Session of 1998
                   
SENATE BILL No. 391
         
By Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap,
         
Gooch, Goodwin, Jones, Karr, Lee, Petty and Steineger
         
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          10             AN ACT concerning campaign finance; requiring the reporting of certain
11             information; amending K.S.A. 25-4150 and K.S.A. 1997 Supp. 25-4152
12             and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 25-4150 is hereby amended to read as follows:
16       25-4150. (a) The purpose of this section is to maintain the integrity of the
17       election process, inform the electorate of sponsors of efforts to influence
18       elections and foster a climate of honesty perceptible to the public by re-
19       quiring persons who make independent expenditures in an attempt to
20       influence the outcome of elections in this state to disclose publicly the
21       name of the person making such expenditures, the source of such person's
22       money and how such money is expended.
23           (b) Except as specifically provided by this section, the words and
24       phrases used in this section shall have the same meaning ascribed thereto
25       by K.S.A. 25-4143, and amendments thereto.
26           (c) When used in this section:
27           (1) ``Person'' means a person as defined by K.S.A. 25-4143, and
28       amendments thereto, who makes expenditures in an aggregate amount of
29       $100 or more within a calendar year.
30           (2) ``Expenditure'' means:
31           (A) Any purchase, payment, distribution, loan, advance, deposit or
32       gift of money or any other thing of value made for the purpose of:
33           (i) Directly or indirectly influencing the nomination or election of any
34       candidate; (ii) providing information which has the effect of directly or
35       indirectly influencing the nomination or election of any candidate; or (iii)
36       influencing the outcome of any election;
37           (B) any contract to make an expenditure;
38           (C) a transfer of funds between any two or more candidate commit-
39       tees, party committees or political committees; and
40           (D) payment of a candidate's filing fees.
41           (3) ``Expenditure'' does not include:
42           (A) The value of volunteer services provided without compensation;
43           (B) costs to a volunteer incidental to the rendering of volunteer serv-

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  1       ices not exceeding a fair market value of $50 during an allocable election
  2       period as provided in K.S.A. 25-4149 and amendments thereto;
  3           (C) payment by a candidate or candidate's spouse for personal meals,
  4       lodging and travel by personal automobile of the candidate or candidate's
  5       spouse while campaigning or payment of such costs by the treasurer of a
  6       candidate or candidate committee;
  7           (D) the value of goods donated to events such as testimonial events,
  8       bake sales, garage sales and auctions by any person not exceeding fair
  9       market value of $50 per event;
10           (E) any communication by an incumbent elected state or local officer
11       with one or more individuals unless the primary purpose thereof is to
12       directly or indirectly influence the nomination or election of any candidate
13       or providing information which has the effect of directly or indirectly
14       influencing the nomination or election of any candidate;
15           (F) costs associated with any news story, commentary or editorial
16       distributed in the ordinary course of business by a broadcasting station,
17       newspaper, other periodical publication or by internet communication;
18           (G) costs associated with nonpartisan activities designed to encourage
19       individuals to register to vote or to vote; or
20           (H) costs associated with internal organizational communications of
21       business, labor, professional or other associations.
22           (d) Every person, other than a candidate or a candidate committee,
23       party committee or political committee, who makes contributions or ex-
24       penditures, other than by contribution to a candidate or a candidate com-
25       mittee, party committee or political committee, in an aggregate amount
26       of $100 or more within a calendar year shall make statements containing
27       the information required by K.S.A. 25-4148 and amendments thereto,
28       and file them in the office or offices required so that each such statement
29       is in such office or offices on the day specified in K.S.A. 25-4148 and
30       amendments thereto. If such contributions or expenditures are made to
31       support or oppose a candidate for state office, other than that of an officer
32       elected on a state-wide basis such statement shall be filed in both the
33       office of the secretary of state and in the office of the county election
34       officer of the county in which the candidate is a resident. If such contri-
35       butions or expenditures are made to support or oppose a candidate for
36       statewide office such statement shall be filed only in the office of the
37       secretary of state. If such contributions or expenditures are made to sup-
38       port or oppose a candidate for local office such statement shall be filed
39       in the office of the county election officer of the county in which the
40       candidate is a resident. Reports made under this section need not be
41       cumulative.
42           Sec. 2. K.S.A. 1997 Supp. 25-4152 is hereby amended to read as
43       follows: 25-4152. (a) The commission shall send a notice by registered or

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  1       certified mail to any person failing to file any report or statement required
  2       by K.S.A. 25-4144, 25-4145 or 25-4148, 25-4148 or 25-4150, and amend-
  3       ments thereto, and to the candidate appointing any treasurer failing to
  4       file any such report, within the time period prescribed therefor. The no-
  5       tice shall state that the required report or statement has not been filed
  6       with either the office of secretary of state or county election officer or
  7       both. The person failing to file any report or statement, and the candidate
  8       appointing any such person, shall be responsible for the filing of such
  9       report or statement. The notice also shall also state that such person shall
10       have 15 days from the date such notice is deposited in the mail to comply
11       with the registration and reporting requirements before a civil penalty
12       shall be imposed for each day that the required documents remain un-
13       filed. If such person fails to comply within the prescribed period, such
14       person shall pay to the state a civil penalty of $10 per day for each day
15       that such report or statement remains unfiled, except that no such civil
16       penalty shall exceed $300. The commission may waive, for good cause,
17       payment of any civil penalty imposed by this section.
18           (b) Civil penalties provided for by this section shall be paid to the
19       state treasurer, who shall deposit the same in the state treasury to the
20       credit of the Kansas commission on governmental standards and conduct
21       fee fund.
22           (c) If a person fails to pay a civil penalty provided for by this section,
23       it shall be the duty of the attorney general or county or district attorney
24       to bring an action to recover such civil penalty in the district court of the
25       county in which such person resides.
26           Sec. 3. K.S.A. 25-4150 and K.S.A. 1997 Supp. 25-4152 are hereby
27       repealed.
28           Sec. 4. This act shall take effect and be in force from and after its
29       publication in the statute book.
30      
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