Brief(1)
S.B. 454 amends the Campaign Finance Act by providing that any person who intentionally aids, abets, advises, hires, counsels, or procures another person to commit a violation of the Act also violates the Act themselves. The bill also makes an aider or abettor liable for any other violations of the Act if the other violations are reasonably foreseeable by the person as a probable consequence of committing the violation. In addition, an aider or abettor may be charged with a violation of the Act even if the person directly responsible for the alleged violation is found innocent of that violation. Finally, the bill imposes the same penalty for a violation by an aider or abettor as a person who directly violated the Act.
The bill also clarifies that K.S.A. 25-4186 which concerns reporting requirements for gubernatorial inauguration contributions and expenditures is part of the Campaign Finance Act as well as Section 2 of S.B. 454 dealing with aiding and abetting.
Background
A representative of the Kansas Commission on Governmental Standards and Conduct testified that the bill was a recommendation by the Commission to the Legislature in its 1997 Annual Report. According to the representative, the bill authorizes the Commission to civilly prosecute persons who violate the Campaign Finance Act by aiding or abetting another person to commit a violation of the Act.
According to the fiscal note, the bill would have no fiscal impact on the state.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.