Session of 1999
HOUSE BILL No. 2229
By Committee on Governmental Organization and Elections
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9 AN ACT concerning campaign finance; relating to certain reports;
10 amending K.S.A. 1998 Supp. 25-4148 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 25-4148 is hereby amended to read as
15 follows: 25-4148. (a) Every treasurer shall file a report prescribed by this
16 section. Reports filed by treasurers for candidates for state office, other
17 than officers elected on a state-wide basis, shall be filed in both the office
18 of the secretary of state and in the office of the county election officer of
19 the county in which the candidate is a resident. Reports filed by treasurers
20 for candidates for state-wide office shall be filed only with the secretary
21 of state. Reports filed by treasurers for candidates for local office shall be
22 filed in the office of the county election officer of the county in which
23 the name of the candidate is on the ballot. Except as otherwise provided
24 by subsection (h), all such reports shall be filed in time to be received in
25 the offices required on or before each of the following days:
26 (1) The eighth day preceding the primary election, which. Such re-
27 port shall be for the period beginning on January 1 of the election year
28 for the office the candidate is seeking and ending 12 days before the
29 primary election, inclusive;.
30 (2) The eighth day preceding a general election, which. Such report
31 shall be for the period beginning 11 days before the primary election and
32 ending 12 days before the general election, inclusive;.
33 (3) January 10 of the year after an election year, which. Such report
34 shall be for the period beginning 11 days before the general election and
35 ending on December 31, inclusive;.
36 (4) For any calendar year when no election is held, a report shall be
37 filed on the next January 10 for the preceding calendar year;.
38 (5) A treasurer shall file only the annual report required by subsection
39 (4) for those years when the candidate is not participating in a primary
40 or general election.
41 (b) Each report required by this section shall state:
42 (1) Cash on hand on the first day of the reporting period;.
43 (2) Except as provided by subsection (c), the name and address of
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1 each person who has made one or more contributions in an aggregate
2 amount or value in excess of $50 during the election period together with
3 and the amount and date of such contributions, including. Each report
4 shall include the name and address of every lender, guarantor and en-
5 dorser when a contribution is in the form of an advance or loan;.
6 (3) The aggregate amount of all proceeds from bona fide sales of
7 political materials such as including, but not limited to, political campaign
8 pins, buttons, badges, flags, emblems, hats, banners and literature;.
9 (4) The aggregate amount of contributions for which the name and
10 address of the contributor is not known;.
11 (5) Each contribution, rebate, refund or other receipt not otherwise
12 listed;.
13 (6) The total of all receipts;.
14 (7) The name and address of each person to whom expenditures have
15 been made in an aggregate amount or value in excess of $50, with and
16 the amount, date, and purpose of each such expenditures; the names and
17 addresses of all persons to whom any loan or advance has been made;.
18 When an expenditure is made by payment to an advertising agency, public
19 relations firm or political consultants for disbursement to vendors, the
20 report of such expenditure shall show in detail the name of each such
21 vendor and the amount, date and purpose of the payments to each;
22 (8) The name and address of each person from whom an in-kind
23 contribution was received or who has paid for personal services provided
24 without charge to or for any candidate, candidate committee, party com-
25 mittee or political committee, if the contribution is in excess of $50 and
26 is not otherwise reported under subsection (b)(7), and the amount, date
27 and purpose of the contribution;.
28 (9) (A) The name and address of each candidate for state or local
29 office for whom an expenditure in the form of an in-kind contribution has
30 been made in an aggregate amount or having a fair market value in excess
31 of $50, with the amount, date and purpose of each. The report shall show
32 in detail the specific service or product provided; and (B) the name and
33 address of each candidate for state or local office for whom an expenditure
34 which: (i) Is made without the cooperation or consent of a candidate or
35 candidate committee; (ii) expressly advocates the nomination, election or
36 defeat of such candidate; and (iii) is in an aggregate amount or having a
37 fair market value in excess of $50. The report shall state the amount, date
38 and purpose of each. The report shall show in detail the specific service
39 or product provided. The reporting requirements imposed by this para-
40 graph (9) shall be in addition to all other requirements required by this
41 section. The provisions of this paragraph (9) shall apply only to political
42 committees and party committees.
43 (9) (10) The aggregate of all expenditures not otherwise reported
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1 under this section; and.
2 (10) (11) The total of expenditures.
3 (c) Treasurers of candidates and of candidate committees shall be
4 required to itemize, as provided in subsection (b)(2), only itemize the
5 purchase of tickets or admissions to testimonial events by a person who
6 purchases such tickets or admissions in an aggregate amount or value in
7 excess of $50 per event, or who purchases such a ticket or admission at
8 a cost exceeding $25 per ticket or admission. All other purchases of tickets
9 or admissions to testimonial events shall be reported in an aggregate
10 amount and shall not be subject to the limitations specified in K.S.A. 25-
11 4154, and amendments thereto.
12 (d) If a contribution or other receipt from a political committee is
13 required to be reported under subsection (b), the report shall include the
14 full name of the organization with which the political committee is con-
15 nected or affiliated or, name or a description sufficiently describing of
16 the connection or affiliation or, to such organization. If the committee is
17 not connected or affiliated with any one organization, the report shall
18 state the trade, profession or primary interest of the political committee
19 as reflected by the statement of purpose of such organization.
20 (e) The commission may require any treasurer to file an amended
21 report for any period for which the original report filed by such treasurer
22 contains material errors or omissions, and. The notice of the errors or
23 omissions shall be part of the public record. The amended report shall
24 be filed within 30 days after notice by the commission.
25 (f) The commission may require any treasurer to file a report for any
26 period for which the required report is not on file, and. The notice of the
27 failure to file shall be part of the public record. Such report shall be filed
28 within five days after notice by the commission.
29 (g) For the purpose of any report required to be filed pursuant to
30 subsection (a) by the treasurer of any candidate seeking nomination by
31 convention or caucus or by the treasurer of the candidate's committee or
32 by the treasurer of any party committee or political committee, the date
33 of the convention or caucus shall be considered the date of the primary
34 election.
35 (h) If a report is sent by certified or registered mail on or before the
36 day it is due, the mailing shall constitute receipt by that office.
37 Sec. 2. K.S.A. 1998 Supp. 25-4148 is hereby repealed.
38 Sec. 3. This act shall take effect and be in force from and after its
39 publication in the statute book.