Kansas 2023-2024 Regular Session

Kansas House Bill HB2167 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2167
3	3	By Committee on Elections
4	4	1-25
5	5	AN ACT concerning campaign finance; regulating the use of
6	6	cryptocurrency; prohibiting the use of campaign funds for a candidate
7	7	for federal office; amending K.S.A. 25-4153 and repealing the existing
8	8	section.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. K.S.A. 25-4153 is hereby amended to read as follows: 25-
11	11	4153. (a) The aggregate amount contributed to a candidate and such
12	12	candidate's candidate committee and to all party committees and political
13	13	committees and dedicated to such candidate's campaign, by any political
14	14	committee or any person except a party committee, the candidate or the
15	15	candidate's spouse, shall not exceed the following:
16	16	(1) For the pair of offices of governor and lieutenant governor or for
17	17	other state officers elected from the state as a whole, $2,000 for each
18	18	primary election (or in lieu thereof a caucus or convention of a political
19	19	party) and an equal amount for each general election.
20	20	(2) For the office of member of the house of representatives, district
21	21	judge, district magistrate judge, district attorney or a candidate for local
22	22	office, $500 for each primary election (or in lieu thereof a caucus or
23	23	convention of a political party) and an equal amount for each general
24	24	election.
25	25	(3) For the office of state senator or member of the state board of
26	26	education, $1,000 for each primary election (or in lieu thereof a caucus or
27	27	convention of a political party) and an equal amount for each general
28	28	election.
29	29	(b) For the purposes of this section, the face value of a loan at the end
30	30	of the period of time allocable to the primary or general election is the
31	31	amount subject to the limitations of this section. A loan in excess of the
32	32	limits herein provided may be made during the allocable period if such
33	33	loan is reduced to the permissible level, when combined with all other
34	34	contributions from the person making such loan, at the end of such
35	35	allocable period.
36	36	(c) For the purposes of this section, all contributions made by
37	37	unemancipated children under 18 years of age shall be considered to be
38	38	contributions made by the parent or parents of such children. The total
39	39	amount of such contribution shall be attributed to a single custodial parent
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76	76	and 50% of such contribution to each of two parents.
77	77	(d) The aggregate amount contributed to a state party committee by a
78	78	person other than a national party committee or a political committee shall
79	79	not exceed $15,000 in each calendar year; and the aggregate amount
80	80	contributed to any other party committee by a person other than a national
81	81	party committee or a political committee shall not exceed $5,000 in each
82	82	calendar year.
83	83	The aggregate amount contributed by a national party committee to a
84	84	state party committee shall not exceed $25,000 in any calendar year, and
85	85	the aggregate amount contributed to any other party committee by a
86	86	national party committee shall not exceed $10,000 in any calendar year.
87	87	The aggregate amount contributed to a party committee by a political
88	88	committee shall not exceed $5,000 in any calendar year.
89	89	(e) Any political funds which have been collected and were not
90	90	subject to the reporting requirements of this act shall be deemed a person
91	91	subject to these contribution limitations.
92	92	(f) (1) Any political funds which have been collected and were
93	93	subject to the reporting requirements of the campaign finance act shall not
94	94	be used in or for the campaign of a candidate for a federal elective office.
95	95	(2) Any political funds that have been collected by a candidate or
96	96	candidate committee and were subject to the reporting requirements of the
97	97	campaign finance act shall not be used in or for the campaign of a
98	98	candidate for a federal elective office.
99	99	(g) The amount contributed by each individual party committee of the
100	100	same political party other than a national party committee to any candidate
101	101	for office, for any primary election at which two or more candidates are
102	102	seeking the nomination of such party shall not exceed the following:
103	103	(1) For the pair of offices of governor and lieutenant governor and for
104	104	each of the other state officers elected from the state as a whole, $2,000 for
105	105	each primary election (or in lieu thereof a caucus or convention of a
106	106	political party).
107	107	(2) For the office of member of the house of representatives, district
108	108	judge, district magistrate judge, district attorney or a candidate for local
109	109	office, $500 for each primary election (or in lieu thereof a caucus or
110	110	convention of a political party).
111	111	(3) For the office of state senator or member of the state board of
112	112	education, $1,000 for each primary election (or in lieu thereof a caucus or
113	113	convention of a political party).
114	114	(h) When a candidate for a specific cycle does not run for office, the
115	115	contribution limitations of this section shall apply as though the individual
116	116	had sought office.
117	117	(i) No person shall make any contribution or contributions to any
118	118	candidate or the candidate committee of any candidate in the form of
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162	162	money or currency of the United States which in the aggregate exceeds
163	163	$100 for any one primary or general election, and no candidate or
164	164	candidate committee of any candidate shall accept any contribution or
165	165	contributions in the form of money or currency of the United States which
166	166	in the aggregate exceeds $100 from any one person for any one primary or
167	167	general election.
168	168	(j) (1) No person shall make or accept any cryptocurrency
169	169	contribution for any candidate or candidate committee that in the
170	170	aggregate exceeds $100 for any one primary or general election from any
171	171	one person. The value of a cryptocurrency contribution is the fair market
172	172	value of the cryptocurrency at the time the payment processor obtains
173	173	possession of the contribution;
174	174	(2) no person shall make or accept any cryptocurrency contribution
175	175	for any political committee or party committee that in the aggregate
176	176	exceeds $100 for any calendar year from any one person. The value of a
177	177	cryptocurrency contribution is the fair market value of the cryptocurrency
178	178	at the time the payment processor obtains possession of the contribution;
179	179	(3) a candidate, candidate committee, political committee or party
180	180	committee shall immediately convert a cryptocurrency contribution to
181	181	United States currency and deposit the proceeds into the campaign
182	182	account. A campaign shall not make expenditures in the form of
183	183	cryptocurrency nor hold cryptocurrency as a campaign asset;
184	184	(4) a candidate, candidate committee, political committee or party
185	185	committee shall obtain the following information before accepting a
186	186	cryptocurrency contribution:
187	187	(A) The contributor's full name;
188	188	(B) the contributor's physical address;
189	189	(C) an affirmation from the contributor that they are the owner of the
190	190	cryptocurrency; and
191	191	(D) an affirmation from the contributor that they are not a foreign
192	192	national;
193	193	(5) a campaign finance contribution in the form of cryptocurrency
194	194	may only be accepted if the contribution is made and received through a
195	195	United States-based cryptocurrency payment processor that utilizes
196	196	procedures that enable the processor to form a reasonable belief that it
197	197	knows the true identity of each contributor and collects the name and
198	198	address of each contributor at the time the contribution is made and
199	199	transmits this information to the committee; and
200	200	(6) when reporting a contribution of cryptocurrency on a campaign
201	201	finance report, a treasurer shall report the amount and type of virtual
202	202	currency received.
203	203	Sec. 2. K.S.A. 25-4153 is hereby repealed.
204	204	Sec. 3. This act shall take effect and be in force from and after its
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248	248	publication in the statute book.1