Session of 2023
HOUSE BILL No. 2165
By Committee on Elections
1-25
AN ACT concerning campaign finance; relating to governmental ethics;
extending the time frame for governmental ethics commission hearings;
making technical amendments; amending K.S.A. 25-4148, 25-4156,
25-4161, 25-4174, 46-255, 46-256, 46-265 and 46-280 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 25-4148 is hereby amended to read as follows: 25-
4148. (a) Every treasurer shall file a report prescribed by this section.
Reports filed by treasurers for candidates for state office, other than
officers elected on a state-wide basis, shall be filed in both with the office
of the secretary of state. Reports filed by treasurers for candidates for
state-wide office shall be filed electronically and only with the secretary of
state. Reports filed by treasurers for candidates for local office shall be
filed in the office of the county election officer of the county in which the
name of the candidate is on the ballot. Except as otherwise provided by
subsection (h), all such reports shall be filed in time to be received in the
offices required on or before each of the following days:
(1) The eighth 8
th
day preceding the primary election, which report
shall be for the period beginning on January 1 of the election year for the
office the candidate is seeking and ending 12 days before the primary
election, inclusive;
(2) the eighth day preceding a general election, which report shall be
for the period beginning 11 days before the primary election and ending 12
days before the general election, inclusive;
(3) January 10 of the year after an election year, which report shall be
for the period beginning 11 days before the general election and ending on
December 31, inclusive;
(4) for any calendar year when no election is held, a report shall be
filed on the next January 10 for the preceding calendar year; and
(5) a treasurer shall file only the annual report required by subsection
(4) for those years when the candidate is not participating in a primary or
general election.
(b) Each report required by this section shall state:
(1) Cash on hand on the first day of the reporting period;
(2) the name and address of each person who has made one or more
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contributions in an aggregate amount or value in excess of $50 during the
election period together with the amount and date of such contributions,
including the name and address of every lender, guarantor and endorser
when a contribution is in the form of an advance or loan;
(3) the aggregate amount of all proceeds from bona fide sales of
political materials such as, but not limited to, political campaign pins,
buttons, badges, flags, emblems, hats, banners and literature;
(4) the aggregate amount of contributions for which the name and
address of the contributor is not known;
(5) each contribution, rebate, refund or other receipt not otherwise
listed;
(6) the total of all receipts;
(7) the name and address of each person to whom expenditures have
been made in an aggregate amount or value in excess of $50, with the
amount, date, and purpose of each; the names and addresses of all persons
to whom any loan or advance has been made; when an expenditure is
made by payment to an advertising agency, public relations firm or
political consultants for disbursement to vendors, the report of such
expenditure shall show in detail the name of each such vendor; and the
amount, date and purpose of the payments to each;
(8) the name and address of each person from whom an in-kind
contribution was received or who has paid for personal services provided
without charge to or for any candidate, candidate committee, party
committee or political committee, if the contribution is in excess of $100
and is not otherwise reported under subsection (b)(7), and the amount, date
and purpose of the contribution;
(9) the aggregate of all expenditures not otherwise reported under this
section; and
(10) the total of expenditures.
(c) In addition to the requirements of subsection (b), every treasurer
for any political committee and party committee shall report the following:
(1) (A) The name and address of each candidate for state or local
office for whom an expenditure in the form of an in-kind contribution has
been made in an aggregate amount or having a fair market value in excess
of $300, with the amount, date and purpose of each. The report shall show
in detail the specific service or product provided; and
(B) the name and address of each candidate for state or local office
who is the subject of an expenditure which that:
(i) Is made without the cooperation or consent of a candidate or
candidate committee;
(ii) expressly advocates the nomination, election or defeat of such
candidate; and
(iii) is an aggregate amount or having a fair market value in excess of
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$300.
(2) The report shall state the amount, date and purpose of the
expenditure in the form of an in-kind contribution. The report shall show
in detail the specific service or product provided. The reporting
requirements imposed by this subsection shall be in addition to all other
requirements required by this section.
(d) Treasurers of candidates and of candidate committees shall
itemize the purchase of tickets or admissions to testimonial events by a
person who purchases such tickets or admissions in an aggregate amount
or value in excess of $50 per event, or who purchases such a ticket or
admission at a cost exceeding $25 per ticket or admission. All other
purchases of tickets or admissions to testimonial events shall be reported
in an aggregate amount and shall not be subject to the limitations specified
in K.S.A. 25-4154, and amendments thereto.
(e) If a contribution or other receipt from a political committee is
required to be reported under subsection (b), the report shall include the
full name of the organization with which the political committee is
connected or affiliated or, a description of the connection to or affiliation
with such organization. If, the committee is not connected or affiliated
with any one organization, the report shall state the trade, profession or
primary interest of the political committee as reflected by the statement of
purpose of such organization.
(f) The commission may require any treasurer to file an amended
report for any period for which the original report filed by such treasurer
contains material errors or omissions. The notice of the errors or omissions
shall be part of the public record. The amended report shall be filed within
30 days after notice by the commission.
(g) The commission may require any treasurer to file a report for any
period for which the required report is not on file. The notice of the failure
to file shall be part of the public record. Such report shall be filed within
five days after notice by the commission.
(h) For the purpose of any report required to be filed pursuant to
subsection (a) by the treasurer of any candidate seeking nomination by
convention or caucus or by the treasurer of the candidate's committee or by
the treasurer of any party committee or political committee, the date of the
convention or caucus shall be considered the date of the primary election.
(i) If a report is sent by certified or registered mail on or before the
day it is due, the mailing shall constitute receipt by that office.
(j) Any report required by this section may be signed by the candidate
in lieu of the candidate's treasurer or the treasurer of the candidate's
committee.
Sec. 2. K.S.A. 25-4156 is hereby amended to read as follows: 25-
4156. (a) (1) Whenever any person sells space in any newspaper, magazine
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or other periodical to a candidate or to a candidate committee, party
committee or political committee, the charge made for the use of such
space shall not exceed the charges made for comparable use of such space
for other purposes.
(2) Intentionally charging an excessive amount for political
advertising is a class A misdemeanor.
(b) (1) Except as provided in paragraph (2), corrupt political
advertising of a state or local office is:
(A) Publishing or causing to be published in a newspaper or other
periodical any paid matter that expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless such matter is followed by the word "advertisement" or the
abbreviation "adv." in a separate line together with the name of the
chairperson or treasurer of the political or other organization sponsoring
the same or the name of the individual who is responsible therefor;
(B) broadcasting or causing to be broadcast by any radio or television
station any paid matter that expressly advocates the nomination, election
or defeat of a clearly identified candidate for a state or local office, unless
such matter is followed by a statement that states: "Paid for" or
"Sponsored by" followed by the name of the sponsoring organization and
the name of the chairperson or treasurer of the political or other
organization sponsoring the same or the name of the individual who is
responsible therefor;
(C) telephoning or causing to be contacted by any telephonic means
including, but not limited to, any device using a voice over internet
protocol or wireless telephone, any paid matter that expressly advocates
the nomination, election or defeat of a clearly identified candidate for a
state or local office, unless such matter is preceded by a statement that
states: "Paid for" or "Sponsored by" followed by the name of the
sponsoring organization and the name of the chairperson or treasurer of the
political or other organization sponsoring the same or the name of the
individual who is responsible therefor;
(D) publishing or causing to be published any brochure, flier or other
political fact sheet that expressly advocates the nomination, election or
defeat of a clearly identified candidate for a state or local office, unless
such matter is followed by a statement that states: "Paid for" or
"Sponsored by" followed by the name of the chairperson or treasurer of the
political or other organization sponsoring the same or the name of the
individual who is responsible therefor.
The provisions of this subparagraph (D) requiring the disclosure of the
name of an individual shall not apply to individuals making expenditures
in an aggregate amount of less than $2,500 within a calendar year; or
(E) making or causing to be made any website, e-mail email or other
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type of internet communication that expressly advocates the nomination,
election or defeat of a clearly identified candidate for a state or local
office, unless the matter is followed by includes a statement that is clear
and conspicuous and states: "Paid for" or "Sponsored by" followed by the
name of the chairperson or treasurer of the political or other organization
sponsoring the same or the name of the individual who is responsible
therefor.
The provisions of this subparagraph (E) requiring the disclosure of the
name of an individual shall apply only to any website, email or other type
of internet communication that is made by the candidate, the candidate's
candidate committee, a political committee or a party committee and the
website, email or other internet communication viewed by or disseminated
to at least 25 individuals. For the purposes of this subparagraph, the terms
"candidate," "candidate committee," "party committee" and "political
committee" shall have the meanings ascribed to them mean the same as
defined in K.S.A. 25-4143, and amendments thereto.
(2) The provisions of subsections (b)(1)(C) and (E) shall not apply to
the publication of any communication that expressly advocates the
nomination, election or defeat of a clearly identified candidate for state or
local office, if such communication is made over any social media
provider which that has a character limit of 280 characters or fewer.
(3) Corrupt political advertising of a state or local office is a class C
misdemeanor.
(c) If any provision of this section or application thereof to any
person or circumstance is held invalid, such invalidity does not affect other
provisions or applications of this section that can be given effect without
the invalid application or provision, and to this end the provisions of this
section are declared to be severable.
Sec. 3. K.S.A. 25-4161 is hereby amended to read as follows: 25-
4161. (a) If a complaint is filed and the commission determines that such
verified complaint does not allege facts, directly or upon information and
belief, sufficient to constitute a violation of any provision of the campaign
finance act, it shall dismiss the complaint and notify the complainant and
respondent thereof.
(b) Whenever a complaint is filed with the commission alleging a
violation of a provision of the campaign finance act, such filing and the
allegations therein shall be confidential and shall not be disclosed except
as provided in the campaign finance act.
(c) If a complaint is filed and the commission determines that such
verified complaint does allege facts, directly or upon information and
belief, sufficient to constitute a violation of any of the provisions of the
campaign finance act, the commission shall promptly investigate the
alleged violation.
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(d) The commission shall notify the attorney general of any apparent
violation of criminal law or other laws not administered by the
commission, which is discovered during the course of any such
investigation.
(e) If after the investigation, the commission finds that probable cause
does not exist for believing the allegations of the complaint, the
commission shall dismiss the complaint. If after such investigation, the
commission finds that probable cause exists for believing the allegations
of the complaint, such complaint shall no longer be confidential and may
be disclosed. Upon making any such finding, the commission shall fix a
time for a hearing of the matter, which shall be not more than 30 90 days
after such finding. In either event the commission shall notify the
complainant and respondent of its determination.
(f) The remedies and protections provided by K.S.A. 75-2973, and
amendments thereto, shall be available to any state employee against
whom disciplinary action has been taken for filing a complaint pursuant to
this act.
Sec. 4. K.S.A. 25-4174 is hereby amended to read as follows: 25-
4174. Any candidate who has signed an affidavit pursuant to K.S.A. 25-
4173, and amendments thereto, and who incurs expenses in excess of or
receives contributions in excess of $500 $1,000, exclusive of such
candidate's filing fee, for either the primary or the general election shall,
within three days of the date when expenditures or contributions exceed
such amount, file all past due reports and shall be required to file all future
reports on the dates required by K.S.A. 25-4148, and amendments thereto.
Sec. 5. K.S.A. 46-255 is hereby amended to read as follows: 46-255.
Any individual, including any member of the commission, may file with
the commission a verified complaint in writing stating the name of any
person to whom or which this act applies alleged to have violated any
provision of this act, and which shall set forth the particulars thereof. If a
member of the commission files a complaint, he must disqualify himself
from the commission consideration of that complaint. Whenever a
complaint is filed with the commission, the commission shall promptly
send a copy thereof to the person complained of, who shall thereafter be
designated as the respondent. No complaint alleging a violation of K.S.A.
46-245 may be filed with the commission after the expiration of thirty (30)
days from the date upon which the alleged violation occurred.
Sec. 6. K.S.A. 46-256 is hereby amended to read as follows: 46-256.
(a) If the commission determines that a verified complaint does not allege
facts, directly or upon information and belief, sufficient to constitute a
violation of any provision of this act, it shall dismiss the complaint and
notify the complainant and respondent thereof.
(b) Whenever a complaint is filed with the commission alleging a
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violation of any provision of this act, such filing and the allegations therein
shall be confidential and shall not be disclosed except as provided in this
act.
(c) If the commission determines that such verified complaint does
allege facts, directly or upon information and belief, sufficient to constitute
a violation of any of the provisions of this act, the commission promptly
shall investigate the alleged violation.
(d) The commission shall notify the attorney general of any apparent
violation of criminal law or other laws not administered by the
commission, which is discovered during the course of any such
investigation.
(e) If, after the investigation, the commission finds that probable
cause does not exist for believing the allegations of the complaint, the
commission shall dismiss the complaint. If after such preliminary
investigation, the commission finds that probable cause exists for
believing the allegations of the complaint, such complaint shall no longer
be confidential and may be disclosed. Upon making any such finding, the
commission shall fix a time for a hearing in the matter, which shall be not
more than 30 90 days after such finding. In either event the commission
shall notify the complainant and respondent of its determination.
(f) The remedies and protections provided by K.S.A. 75-2973 and
amendments thereto shall be available to any state employee against whom
disciplinary action has been taken for filing a complaint pursuant to this
act.
Sec. 7. K.S.A. 46-265 is hereby amended to read as follows: 46-265.
(a) Every lobbyist shall register electronically with the secretary of state
by completing and signing a registration form prescribed and provided by
the commission. The registration shall show the name and address of the
lobbyist, the name and address of the person compensating the lobbyist for
lobbying, the purpose of the employment, the name of each state agency or
state office and any agency, division or unit thereof and each judicial
department, institution, office, commission, board or bureau and any
agency, division or unit thereof and whether the lobbyist will lobby the
legislative branch and the method of determining and computing the
compensation of the lobbyist. If the lobbyist is compensated or to be
compensated for lobbying by more than one employer or is to be engaged
in more than one employment, the relevant facts listed above shall be
stated separately for each employer and each employment. Whenever any
new lobbying employment or lobbying position is accepted by a lobbyist
already registered as provided in this section, the lobbyist shall report the
same on forms prescribed and provided by the commission before
engaging in any lobbying activity related to the new employment or
position, and the report shall be filed with the secretary of state. When a
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lobbyist is an employee of a lobbying group or firm which contracts to
lobby and not an owner or partner of the lobbying group or firm, the
lobbyist shall report each client of the group, firm or entity whose interest
the lobbyist represents. Whenever the lobbying of a lobbyist concerns a
legislative matter, the secretary of state promptly shall transmit copies of
each registration and each report filed under this act to the secretary of the
senate and the chief clerk of the house of representatives.
(b) On or after October 1, in any year any person may register as a
lobbyist under this section for the succeeding calendar year. The
registration shall expire annually on December 31 of the year for which
the lobbyist is registered. In any calendar year, before engaging in
lobbying, persons to whom this section applies shall register or renew their
registration as provided in this section. Except for employees of lobbying
groups or firms, every person registering or renewing registration who
anticipates spending $1,000 or less for lobbying in the registration year on
behalf of any one employer shall pay to the secretary of state a fee of $50
for lobbying for each employer. Except for employees of lobbying groups
or firms, every person registering or renewing registration who anticipates
spending more than $1,000 for lobbying in the registration year on behalf
of any one employer shall pay to the secretary of state a fee of $350 for
lobbying for the employer. Any lobbyist who at the time of initial
registration anticipated spending less than $1,000, on behalf of any one
employer, but at a later date spends in excess of that amount, within three
days of the date when expenditures exceed that amount, shall file an
amended registration form which shall be accompanied by an additional
fee of $300 for the year. Every person registering or renewing registration
as a lobbyist who is an employee of a lobbying group or firm and not an
owner or partner of the lobbying group or firm shall pay an annual fee of
$450. The secretary of state shall remit all moneys received under this
section to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury to
the credit of the governmental ethics commission fee fund.
(c) Any person who has registered as a lobbyist pursuant to this act
may file, upon termination of the person's lobbying activities, a statement
terminating the person's registration as a lobbyist. The statement shall be
on a form prescribed by the commission and shall state the name and
address of the lobbyist, the name and address of the person compensating
the lobbyist for lobbying and the date of the termination of the lobbyist's
lobbying activities.
(d) No person who has failed or refused to pay any civil penalty
imposed pursuant to K.S.A. 46-280, and amendments thereto, shall be
authorized or permitted to register as a lobbyist in accordance with this
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section until the penalty has been paid in full.
Sec. 8. K.S.A. 46-280 is hereby amended to read as follows: 46-280.
(a) Except as provided in subsection (b), the commission shall send a
notice by registered or certified mail to any person failing to register or to
file any report or statement as required by K.S.A. 46-247 or 46-265, and
amendments thereto, within the time period prescribed therefor. The notice
shall state that the required registration, report or statement had not been
filed with the office of secretary of state. The notice also shall also state
that such person shall have five days from the date of receipt of such
notice is deposited in the mail to comply with the registration and
reporting requirements before a civil penalty shall be imposed for each day
that the required documents remain unfiled. If such person fails to comply
within such period, such person shall pay to the state a civil penalty of $10
per day for each day that such person remains unregistered or that such
report or statement remains unfiled, except that no such civil penalty shall
exceed $300. The commission may waive, for good cause, payment of any
civil penalty imposed hereunder.
(b) Subject to the notice provisions of subsection (a), reports required
for lobbyists under K.S.A. 46-268, and amendments thereto, that are late
more than 48 hours shall be subject to civil penalties as provided in
subsection (b)(2).
(2) The lobbyist shall be liable for a civil penalty of $100 for the first
day the report is more than 48 hours late and $50 for each subsequent day
the report is late, but in no case shall the civil penalty exceed $1,000. The
commission may waive, for good cause, payment of any civil penalty
imposed by this section.
(c) Whenever the commission shall determine that any report filed by
a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
incorrect, incomplete or fails to provide the information required by such
section, the commission shall notify such lobbyist by registered or certified
mail, specifying the deficiency. Such notice shall state that the lobbyist
shall have 30 days from the date of the receipt of such notice is deposited
in the mail to file an amended report correcting such deficiency before a
civil penalty will be imposed and the registration of such lobbyist revoked
and the badge be required to be returned to the office of the secretary of
state. A copy of such notice shall be sent to the office of the secretary of
state. If such lobbyist fails to file an amended report within the time
specified, such lobbyist shall pay to the commission a civil penalty of $10
per day for each day that such person fails to file such report except that no
such civil penalty shall exceed $300. On the 31
st
day following the receipt
of date such notice is deposited in the mail, the registration of any lobbyist
failing to file such amended report shall be revoked.
(d) Civil penalties provided for by this section shall be remitted to the
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state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the governmental ethics commission fee fund.
(e) (1) Except as provided in paragraph (2), if a person fails to pay a
civil penalty provided for by this section, it shall be the duty of the
commission to bring an action to recover such civil penalty in the district
court of the county in which such person resides.
(2) If a person required to file under K.S.A. 46-247(f), and
amendments thereto, fails to pay a civil penalty provided for by this
section, it shall be the duty of the commission to bring an action to recover
the civil penalty in the district court of Shawnee county, Kansas.
Sec. 9. K.S.A. 25-4148, 25-4156, 25-4161, 25-4174, 46-255, 46-256,
46-265 and 46-280 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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