10 per day for each day that the report remains
 6  unfiled, except that no such civil penalty shall exceed $300. The
 7  commission may waive, for good cause, payment of any civil pen-
 8  alty imposed by this subsection.
 9    [(2)  Civil penalties provided for by this subsection shall be paid
10  to the state treasurer, who shall deposit the entire amount in the
11  state treasury and credit it to the Kansas governmental ethics com-
12  mission on governmental standards and conduct fee fund.
13    [(3)  If a person fails to pay a civil penalty provided for by this
14  section, it shall be the duty of the attorney general to bring an
15  action to recover such civil penalty in the district court of Shawnee
16  county.
17    [(k)  Any violation of subsection (e), (f) or (h) or any intentional
18  failure to file any report required by this section is a class A mis-
19  demeanor.
20    [(l)  Nothing in this section shall be construed to apply to ex-
21  penditures of state moneys related to any inaugural activity.
22    [(m)  This section shall be part of and supplemental to the cam-
23  paign finance act.
24    [Sec. 17.  K.S.A. 46-246a is hereby amended to read as follows:
25  46-246a. (a) From and after the effective date of this act, no state
26  officer or employee shall advocate or cause the employment, ap-
27  pointment, promotion, transfer or advancement to any office or
28  position of the state, of a member of such officer's or employee's
29  household or a family member.
30    [(b)  No state officer or employee shall participate in an action
31  relating to the employment or discipline of a member of the offi-
32  cer's or employee's household or a family member.
33    [(c)  The provisions of this section shall not apply to appoint-
34  ments of members of the governor's staff, nor shall it apply to any
35  action involving the employment, appointment, promotion, trans-
36  fer or advancement of any officer or employee occurring prior to
37  the effective date of this act.
38    [(d)  The provisions of this section shall be subject to interpre-
39  tation and enforcement by the Kansas governmental ethics commis-
40  sion on governmental standards and conduct in the manner provided
41  by K.S.A. 46-253 through 46-263, and amendments thereto.
42    [Sec. 18.  K.S.A. 46-253 is hereby amended to read as follows:
43  46-253. ``Commission'' as used in K.S.A. 46-215 to 46-280, inclu-
SB 116--Am. by HCW
                                     

 1  sive, and any amendments thereto, and K.S.A. 46-248a means the
 2  Kansas governmental ethics commission on governmental standards and
 3  conduct created by K.S.A. 25-4119a, and amendments thereto. The com-
 4  mission may adopt rules and regulations for the administration of
 5  the provisions of K.S.A. 46-215 to 46-280, inclusive, and amend-
 6  ments thereto, and K.S.A. 46-248a, and amendments thereto. Any
 7  such rules and regulations adopted by the Kansas public disclosure
 8  commission on governmental standards and conduct shall continue in
 9  force and effect and shall be deemed to be the rules and regula-
10  tions of the commission created by K.S.A. 25-4119a, and amendments
11  thereto, until revised, amended, repealed or nullified pursuant to
12  law. All rules and regulations of the commission shall be subject
13  to the provisions of article 4 of chapter 77 of Kansas Statutes An-
14  notated.
15    [Sec. 19.  K.S.A. 1996 Supp. 46-265 is hereby amended to read
16  as follows: 46-265. (a) Every lobbyist shall register with the sec-
17  retary of state by completing and signing a registration form pre-
18  scribed and provided by the commission. Such registration shall
19  show the name and address of the lobbyist, the name and address
20  of the person compensating the lobbyist for lobbying, the purpose
21  of the employment and the method of determining and computing
22  the compensation of the lobbyist. If the lobbyist is compensated
23  or to be compensated for lobbying by more than one employer or
24  is to be engaged in more than one employment, the relevant facts
25  listed above shall be separately stated for each employer and each
26  employment. Whenever any new lobbying employment or lobby-
27  ing position is accepted by a lobbyist already registered as pro-
28  vided in this section, such lobbyist shall report the same on forms
29  prescribed and provided by the commission before engaging in
30  any lobbying activity related to such new employment or position,
31  and such report shall be filed with the secretary of state. When a
32  lobbyist is an employee of a lobbying group or firm which contracts
33  to lobby and not an owner or partner of such entity, the lobbyist
34  shall report each client of the group, firm or entity whose interest
35  the lobbyist represents. Whenever the lobbying of a lobbyist con-
36  cerns a legislative matter, the secretary of state shall promptly
37  transmit copies of each registration and each report filed under
38  this act to the secretary of the senate and the chief clerk of the
39  house of representatives.
40    [(b)  On or after October 1, in any year any person may register
41  as a lobbyist under this section for the succeeding calendar year.
42  Such registration shall expire annually on December 31, of the
43  year for which the lobbyist is registered. In any calendar year,
SB 116--Am. by HCW
                                     

 1  before engaging in lobbying, persons to whom this section applies
 2  shall register or renew their registration as provided in this sec-
 3  tion. Except for employees of lobbying groups or firms, every per-
 4  son registering or renewing registration who anticipates spending
 5  $1,000 or less for lobbying in such registration year on behalf of
 6  any one employer shall pay to the secretary of state a fee of $30
 7  for lobbying for each such employer. Except for employees of lob-
 8  bying groups or firms, every person registering or renewing reg-
 9  istration who anticipates spending more than $1,000 for lobbying
10  in such registration year on behalf of any one employer shall pay
11  to the secretary of state a fee of $250 for lobbying for such em-
12  ployer. Any lobbyist who at the time of initial registration antici-
13  pated spending less than $1,000, on behalf of any one employer,
14  but at a later date spends in excess of such amount, shall, within
15  three days of the date when expenditures exceed such amount, file
16  an amended registration form which shall be accompanied by an
17  additional fee of $220 for such year. Every person registering or
18  renewing registration as a lobbyist who is an employee of a lob-
19  bying group or firm and not an owner or partner of such entity
20  shall pay an annual fee of $300. The secretary of state shall remit
21  all moneys received under this section to the state treasurer, and
22  the state treasurer shall deposit the same in the state treasury to
23  the credit of the Kansas governmental ethics commission on govern-
24  mental standards and conduct fee fund.
25    [(c)  Any person who has registered as a lobbyist pursuant to
26  this act may file, upon termination of such person's lobbying ac-
27  tivities, a statement terminating such person's registration as a lob-
28  byist. Such statement shall be on a form prescribed by the com-
29  mission and shall state the name and address of the lobbyist, the
30  name and address of the person compensating the lobbyist for lob-
31  bying and the date of the termination of the lobbyist's lobbying
32  activities.
33    [(d)  No person who has failed or refused to pay any civil penalty
34  imposed pursuant to K.S.A. 46-280, and amendments thereto, shall
35  be authorized or permitted to register as a lobbyist in accordance
36  with this section until such penalty has been paid in full.
37    [Sec. 20.  K.S.A. 46-280 is hereby amended to read as follows:
38  46-280. (a) The commission shall send a notice by registered or
39  certified mail to any person failing to register or to file any report
40  or statement as required by K.S.A. 46-247, 46-265 or 46-268, and
41  amendments thereto, within the time period prescribed therefor.
42  The notice shall state that the required registration, report or
43  statement had not been filed with the office of secretary of state.
SB 116--Am. by HCW
                                     

 1  The notice shall also state that such person shall have five days
 2  from the date of receipt of such notice to comply with the regis-
 3  tration and reporting requirements before a civil penalty shall be
 4  imposed for each day that the required documents remain unfiled.
 5  If such person fails to comply within such period, such person shall
 6  pay to the state a civil penalty of $10 per day for each day that
 7  such person remains unregistered or that such report or statement
 8  remains unfiled, except that no such civil penalty shall exceed
 9  $300. The commission may waive, for good cause, payment of any
10  civil penalty imposed hereunder.
11    [(b)  Whenever the commission shall determine that any report
12  filed by a lobbyist as required by K.S.A. 46-269, and amendments
13  thereto, is incorrect, incomplete or fails to provide the information
14  required by such section, the commission shall notify such lobbyist
15  by registered or certified mail, specifying the deficiency. Such no-
16  tice shall state that the lobbyist shall have 30 days from the date
17  of the receipt of such notice to file an amended report correcting
18  such deficiency before a civil penalty will be imposed and the reg-
19  istration of such lobbyist revoked and the badge be required to be
20  returned to the office of the secretary of state. A copy of such
21  notice shall be sent to the office of the secretary of state. If such
22  lobbyist fails to file an amended report within the time specified,
23  such lobbyist shall pay to the commission a civil penalty of $10 per
24  day for each day that such person fails to file such report except
25  that no such civil penalty shall exceed $300. On the 31st day fol-
26  lowing the receipt of such notice the registration of any lobbyist
27  failing to file such amended report shall be revoked.
28    [(c)  Civil penalties provided for by this section shall be paid to
29  the state treasurer, who shall deposit the same in the state treasury
30  to the credit of the Kansas governmental ethics commission on gov-
31  ernmental standards and conduct fee fund.
32    [(d) (1)  Except as provided in subsection (2), if a person fails
33  to pay a civil penalty provided for by this section, it shall be the
34  duty of the attorney general or county or district attorney to bring
35  an action to recover such civil penalty in the district court of the
36  county in which such person resides.
37    [(2)  If a person required to file under subsection (f) of K.S.A.
38  46-247, and amendments thereto, fails to pay a civil penalty pro-
39  vided for by this section, it shall be the duty of the attorney general
40  to bring an action to recover such civil penalty in the district court
41  of Shawnee County, Kansas.
42    [Sec. 21.  K.S.A. 46-288 is hereby amended to read as follows:
43  46-288. The commission, in addition to any other penalty pre-
SB 116--Am. by HCW
                                     

 1  scribed under K.S.A. 46-215 through 46-286, and amendments
 2  thereto, may assess a civil fine, after proper notice and an oppor-
 3  tunity to be heard, against any person for a violation pursuant to
 4  K.S.A. 46-215 through 46-286, and amendments thereto, in an
 5  amount not to exceed $5,000 for the first violation, not to exceed
 6  $10,000 for the second violation and not to exceed $15,000 for the
 7  third violation and for each subsequent violation. All fines assessed
 8  and collected under this section shall be remitted promptly to the
 9  state treasurer. Upon receipt thereof, the state treasurer shall de-
10  posit the entire amount in the state treasury and credit it to the
11  Kansas governmental ethics commission on governmental standards and
12  conduct fee fund.
13    [Sec. 22.  K.S.A. 1996 Supp. 75-4302a is hereby amended to
14  read as follows: 75-4302a. (a) The statement of substantial interests
15  shall include all substantial interests of the individual making the
16  statement.
17    [(b)  Statements of substantial interests shall be filed by the fol-
18  lowing individuals at the times specified:
19    [(1)  By a candidate for local office who becomes a candidate
20  on or before the filing deadline for the office, not later than 10
21  days after the filing deadline, unless before that time the candidacy
22  is officially declined or rejected.
23    [(2)  By a candidate for local office who becomes a candidate
24  after the filing deadline for the office, within five days of becoming
25  a candidate, unless within that period the candidacy is officially
26  declined or rejected.
27    [(3)  By an individual appointed on or before April 30 of any
28  year to fill a vacancy in an elective office of a governmental sub-
29  division, between April 15 and April 30, inclusive, of that year.
30    [(4)  By an individual appointed after April 30 of any year to fill
31  a vacancy in an elective office of a governmental subdivision,
32  within 15 days after the appointment.
33    [(5)  By any individual holding an elective office of a govern-
34  mental subdivision, between April 15 and April 30, inclusive, of
35  any year if, during the preceding calendar year, any change oc-
36  curred in the individual's substantial interests.
37    [(c)  The statement of substantial interests required to be filed
38  pursuant to this section shall be filed in the office where declara-
39  tions of candidacy for the local governmental office sought or held
40  by the individual are required to be filed.
41    [(d)  The Kansas governmental ethics commission on governmental
42  standards and conduct shall adopt rules and regulations prescribing
43  the form and the manner for filing the disclosures of substantial
SB 116--Am. by HCW
                                     

 1  interests required by law. The commission shall provide samples
 2  of the form of the statement to each county election officer.
 3    [(e)  If an individual or an individual's spouse holds the position
 4  of officer, director, associate, partner or proprietor in an organi-
 5  zation exempt from federal taxation of corporations under section
 6  501(c)(3), (4), (6), (7), (8), (10) or (19) of chapter 26 of the United
 7  States code, the individual shall comply with all disclosure provi-
 8  sions of subsections (a), (b), (c) and (d) of this section notwithstand-
 9  ing the provisions of K.S.A. 75-4301, and amendments thereto,
10  which provide that these individuals may not have a substantial
11  interest in these corporations.
12    [Sec. 23.  K.S.A. 1996 Supp. 75-4303a is hereby amended to
13  read as follows: 75-4303a. (a) The Kansas governmental ethics com-
14  mission on governmental standards and conduct shall render advisory
15  opinions on the interpretation or application of K.S.A. 75-4301a,
16  75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amend-
17  ments thereto. The opinions shall be rendered after receipt of a
18  written request therefor by a local governmental officer or em-
19  ployee or by any person who has filed as a candidate for local
20  office. Any person who requests and receives an advisory opinion
21  and who acts in accordance with its provisions shall be presumed
22  to have complied with the provisions of the general conflict of in-
23  terests law. A copy of any advisory opinion rendered by the com-
24  mission shall be filed by it in the office of the secretary of state,
25  and any opinion so filed shall be open to public inspection. All
26  requests for advisory opinions shall be directed to the secretary of
27  state who shall notify the commission thereof.
28    [(b)  The Kansas governmental ethics commission on governmental
29  standards and conduct shall administer K.S.A. 75-4301a, 75-4302a,
30  75-4303a, 75-4304, 75-4305 and 75-4306, and amendments
31  thereto, and may adopt rules and regulations therefor.
32    [Sec. 24.  K.S.A. 21-3914, [25-2023,] 25-4119a, 25-4119e, [25-
33  4153a,] [25-4156,] 25-4180, 45-220, 46-246a, 46-253, 46-271, 46-
34  277, 46-280 and 46-288 and K.S.A. 1996 Supp. 25-4119f, 25-4143,
35  25-4145, 25-4152, [25-4181,] 25-4186, 46-236, 46-237, 46-265,
36  75-4302a and 75-4303a are hereby repealed.]
37    [Sec. 25.  K.S.A. 1996 Supp. 25-4181 is hereby amended to
38  read as follows: 25-4181. (a) The commission, in addition to any
39  other penalty prescribed under the campaign finance act, may as-
40  sess a civil fine, after proper notice and an opportunity to be heard,
41  against any person for a violation of the campaign finance act in
42  an amount not to exceed $5,000 for the first violation, $10,000 for
43  the second violation and $15,000 for the third violation and for
SB 116--Am. by HCW
                                     

 1  each subsequent violation. Whenever any civil fine or penalty is
 2  proposed to be assessed against the treasurer of any candidate who
 3  is not also the candidate, such notice shall be given to both the
 4  treasurer and the candidate prior to the assessment of such fine
 5  or penalty. All fines assessed and collected under this section shall
 6  be remitted promptly to the state treasurer. Upon receipt thereof,
 7  the state treasurer shall deposit the entire amount in the state
 8  treasury and credit it to the Kansas governmental ethics commission
 9  on governmental standards and conduct fee fund.
10    [(b)  In addition to any other penalty prescribed under subsection (a)
11  or any other penalty prescribed under the campaign finance act, the com-
12  mission may assess a civil fine, after proper notice and an opportunity to
13  be heard, against any candidate who accepts, or whose candidate com-
14  mittee accepts, contributions in excess of the limitations specified in sub-
15  sections (a), (d), (g) and (i) of K.S.A. 25-4153 and 25-4153a, and amend-
16  ments thereto. The amount of such penalty shall be equal to 1/2 of the
17  amount which is in excess of the amount authorized by such subsections,
18  not to exceed $100. Such penalty may be imposed without proof of intent
19  to violate the provisions of such subsections. The commission may waive,
20  for good cause, payment of any civil fine imposed pursuant to this sub-
21  section.
22    [(b) (c)  No individual who has failed to pay any civil penalty or
23  civil fine assessed, or failed to file any report required to be filed,
24  under the campaign finance act, unless such penalty or fine has
25  been waived or is under appeal, shall be eligible to become a can-
26  didate for state office or local office under the laws of the state
27  until such penalty or fine has been paid or is on appeal or such
28  report has been filed or both such penalty or fine has been paid
29  and such report filed.]
30    Sec. 3 [4] [7] [26].  This act shall take effect and be in force from
31  and after its publication in the statute book.