Kansas 2023-2024 Regular Session

Kansas House Bill HB2165 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2165
3	3	By Committee on Elections
4	4	1-25
5	5	AN ACT concerning campaign finance; relating to governmental ethics;
6	6	extending the time frame for governmental ethics commission hearings;
7	7	making technical amendments; amending K.S.A. 25-4148, 25-4156,
8	8	25-4161, 25-4174, 46-255, 46-256, 46-265 and 46-280 and repealing
9	9	the existing sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 25-4148 is hereby amended to read as follows: 25-
12	12	4148. (a) Every treasurer shall file a report prescribed by this section.
13	13	Reports filed by treasurers for candidates for state office, other than
14	14	officers elected on a state-wide basis, shall be filed in both with the office
15	15	of the secretary of state. Reports filed by treasurers for candidates for
16	16	state-wide office shall be filed electronically and only with the secretary of
17	17	state. Reports filed by treasurers for candidates for local office shall be
18	18	filed in the office of the county election officer of the county in which the
19	19	name of the candidate is on the ballot. Except as otherwise provided by
20	20	subsection (h), all such reports shall be filed in time to be received in the
21	21	offices required on or before each of the following days:
22	22	(1) The eighth 8
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24	24	day preceding the primary election, which report
25	25	shall be for the period beginning on January 1 of the election year for the
26	26	office the candidate is seeking and ending 12 days before the primary
27	27	election, inclusive;
28	28	(2) the eighth day preceding a general election, which report shall be
29	29	for the period beginning 11 days before the primary election and ending 12
30	30	days before the general election, inclusive;
31	31	(3) January 10 of the year after an election year, which report shall be
32	32	for the period beginning 11 days before the general election and ending on
33	33	December 31, inclusive;
34	34	(4) for any calendar year when no election is held, a report shall be
35	35	filed on the next January 10 for the preceding calendar year; and
36	36	(5) a treasurer shall file only the annual report required by subsection
37	37	(4) for those years when the candidate is not participating in a primary or
38	38	general election.
39	39	(b) Each report required by this section shall state:
40	40	(1) Cash on hand on the first day of the reporting period;
41	41	(2) the name and address of each person who has made one or more
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78	78	contributions in an aggregate amount or value in excess of $50 during the
79	79	election period together with the amount and date of such contributions,
80	80	including the name and address of every lender, guarantor and endorser
81	81	when a contribution is in the form of an advance or loan;
82	82	(3) the aggregate amount of all proceeds from bona fide sales of
83	83	political materials such as, but not limited to, political campaign pins,
84	84	buttons, badges, flags, emblems, hats, banners and literature;
85	85	(4) the aggregate amount of contributions for which the name and
86	86	address of the contributor is not known;
87	87	(5) each contribution, rebate, refund or other receipt not otherwise
88	88	listed;
89	89	(6) the total of all receipts;
90	90	(7) the name and address of each person to whom expenditures have
91	91	been made in an aggregate amount or value in excess of $50, with the
92	92	amount, date, and purpose of each; the names and addresses of all persons
93	93	to whom any loan or advance has been made; when an expenditure is
94	94	made by payment to an advertising agency, public relations firm or
95	95	political consultants for disbursement to vendors, the report of such
96	96	expenditure shall show in detail the name of each such vendor; and the
97	97	amount, date and purpose of the payments to each;
98	98	(8) the name and address of each person from whom an in-kind
99	99	contribution was received or who has paid for personal services provided
100	100	without charge to or for any candidate, candidate committee, party
101	101	committee or political committee, if the contribution is in excess of $100
102	102	and is not otherwise reported under subsection (b)(7), and the amount, date
103	103	and purpose of the contribution;
104	104	(9) the aggregate of all expenditures not otherwise reported under this
105	105	section; and
106	106	(10) the total of expenditures.
107	107	(c) In addition to the requirements of subsection (b), every treasurer
108	108	for any political committee and party committee shall report the following:
109	109	(1) (A) The name and address of each candidate for state or local
110	110	office for whom an expenditure in the form of an in-kind contribution has
111	111	been made in an aggregate amount or having a fair market value in excess
112	112	of $300, with the amount, date and purpose of each. The report shall show
113	113	in detail the specific service or product provided; and
114	114	(B) the name and address of each candidate for state or local office
115	115	who is the subject of an expenditure which that:
116	116	(i) Is made without the cooperation or consent of a candidate or
117	117	candidate committee;
118	118	(ii) expressly advocates the nomination, election or defeat of such
119	119	candidate; and
120	120	(iii) is an aggregate amount or having a fair market value in excess of
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164	164	$300.
165	165	(2) The report shall state the amount, date and purpose of the
166	166	expenditure in the form of an in-kind contribution. The report shall show
167	167	in detail the specific service or product provided. The reporting
168	168	requirements imposed by this subsection shall be in addition to all other
169	169	requirements required by this section.
170	170	(d) Treasurers of candidates and of candidate committees shall
171	171	itemize the purchase of tickets or admissions to testimonial events by a
172	172	person who purchases such tickets or admissions in an aggregate amount
173	173	or value in excess of $50 per event, or who purchases such a ticket or
174	174	admission at a cost exceeding $25 per ticket or admission. All other
175	175	purchases of tickets or admissions to testimonial events shall be reported
176	176	in an aggregate amount and shall not be subject to the limitations specified
177	177	in K.S.A. 25-4154, and amendments thereto.
178	178	(e) If a contribution or other receipt from a political committee is
179	179	required to be reported under subsection (b), the report shall include the
180	180	full name of the organization with which the political committee is
181	181	connected or affiliated or, a description of the connection to or affiliation
182	182	with such organization. If, the committee is not connected or affiliated
183	183	with any one organization, the report shall state the trade, profession or
184	184	primary interest of the political committee as reflected by the statement of
185	185	purpose of such organization.
186	186	(f) The commission may require any treasurer to file an amended
187	187	report for any period for which the original report filed by such treasurer
188	188	contains material errors or omissions. The notice of the errors or omissions
189	189	shall be part of the public record. The amended report shall be filed within
190	190	30 days after notice by the commission.
191	191	(g) The commission may require any treasurer to file a report for any
192	192	period for which the required report is not on file. The notice of the failure
193	193	to file shall be part of the public record. Such report shall be filed within
194	194	five days after notice by the commission.
195	195	(h) For the purpose of any report required to be filed pursuant to
196	196	subsection (a) by the treasurer of any candidate seeking nomination by
197	197	convention or caucus or by the treasurer of the candidate's committee or by
198	198	the treasurer of any party committee or political committee, the date of the
199	199	convention or caucus shall be considered the date of the primary election.
200	200	(i) If a report is sent by certified or registered mail on or before the
201	201	day it is due, the mailing shall constitute receipt by that office.
202	202	(j) Any report required by this section may be signed by the candidate
203	203	in lieu of the candidate's treasurer or the treasurer of the candidate's
204	204	committee.
205	205	Sec. 2. K.S.A. 25-4156 is hereby amended to read as follows: 25-
206	206	4156. (a) (1) Whenever any person sells space in any newspaper, magazine
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250	250	or other periodical to a candidate or to a candidate committee, party
251	251	committee or political committee, the charge made for the use of such
252	252	space shall not exceed the charges made for comparable use of such space
253	253	for other purposes.
254	254	(2) Intentionally charging an excessive amount for political
255	255	advertising is a class A misdemeanor.
256	256	(b) (1) Except as provided in paragraph (2), corrupt political
257	257	advertising of a state or local office is:
258	258	(A) Publishing or causing to be published in a newspaper or other
259	259	periodical any paid matter that expressly advocates the nomination,
260	260	election or defeat of a clearly identified candidate for a state or local
261	261	office, unless such matter is followed by the word "advertisement" or the
262	262	abbreviation "adv." in a separate line together with the name of the
263	263	chairperson or treasurer of the political or other organization sponsoring
264	264	the same or the name of the individual who is responsible therefor;
265	265	(B) broadcasting or causing to be broadcast by any radio or television
266	266	station any paid matter that expressly advocates the nomination, election
267	267	or defeat of a clearly identified candidate for a state or local office, unless
268	268	such matter is followed by a statement that states: "Paid for" or
269	269	"Sponsored by" followed by the name of the sponsoring organization and
270	270	the name of the chairperson or treasurer of the political or other
271	271	organization sponsoring the same or the name of the individual who is
272	272	responsible therefor;
273	273	(C) telephoning or causing to be contacted by any telephonic means
274	274	including, but not limited to, any device using a voice over internet
275	275	protocol or wireless telephone, any paid matter that expressly advocates
276	276	the nomination, election or defeat of a clearly identified candidate for a
277	277	state or local office, unless such matter is preceded by a statement that
278	278	states: "Paid for" or "Sponsored by" followed by the name of the
279	279	sponsoring organization and the name of the chairperson or treasurer of the
280	280	political or other organization sponsoring the same or the name of the
281	281	individual who is responsible therefor;
282	282	(D) publishing or causing to be published any brochure, flier or other
283	283	political fact sheet that expressly advocates the nomination, election or
284	284	defeat of a clearly identified candidate for a state or local office, unless
285	285	such matter is followed by a statement that states: "Paid for" or
286	286	"Sponsored by" followed by the name of the chairperson or treasurer of the
287	287	political or other organization sponsoring the same or the name of the
288	288	individual who is responsible therefor.
289	289	The provisions of this subparagraph (D) requiring the disclosure of the
290	290	name of an individual shall not apply to individuals making expenditures
291	291	in an aggregate amount of less than $2,500 within a calendar year; or
292	292	(E) making or causing to be made any website, e-mail email or other
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336	336	type of internet communication that expressly advocates the nomination,
337	337	election or defeat of a clearly identified candidate for a state or local
338	338	office, unless the matter is followed by includes a statement that is clear
339	339	and conspicuous and states: "Paid for" or "Sponsored by" followed by the
340	340	name of the chairperson or treasurer of the political or other organization
341	341	sponsoring the same or the name of the individual who is responsible
342	342	therefor.
343	343	The provisions of this subparagraph (E) requiring the disclosure of the
344	344	name of an individual shall apply only to any website, email or other type
345	345	of internet communication that is made by the candidate, the candidate's
346	346	candidate committee, a political committee or a party committee and the
347	347	website, email or other internet communication viewed by or disseminated
348	348	to at least 25 individuals. For the purposes of this subparagraph, the terms
349	349	"candidate," "candidate committee," "party committee" and "political
350	350	committee" shall have the meanings ascribed to them mean the same as
351	351	defined in K.S.A. 25-4143, and amendments thereto.
352	352	(2) The provisions of subsections (b)(1)(C) and (E) shall not apply to
353	353	the publication of any communication that expressly advocates the
354	354	nomination, election or defeat of a clearly identified candidate for state or
355	355	local office, if such communication is made over any social media
356	356	provider which that has a character limit of 280 characters or fewer.
357	357	(3) Corrupt political advertising of a state or local office is a class C
358	358	misdemeanor.
359	359	(c) If any provision of this section or application thereof to any
360	360	person or circumstance is held invalid, such invalidity does not affect other
361	361	provisions or applications of this section that can be given effect without
362	362	the invalid application or provision, and to this end the provisions of this
363	363	section are declared to be severable.
364	364	Sec. 3. K.S.A. 25-4161 is hereby amended to read as follows: 25-
365	365	4161. (a) If a complaint is filed and the commission determines that such
366	366	verified complaint does not allege facts, directly or upon information and
367	367	belief, sufficient to constitute a violation of any provision of the campaign
368	368	finance act, it shall dismiss the complaint and notify the complainant and
369	369	respondent thereof.
370	370	(b) Whenever a complaint is filed with the commission alleging a
371	371	violation of a provision of the campaign finance act, such filing and the
372	372	allegations therein shall be confidential and shall not be disclosed except
373	373	as provided in the campaign finance act.
374	374	(c) If a complaint is filed and the commission determines that such
375	375	verified complaint does allege facts, directly or upon information and
376	376	belief, sufficient to constitute a violation of any of the provisions of the
377	377	campaign finance act, the commission shall promptly investigate the
378	378	alleged violation.
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422	422	(d) The commission shall notify the attorney general of any apparent
423	423	violation of criminal law or other laws not administered by the
424	424	commission, which is discovered during the course of any such
425	425	investigation.
426	426	(e) If after the investigation, the commission finds that probable cause
427	427	does not exist for believing the allegations of the complaint, the
428	428	commission shall dismiss the complaint. If after such investigation, the
429	429	commission finds that probable cause exists for believing the allegations
430	430	of the complaint, such complaint shall no longer be confidential and may
431	431	be disclosed. Upon making any such finding, the commission shall fix a
432	432	time for a hearing of the matter, which shall be not more than 30 90 days
433	433	after such finding. In either event the commission shall notify the
434	434	complainant and respondent of its determination.
435	435	(f) The remedies and protections provided by K.S.A. 75-2973, and
436	436	amendments thereto, shall be available to any state employee against
437	437	whom disciplinary action has been taken for filing a complaint pursuant to
438	438	this act.
439	439	Sec. 4. K.S.A. 25-4174 is hereby amended to read as follows: 25-
440	440	4174. Any candidate who has signed an affidavit pursuant to K.S.A. 25-
441	441	4173, and amendments thereto, and who incurs expenses in excess of or
442	442	receives contributions in excess of $500 $1,000, exclusive of such
443	443	candidate's filing fee, for either the primary or the general election shall,
444	444	within three days of the date when expenditures or contributions exceed
445	445	such amount, file all past due reports and shall be required to file all future
446	446	reports on the dates required by K.S.A. 25-4148, and amendments thereto.
447	447	Sec. 5. K.S.A. 46-255 is hereby amended to read as follows: 46-255.
448	448	Any individual, including any member of the commission, may file with
449	449	the commission a verified complaint in writing stating the name of any
450	450	person to whom or which this act applies alleged to have violated any
451	451	provision of this act, and which shall set forth the particulars thereof. If a
452	452	member of the commission files a complaint, he must disqualify himself
453	453	from the commission consideration of that complaint. Whenever a
454	454	complaint is filed with the commission, the commission shall promptly
455	455	send a copy thereof to the person complained of, who shall thereafter be
456	456	designated as the respondent. No complaint alleging a violation of K.S.A.
457	457	46-245 may be filed with the commission after the expiration of thirty (30)
458	458	days from the date upon which the alleged violation occurred.
459	459	Sec. 6. K.S.A. 46-256 is hereby amended to read as follows: 46-256.
460	460	(a) If the commission determines that a verified complaint does not allege
461	461	facts, directly or upon information and belief, sufficient to constitute a
462	462	violation of any provision of this act, it shall dismiss the complaint and
463	463	notify the complainant and respondent thereof.
464	464	(b) Whenever a complaint is filed with the commission alleging a
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508	508	violation of any provision of this act, such filing and the allegations therein
509	509	shall be confidential and shall not be disclosed except as provided in this
510	510	act.
511	511	(c) If the commission determines that such verified complaint does
512	512	allege facts, directly or upon information and belief, sufficient to constitute
513	513	a violation of any of the provisions of this act, the commission promptly
514	514	shall investigate the alleged violation.
515	515	(d) The commission shall notify the attorney general of any apparent
516	516	violation of criminal law or other laws not administered by the
517	517	commission, which is discovered during the course of any such
518	518	investigation.
519	519	(e) If, after the investigation, the commission finds that probable
520	520	cause does not exist for believing the allegations of the complaint, the
521	521	commission shall dismiss the complaint. If after such preliminary
522	522	investigation, the commission finds that probable cause exists for
523	523	believing the allegations of the complaint, such complaint shall no longer
524	524	be confidential and may be disclosed. Upon making any such finding, the
525	525	commission shall fix a time for a hearing in the matter, which shall be not
526	526	more than 30 90 days after such finding. In either event the commission
527	527	shall notify the complainant and respondent of its determination.
528	528	(f) The remedies and protections provided by K.S.A. 75-2973 and
529	529	amendments thereto shall be available to any state employee against whom
530	530	disciplinary action has been taken for filing a complaint pursuant to this
531	531	act.
532	532	Sec. 7. K.S.A. 46-265 is hereby amended to read as follows: 46-265.
533	533	(a) Every lobbyist shall register electronically with the secretary of state
534	534	by completing and signing a registration form prescribed and provided by
535	535	the commission. The registration shall show the name and address of the
536	536	lobbyist, the name and address of the person compensating the lobbyist for
537	537	lobbying, the purpose of the employment, the name of each state agency or
538	538	state office and any agency, division or unit thereof and each judicial
539	539	department, institution, office, commission, board or bureau and any
540	540	agency, division or unit thereof and whether the lobbyist will lobby the
541	541	legislative branch and the method of determining and computing the
542	542	compensation of the lobbyist. If the lobbyist is compensated or to be
543	543	compensated for lobbying by more than one employer or is to be engaged
544	544	in more than one employment, the relevant facts listed above shall be
545	545	stated separately for each employer and each employment. Whenever any
546	546	new lobbying employment or lobbying position is accepted by a lobbyist
547	547	already registered as provided in this section, the lobbyist shall report the
548	548	same on forms prescribed and provided by the commission before
549	549	engaging in any lobbying activity related to the new employment or
550	550	position, and the report shall be filed with the secretary of state. When a
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594	594	lobbyist is an employee of a lobbying group or firm which contracts to
595	595	lobby and not an owner or partner of the lobbying group or firm, the
596	596	lobbyist shall report each client of the group, firm or entity whose interest
597	597	the lobbyist represents. Whenever the lobbying of a lobbyist concerns a
598	598	legislative matter, the secretary of state promptly shall transmit copies of
599	599	each registration and each report filed under this act to the secretary of the
600	600	senate and the chief clerk of the house of representatives.
601	601	(b) On or after October 1, in any year any person may register as a
602	602	lobbyist under this section for the succeeding calendar year. The
603	603	registration shall expire annually on December 31 of the year for which
604	604	the lobbyist is registered. In any calendar year, before engaging in
605	605	lobbying, persons to whom this section applies shall register or renew their
606	606	registration as provided in this section. Except for employees of lobbying
607	607	groups or firms, every person registering or renewing registration who
608	608	anticipates spending $1,000 or less for lobbying in the registration year on
609	609	behalf of any one employer shall pay to the secretary of state a fee of $50
610	610	for lobbying for each employer. Except for employees of lobbying groups
611	611	or firms, every person registering or renewing registration who anticipates
612	612	spending more than $1,000 for lobbying in the registration year on behalf
613	613	of any one employer shall pay to the secretary of state a fee of $350 for
614	614	lobbying for the employer. Any lobbyist who at the time of initial
615	615	registration anticipated spending less than $1,000, on behalf of any one
616	616	employer, but at a later date spends in excess of that amount, within three
617	617	days of the date when expenditures exceed that amount, shall file an
618	618	amended registration form which shall be accompanied by an additional
619	619	fee of $300 for the year. Every person registering or renewing registration
620	620	as a lobbyist who is an employee of a lobbying group or firm and not an
621	621	owner or partner of the lobbying group or firm shall pay an annual fee of
622	622	$450. The secretary of state shall remit all moneys received under this
623	623	section to the state treasurer in accordance with the provisions of K.S.A.
624	624	75-4215, and amendments thereto. Upon receipt of each such remittance,
625	625	the state treasurer shall deposit the entire amount in the state treasury to
626	626	the credit of the governmental ethics commission fee fund.
627	627	(c) Any person who has registered as a lobbyist pursuant to this act
628	628	may file, upon termination of the person's lobbying activities, a statement
629	629	terminating the person's registration as a lobbyist. The statement shall be
630	630	on a form prescribed by the commission and shall state the name and
631	631	address of the lobbyist, the name and address of the person compensating
632	632	the lobbyist for lobbying and the date of the termination of the lobbyist's
633	633	lobbying activities.
634	634	(d) No person who has failed or refused to pay any civil penalty
635	635	imposed pursuant to K.S.A. 46-280, and amendments thereto, shall be
636	636	authorized or permitted to register as a lobbyist in accordance with this
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680	680	section until the penalty has been paid in full.
681	681	Sec. 8. K.S.A. 46-280 is hereby amended to read as follows: 46-280.
682	682	(a) Except as provided in subsection (b), the commission shall send a
683	683	notice by registered or certified mail to any person failing to register or to
684	684	file any report or statement as required by K.S.A. 46-247 or 46-265, and
685	685	amendments thereto, within the time period prescribed therefor. The notice
686	686	shall state that the required registration, report or statement had not been
687	687	filed with the office of secretary of state. The notice also shall also state
688	688	that such person shall have five days from the date of receipt of such
689	689	notice is deposited in the mail to comply with the registration and
690	690	reporting requirements before a civil penalty shall be imposed for each day
691	691	that the required documents remain unfiled. If such person fails to comply
692	692	within such period, such person shall pay to the state a civil penalty of $10
693	693	per day for each day that such person remains unregistered or that such
694	694	report or statement remains unfiled, except that no such civil penalty shall
695	695	exceed $300. The commission may waive, for good cause, payment of any
696	696	civil penalty imposed hereunder.
697	697	(b) Subject to the notice provisions of subsection (a), reports required
698	698	for lobbyists under K.S.A. 46-268, and amendments thereto, that are late
699	699	more than 48 hours shall be subject to civil penalties as provided in
700	700	subsection (b)(2).
701	701	(2) The lobbyist shall be liable for a civil penalty of $100 for the first
702	702	day the report is more than 48 hours late and $50 for each subsequent day
703	703	the report is late, but in no case shall the civil penalty exceed $1,000. The
704	704	commission may waive, for good cause, payment of any civil penalty
705	705	imposed by this section.
706	706	(c) Whenever the commission shall determine that any report filed by
707	707	a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
708	708	incorrect, incomplete or fails to provide the information required by such
709	709	section, the commission shall notify such lobbyist by registered or certified
710	710	mail, specifying the deficiency. Such notice shall state that the lobbyist
711	711	shall have 30 days from the date of the receipt of such notice is deposited
712	712	in the mail to file an amended report correcting such deficiency before a
713	713	civil penalty will be imposed and the registration of such lobbyist revoked
714	714	and the badge be required to be returned to the office of the secretary of
715	715	state. A copy of such notice shall be sent to the office of the secretary of
716	716	state. If such lobbyist fails to file an amended report within the time
717	717	specified, such lobbyist shall pay to the commission a civil penalty of $10
718	718	per day for each day that such person fails to file such report except that no
719	719	such civil penalty shall exceed $300. On the 31
720	720	st
721	721	day following the receipt
722	722	of date such notice is deposited in the mail, the registration of any lobbyist
723	723	failing to file such amended report shall be revoked.
724	724	(d) Civil penalties provided for by this section shall be remitted to the
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768	768	state treasurer in accordance with the provisions of K.S.A. 75-4215, and
769	769	amendments thereto. Upon receipt of each such remittance, the state
770	770	treasurer shall deposit the entire amount in the state treasury to the credit
771	771	of the governmental ethics commission fee fund.
772	772	(e) (1) Except as provided in paragraph (2), if a person fails to pay a
773	773	civil penalty provided for by this section, it shall be the duty of the
774	774	commission to bring an action to recover such civil penalty in the district
775	775	court of the county in which such person resides.
776	776	(2) If a person required to file under K.S.A. 46-247(f), and
777	777	amendments thereto, fails to pay a civil penalty provided for by this
778	778	section, it shall be the duty of the commission to bring an action to recover
779	779	the civil penalty in the district court of Shawnee county, Kansas.
780	780	Sec. 9. K.S.A. 25-4148, 25-4156, 25-4161, 25-4174, 46-255, 46-256,
781	781	46-265 and 46-280 are hereby repealed.
782	782	Sec. 10. This act shall take effect and be in force from and after its
783	783	publication in the statute book.
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