HOUSE BILL No. 2206
AN ACT concerning elections; relating to campaign finance; requiring the termination of
any candidate campaign account for an elected official who chooses not to be a
candidate for such office or who is defeated in a subsequent election; renaming the
commission as the Kansas public disclosure commission; defining certain terms;
requiring the filing of statements of independent expenditures; prohibiting
agreements requiring contributions in the name of another person; amending K.S.A.
25-4119a, 25-4119b, 25-4119e, 25-4119f, 25-4142, 25-4150, 25-4152, 25-4153b, 25-
4154, 25-4157, 25-4158a, 25-4180, 25-4186, 46-246a, 46-253, 46-265, 46-280, 46-
288, 46-295, 75-3717, 75-4302a and 75-4303a and K.S.A. 2024 Supp. 25-4143, 25-
4145, 74-50,297, 75-3036 and 77-440 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. If any person elected to state or local office
decides not to be a candidate for such office at the next election or is
defeated as a candidate for such office, whether in a primary election or
a general election, then any candidate campaign account for such
person for such office shall be terminated on or before the date that is
90 days after the date of the second subsequent general election for
such office in which such person is not elected. The treasurer for any
such candidate campaign account shall dispose of any residual funds as
required under K.S.A. 25-4157a, and amendments thereto, and file the
required termination report pursuant to K.S.A. 25-4157, and
amendments thereto.
Sec. 2. K.S.A. 25-4119a is hereby amended to read as follows: 25-
4119a. (a) There is hereby created the Kansas public disclosure
commission on governmental standards and conduct.
(b) On and after July 1, 1998 2025, the Kansas commission on
governmental standards and conduct is hereby redesignated as the
governmental ethics commission is hereby redesignated as the Kansas
public disclosure commission. On and after July 1, 1998, Whenever the
Kansas governmental ethics commission on governmental standards
and conduct, or words of like effect, is referred to or designated by a
statute, contract or other document, such reference or designation shall
be deemed to apply to the governmental ethics Kansas public
disclosure commission. Nothing in this act shall be construed as
abolishing and reestablishing the Kansas governmental ethics
commission on governmental standards and conduct.
(c) The Kansas public disclosure commission shall consist of nine
members of whom two shall be appointed by the governor, one by the
president of the senate, one by the speaker of the house of
representatives, one by the minority leader of the house of
representatives, one by the minority leader of the senate, one by the
chief justice of the supreme court, one by the attorney general and one
by the secretary of state. Nothing in this act shall be construed as
affecting the terms of members serving on July 1, 1998 2025. Not more
than five members of the commission shall be members of the same
political party and the two members appointed by the governor shall
not be members of the same political party.
(c)(d) The terms of all subsequently appointed members shall be
two years commencing on February 1 of the appropriate years.
Vacancies occurring on the commission shall be filled for the unexpired
term by the same appointing officer as made the original appointment.
Members shall serve until their successors are appointed and qualified.
The governor shall designate one of the members appointed by the
governor to be the chairperson of the commission. A majority vote of
five members of the commission shall be required for any action of the
commission. The commission may adopt rules to govern its
proceedings and may provide for such officers other than the
chairperson as it may determine. The commission shall meet at least
once each quarter, and also shall meet on call of its chairperson or any
four members of the commission. Members of the commission
attending meetings of such commission, or attending a subcommittee
meeting thereof authorized by such commission, shall be paid
compensation, subsistence allowances, mileage and other expenses as
provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223(a)
through (d), and amendments thereto. HOUSE BILL No. 2206—page 2
(e) The commission shall appoint an executive director who shall
be in the unclassified service and receive compensation fixed by the
commission, in accordance with appropriation acts of the legislature,
subject to approval by the governor. The commission may employ such
other staff and attorneys as it determines, within amounts appropriated
to the commission, all of whom shall be in the unclassified service and
shall receive compensation fixed by the commission and not subject to
approval by the governor.
(d)(f) The commission may adopt rules and regulations for the
administration of the campaign finance act. Subject to K.S.A. 25-4178,
and amendments thereto, rules and regulations adopted by the
commission created prior to this act July 1, 2025, shall continue in
force and effect and shall be deemed to be the rules and regulations of
the commission created by this section of this enactment, until revised,
amended, repealed or nullified pursuant to law. All rules and
regulations of the commission shall be subject to the provisions of
article 4 of chapter 77 of Kansas Statutes Annotated. The commission
shall continue to administer all of the acts administered by the
commission to which it is successor.
(e)(g) The commission may provide copies of opinions,
informational materials compiled and published by the commission and
public records filed in the office of the commission to persons
requesting the same and may adopt rules and regulations fixing
reasonable fees therefor. All fees collected by the commission under the
provisions of this subsection shall be remitted 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 Kansas public disclosure commission fee fund.
(f)(h) The commission shall submit an annual report and
recommendations in relation to all acts administered by the commission
to the governor and to the legislative coordinating council on or before
December 1 of each year. The legislative coordinating council shall
transmit such report and recommendations to the legislature.
(g) Whenever the Kansas commission on governmental standards
and conduct, or words of like effect, is referred to or designated by a
statute, contract or other document, such reference or designation shall
be deemed to apply to the governmental ethics commission.
Sec. 3. K.S.A. 25-4119b is hereby amended to read as follows: 25-
4119b. (a) All of the powers, duties and functions of the existing
Kansas governmental ethics commission are hereby transferred to and
conferred and imposed upon the Kansas public disclosure commission
created by K.S.A. 25-4119a, as amended and amendments thereto.
(b) The Kansas public disclosure commission created by K.S.A.
25-4119a, as amended, shall be the successor in every way to the
powers, duties and functions of the Kansas governmental ethics
commission in which the same were vested prior to the effective date of
this act July 1, 2025.
(c) Whenever the governmental ethics commission, or words of
like effect, is referred to or designated by a statute, contract or other
document, such reference or designation shall be deemed to apply to
the Kansas public disclosure commission created by K.S.A. 25-4119a,
as amended.
(d) Subject to K.S.A. 25-4178, and amendments thereto, all
opinions rendered pursuant to K.S.A. 25-4120 and 46-254, and
amendments thereto, by the Kansas governmental ethics commission
before the effective date of this act prior to July 1, 2025, shall continue
to be in force and effect and shall be deemed to be opinions of the
Kansas public disclosure commission created by K.S.A. 25-4119a, as
amended, until revised, amended or nullified pursuant to law.
(e)(d) The Kansas public disclosure commission created by K.S.A.
25-4119a, as amended, shall be a continuation of the Kansas
governmental ethics commission.
Sec. 4. K.S.A. 25-4119e is hereby amended to read as follows: 25- HOUSE BILL No. 2206—page 3
4119e. (a) There is hereby established in the state treasury the
governmental ethics Kansas public disclosure commission fee fund. All
moneys credited to such fund shall be used for the operations of the
commission in the performance of powers, duties and functions
prescribed by law. All expenditures from such fund shall be made in
accordance with the provisions of appropriation acts and upon warrants
of the director of accounts and reports issued pursuant to vouchers
approved by the chairperson of the commission or the chairperson's
designee.
(b) The director of accounts and reports is hereby directed to
transfer all moneys in the Kansas commission on governmental
standards and conduct fee fund to the governmental ethics commission
fee fund established pursuant to subsection (a). All liabilities of the
Kansas commission on governmental standards and conduct fee fund
existing prior to July 1, 1998, are hereby imposed on the governmental
ethics commission fee fund established pursuant to subsection (a). The
Kansas commission on governmental standards and conduct fee fund is
hereby abolishedOn July 1, 2025, the governmental ethics commission
fee fund is hereby redesignated as the Kansas public disclosure
commission fee fund of the Kansas public disclosure commission.
Sec. 5. K.S.A. 25-4119f is hereby amended to read as follows: 25-
4119f. (a) In addition to any other fee required by law, every person
becoming a candidate for the following offices shall pay a fee at the
time of filing for such office in the amount prescribed by this section:
(1) Governor and lieutenant governor.......................................... $650;
(2) state offices elected by statewide election, other than the governor
and lieutenant governor.......................................................... $650;
(3) state senator, state representative, state board of education, district
attorney, board of public utilities of the city of Kansas City and
elected county offices............................................................... $50;
and
(4) members of boards of education of unified school districts having
35,000 or more pupils regularly enrolled in the preceding school
year, members of governing bodies of cities of the first class and
judges of the district court in judicial districts in which judges are
elected....................................................................................... $50.
(b) The secretary of state shall remit all fees received by that
office to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. County election officers receiving
fees in accordance with this section shall remit such fees to the county
treasurer of the county who shall quarterly remit the same to the state
treasurer. 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 Kansas public disclosure commission fee fund.
Sec. 6. K.S.A. 25-4142 is hereby amended to read as follows: 25-
4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-414225-4119a through
25-4187 and K.S.A. 25-4153b 25-4189, and amendments thereto, shall
be known and may be cited as the campaign finance act.
Sec. 7. K.S.A. 2024 Supp. 25-4143 is hereby amended to read as
follows: 25-4143. As used in the campaign finance act, unless the
context otherwise requires:
(a) "Agent" means an individual who is:
(1) A candidate;
(2) a chairperson of a candidate, political or party committee;
(3) a treasurer; or
(4) any director, officer, employee, paid consultant or other person
who is authorized to act on behalf of persons listed in this subsection.
(b) "Candidate" means an individual who:
(1) Appoints a treasurer or a candidate committee;
(2) makes a public announcement of intention to seek nomination
or election to state or local office;
(3) makes any expenditure or accepts any contribution for such
person's nomination or election to any state or local office; or
(4) files a declaration or petition to become a candidate for state or HOUSE BILL No. 2206—page 4
local office.
(c) "Candidate committee" means a committee appointed by a
candidate to receive contributions and make expenditures for the
candidate.
(d) "Clearly identified candidate" means a candidate who has been
identified by the:
(1) Use of the name of the candidate;
(2) use of a photograph or drawing of the candidate; or
(3) unambiguous reference to the candidate whether or not the
name, photograph or drawing of such candidate is used.
(e) "Commission" means the governmental ethics commission.
(f) (1) "Contribution" means:
(A) Any advance, conveyance, deposit, distribution, gift, loan or
payment of money or any other thing of value given to a candidate,
candidate committee, party committee or political committee for the
express purpose of nominating, electing or defeating a clearly identified
candidate for a state or local office;
(B) any advance, conveyance, deposit, distribution, gift, loan or
payment of money or any other thing of value made to expressly
advocate the nomination, election or defeat of a clearly identified
candidate for a state or local office;
(C) a transfer of funds between any two or more candidate
committees, party committees or political committees;
(D) the payment, by any person other than a candidate, candidate
committee, party committee or political committee, of compensation to
an individual for the personal services rendered without charge to or for
a candidate's campaign or to or for any such committee;
(E) the purchase of tickets or admissions to, or advertisements in
journals or programs for, testimonial events; or
(F) a mailing of materials designed to expressly advocate the
nomination, election or defeat of a clearly identified candidate, which is
made and paid for by a party committee with the consent of such
candidate.
(2) "Contribution" does not include:
(A) The value of volunteer services provided without
compensation;
(B) costs to a volunteer related to the rendering of volunteer
services not exceeding a fair market value of $50 during an allocable
election period as provided in K.S.A. 25-4149, and amendments
thereto;
(C) payment by a candidate or candidate's spouse for personal
meals, lodging and travel by personal automobile of the candidate or
candidate's spouse while campaigning; or
(D) the value of goods donated to events such as testimonial
events, bake sales, garage sales and auctions by any person not
exceeding a fair market value of $50 per event.
(g) (1) "Cooperation or consent" means, with respect to
expenditures:
(A) An express advocacy expenditure that is created, produced or
distributed at the request or recommendation of a candidate, candidate
committee or party committee; or
(B) an express advocacy expenditure that is created, produced or
distributed at the recommendation of a person who is paying for such
express advocacy and the candidate, candidate committee or party
committee assents to such recommendation.
(2) "Cooperation or consent" does not include:
(A) A candidate's or a political party's response to an inquiry
about such candidate's or political party's positions on legislative or
policy issues;
(B) an expenditure for which the information material to the
creation, production, distribution or undertaking of the expenditure
was obtained from a publicly available source;
(C) an endorsement of a candidate;
(D) soliciting contributions for any committee; HOUSE BILL No. 2206—page 5
(E) an expenditure for the use of a commercial vendor or to a
former employee of the candidate by the person making the expenditure
if:
(i) The commercial vendor or former employee has provided
political services to such candidate during the 120 days immediately
preceding such expenditure;
(ii) a firewall is established and implemented by the person
making the expenditure; and
(iii) the firewall is designed and implemented to prohibit the flow
of information between employees or consultants providing services for
the person making the expenditure and those employees or consultants
who are currently providing or previously provided services to such
candidate; and
(F) an expenditure for the use of a commercial vendor or to a
former employee of the candidate by the person making the expenditure
and the commercial vendor or former employee has not provided
political services to such candidate during the 120 days immediately
preceding such expenditure.
(h) "Election" means:
(1) A primary or general election for state or local office; and
(2) a convention or caucus of a political party held to nominate a
candidate for state or local office.
(h)(i) (1) "Expenditure" means:
(A) Any purchase, payment, distribution, loan, advance, deposit or
gift of money or any other thing of value made by a candidate,
candidate committee, party committee or political committee for the
express purpose of nominating, electing or defeating a clearly identified
candidate for a state or local office;
(B) any purchase, payment, distribution, loan, advance, deposit or
gift of money or any other thing of value made to expressly advocate
the nomination, election or defeat of a clearly identified candidate for a
state or local office;
(C) any contract to make an expenditure;
(D) a transfer of funds between any two or more candidate
committees, party committees or political committees; or
(E) payment of a candidate's filing fees.
(2) "Expenditure" does not include:
(A) The value of volunteer services provided without
compensation;
(B) costs to a volunteer incidental to the rendering of volunteer
services not exceeding a fair market value of $50 during an allocable
election period as provided in K.S.A. 25-4149, and amendments
thereto;
(C) payment by a candidate or candidate's spouse for personal
meals, lodging and travel by personal automobile of the candidate or
candidate's spouse while campaigning or payment of such costs by the
treasurer of a candidate or candidate committee;
(D) the value of goods donated to events such as testimonial
events, bake sales, garage sales and auctions by any person not
exceeding fair market value of $50 per event; or
(E) any communication by an incumbent elected state or local
officer with one or more individuals unless the primary purpose thereof
is to expressly advocate the nomination, election or defeat of a clearly
identified candidate.
(i)(j) "Expressly advocate the nomination, election or defeat of a
clearly identified candidate" means any communication that uses
phrases including, but not limited to:
(1) "Vote for the secretary of state";
(2) "re-elect your senator";
(3) "support the democratic nominee";
(4) "cast your ballot for the republican challenger for governor";
(5) "Smith for senate";
(6) "Bob Jones in '98";
(7) "vote against Old Hickory"; HOUSE BILL No. 2206—page 6
(8) "defeat" accompanied by a picture of one or more candidates;
or
(9) "Smith's the one."
(j)(k) "Party committee" means:
(1) The state committee of a political party regulated by article 3
of chapter 25 of the Kansas Statutes Annotated, and amendments
thereto;
(2) the county central committee or the state committee of a
political party regulated under article 38 of chapter 25 of the Kansas
Statutes Annotated, and amendments thereto;
(3) the bona fide national organization or committee of those
political parties regulated by the Kansas Statutes Annotated;
(4) the political committee established by the state committee of
any such political party and designated as a recognized political
committee for the senate;
(5) the political committee established by the state committee of
any such political party and designated as a recognized political
committee for the house of representatives; or
(6) the political committee per congressional district established
by the state committee of a political party regulated under article 38 of
chapter 25 of the Kansas Statutes Annotated, and amendments thereto,
and designated as a congressional district party committee.
(k)(l) "Person" means any individual, committee, corporation,
partnership, trust, organization or association.
(l)(m) (1) "Political committee" means any entity, including any
combination of two or more individuals who are not married to one
another, or any person other than an individual, a the major purpose of
which is to expressly advocate the nomination, election or defeat of a
clearly identified candidate for state or local office or make
contributions to or expenditures for the nomination, election or defeat
of a clearly identified candidate for state or local office that in the
aggregate exceed $3,000 during any one calendar year and that
satisfies one of the following:
(A) States in such entity's articles of incorporation, bylaws or in
any resolution adopted by the board of directors for such entity that the
major purpose of such entity is to elect state or local candidates
through express advocacy and contributions to candidate campaigns
and political parties; or
(B) spends not less than 50% of such entity's total program
spending on contributions or expenditures during the period of time
such entity has existed or, if such entity has existed for more than five
years, during the immediately preceding five years.
(2) "Political committee" shall does not include a candidate
committee or a party committee.
(3) (A) As used in this subsection, "total program spending"
means the aggregate expenditures on all program activities, including:
(i) All disbursements for contributions and expenditures; and
(ii) all expenditures for fundraising communications that
expressly advocate the nomination, election or defeat of a candidate or
candidates for state or local office.
(B) "Total program spending" does not include:
(i) Expenditures for volunteer time or expenses;
(ii) administrative expenses; or
(iii) any other fundraising expenses.
(C) For purposes of determining total program spending on
contributions and expenditures:
(i) A grant made to a political committee or an organization
organized under section 527 of the internal revenue code shall be
included in such entity's total program spending as a contribution or
expenditure, except that if such grant is expressly designated for use
outside this state or for any federal election, then such grant shall be
included in such entity's total program spending but shall not be
considered a contribution or expenditure; and
(ii) all other grants made by such entity shall be included in such HOUSE BILL No. 2206—page 7
entity's total program spending but shall not be considered a
contribution or expenditure unless such entity expressly designates
such grant, or any portion thereof, for making a contribution or
expenditure in this state. If a grant is so designated then such grant
shall be considered a contribution or expenditure. If a portion of any
grant is so designated then only such portion shall be considered a
contribution or expenditure.
(m)(n) "Receipt" means a contribution or any other money or
thing of value, but not including volunteer services provided without
compensation, received by a treasurer in the treasurer's official
capacity.
(n)(o) "State office" means any state office as defined in K.S.A.
25-2505, and amendments thereto.
(o)(p) "Testimonial event" means an event held for the benefit of
an individual who is a candidate to raise contributions for such
candidate's campaign. "Testimonial events" includes, but are not
limited to, dinners, luncheons, rallies, barbecues and picnics.
(p)(q) "Treasurer" means a treasurer of a candidate or of a
candidate committee, a party committee or a political committee
appointed under the campaign finance act or a treasurer of a
combination of individuals or a person other than an individual which
that is subject to K.S.A. 25-4172(a)(2), and amendments thereto.
(q)(r) "Local office" means a member of the governing body of a
city of the first class, any elected office of a unified school district
having 35,000 or more pupils regularly enrolled in the preceding school
year, a county or of the board of public utilities.
Sec. 8. K.S.A. 2024 Supp. 25-4145 is hereby amended to read as
follows: 25-4145. (a) Each party committee and each political
committee which that anticipates receiving contributions or making
expenditures shall appoint a chairperson and a treasurer. The
chairperson of each party committee and each political committee
which that anticipates receiving contributions or making expenditures
for a candidate for state office shall make a statement of organization
and file it with the secretary of state not later than 10 days after
establishment of such committee. The chairperson of each political
committee which that anticipates receiving contributions or making
expenditures for any candidate for local office, shall make a statement
of organization and file it with the county election officer not later than
10 days after establishment of such committee.
(b) Every statement of organization shall include:
(1) The name and address of the committee. The name of the
committee shall reflect the full name of the organization with which the
committee is connected or affiliated or sufficiently describe such
affiliation. If the political committee is not connected or affiliated with
any one organization, the name shall reflect the trade, profession or
primary interest of the committee as reflected by the statement of
purpose of such organization;
(2) the names, addresses and email addresses, which such email
addresses shall be optional, of the chairperson and treasurer of the
committee;
(3) the names and addresses of affiliated or connected
organizations; and
(4) in the case of a political committee, the full name of the
organization with which the committee is connected or affiliated or,
name or description sufficiently describing the affiliation or, if the
committee is not connected or affiliated with any one organization, the
trade, profession or primary interest of the political committee as
reflected by the statement of purpose of such organization.
(c) Any change in information previously reported in a statement
of organization shall be reported on a supplemental statement of
organization and filed not later than 10 days following the change.
(d) (1) Each political committee which anticipates receiving
contributions shall register annually with the commission on or before
July 1 of each year. Each political committee registration shall be in the HOUSE BILL No. 2206—page 8
form and contain such information as may be required by the
commission.
(2) Each registration by a political committee anticipating the
receipt of more than $15,000 in any calendar year shall be accompanied
by an annual registration fee of $750.
(3) Each registration by a political committee anticipating the
receipt of more than $7,500 but less than $15,001 in any calendar year
shall be accompanied by an annual registration fee of $500.
(4) Each registration by a political committee anticipating the
receipt of more than $2,500 but less than $7,501 in any calendar year
shall be accompanied by an annual registration fee of $250.
(5) Each registration by a political committee anticipating the
receipt of $2,500 or less in any calendar year shall be accompanied by
an annual registration fee of $50.
(6) Any political committee that is currently registered under
subsection (d)(4) or (d)(5) and that receives contributions in excess of
the registered amount for a calendar year, shall file, within three days of
the date when contributions exceed such amount, an amended
registration form that shall be accompanied by an additional fee for
such year equal to the difference between the fee owed and the amount
of the fee that accompanied the current registration.
(e) All such fees received by or for the commission shall be
remitted 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 Kansas public
disclosure commission fee fund.
Sec. 9. K.S.A. 25-4150 is hereby amended to read as follows: 25-
4150. (a) Every person, other than a candidate or a candidate
committee, party committee or political committee, who makes
contributions or independent expenditures, other than by contribution
to a candidate or a candidate committee, party committee or political
committee, in an aggregate amount of $100 $1,000 or more within a
calendar year shall make statements containing the information
required by K.S.A. 25-4148, and amendments thereto. Such statements
shall be filed in the office or offices required so that each such
statement is in such office or offices on the day specified in K.S.A. 25-
4148, and amendments thereto. If such contributions are received or
expenditures are made to expressly advocate the nomination, election
or defeat of a clearly identified candidate for state office, other than that
of an officer elected on a state-wide basis such statement shall be filed
in both the office of the secretary of state and in the office of the county
election officer of the county in which the candidate is a resident file a
statement of independent expenditures with the commission that
includes the following:
(1) The name and address of each person who receives payment in
an aggregate amount that is in excess of $500 for an independent
expenditure or for the creation or distribution of an independent
expenditure; and
(2) the date, amount and purpose of each independent
expenditure, including the name and the office sought of each
candidate identified in an independent expenditure and if such
independent expenditure was in support of or in opposition to such
candidate.
(b) (1) Each statement of independent expenditures shall be filed
on or before the next succeeding date on which reports are due to be
filed under K.S.A. 25-4148, and amendments thereto. If a statement of
independent expenditures is required after such date, then such
statement shall be filed on or before 11:59 p.m. on the second day
immediately following the date of the last independent expenditure.
(2) If a person makes independent expenditures in an aggregate
amount of $1,000 or more in the same calendar year after filing a
statement of independent expenditures, then a subsequent statement of
independent expenditures shall be filed with the commission in HOUSE BILL No. 2206—page 9
accordance with this section.
(c) If such contributions are received or expenditures are made to
expressly advocate the nomination, election or defeat of a clearly
identified candidate for state-wide state office, such statement shall be
filed only in the office of the secretary of state. If such contributions or
expenditures are made to expressly advocate the nomination, election
or defeat of a clearly identified candidate for local office, such
statement 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. Reports
made Statements filed under this section need not be cumulative.
Sec. 10. K.S.A. 25-4152 is hereby amended to read as follows: 25-
4152. (a) Except as provided in subsection (b), the commission shall
send a notice by registered or certified mail to any person failing to file
any report or statement required by K.S.A. 25-4144, 25-4145 or 25-
4148, and amendments thereto, and to the candidate appointing any
treasurer failing to file any such report, within the time period
prescribed therefor. The notice shall state that the required report or
statement has not been filed with either the office of secretary of state
or county election officer or both. The person failing to file any report
or statement, and the candidate appointing any such person, shall be
responsible for the filing of such report or statement. The notice also
shall state that such person shall have 15 days from the date 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 the prescribed period, such person shall pay to the state a civil
penalty of $10 per day for each day 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 by this section.
(b) (1) Subject to the notice provisions of subsection (a), reports
that are due under the provisions of K.S.A. 25-4148(a)(1) and (2), and
amendments thereto, for candidates that appear on the ballot for the
then-current primary or general election ballot and are late more than
48 hours shall be subject to civil penalties as provided in subsection (b)
(2).
(2) The candidate 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) (1) Subject to the notice provisions of subsection (a), reports
that are due under the provisions of K.S.A. 25-4145 and 25-4148, and
amendments thereto, for each political committee that anticipates
receiving $2,501 or more in any calendar year and are late more than
48 hours shall be subject to civil penalties as provided in subsection (c)
(2).
(2) The political committee 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.
(d) Civil penalties provided for by this section shall be remitted 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 Kansas public disclosure commission
fee fund.
(e) 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.
Sec. 11. K.S.A. 25-4153b is hereby amended to read as follows:
25-4153b. (a) No political committee, a major purpose of which is to HOUSE BILL No. 2206—page 10
expressly advocate the nomination, election or defeat of a clearly
identified candidate for the legislature or to make contributions or
expenditures for the nomination, election or defeat of a clearly
identified candidate for the legislature, shall be established by a
member of or a candidate for the legislature.
(b) Any such political committee existing prior to the effective
date of this act is hereby abolished.
Sec. 12. K.S.A. 25-4154 is hereby amended to read as follows: 25-
4154. (a) No person shall make a contribution in the name of another
person, and no person shall knowingly accept a contribution made by
one person in the name of another.
(b) No person shall give or accept any contribution in excess of
$10 $50 unless the name and address of the contributor is made known
to the individual receiving the contribution.
(c) The aggregate of contributions for which the name and address
of the contributor is not reported under K.S.A. 25-4148, and
amendments thereto, shall not exceed 50% of the amount one
individual (, other than the candidate or spouse), may contribute to or
for a candidate's campaign.
(d) No person shall copy any name of a contributor from any
report or statement filed under the campaign finance act and use such
name for any commercial purpose, and no person shall use any name
for a commercial purpose with knowledge that such name was obtained
solely by copying information relating to contributions contained in any
report or statement filed under the campaign finance act.
(e) Except for contributions made by a candidate to such
candidate's candidate committee, when a person makes a contribution
to a candidate, candidate committee, political committee or party
committee, such person shall have no authority to control or otherwise
direct the use of such contribution. No person shall make a
contribution to a committee that is subject to any condition or any
agreement or other understanding between such person and such
committee that such contribution or any portion thereof is to be
subsequently contributed by such committee to any other candidate
committee, political committee or party committee. Any agreement or
other understanding that receipt of a contribution is conditioned on
such contribution or some portion thereof being subsequently
contributed by the recipient committee to any other candidate
committee, political committee or party committee is hereby declared
null and void and shall have no effect.
(f) (1) For purposes of this section, "contribution in the name of
another" and "contribution made by one person in the name of
another" means a contribution made to a person by or through the
name of another person for the purpose of concealing the original
source of any moneys reported on any report or statement that is
required to be filed under the campaign finance act.
(2) Such contributions shall not include any contributions,
expenditures or transfers of moneys that are subject to the requirements
of the campaign finance act and that are made by an individual or
committee that is otherwise reporting such contribution, expenditure or
transfer on a report or statement filed pursuant to the campaign
finance act.
Sec. 13. K.S.A. 25-4157 is hereby amended to read as follows: 25-
4157. (a) Before any candidate committee, party committee or political
committee may be dissolved or the position of a candidate's treasurer
terminated, the treasurer of the candidate or such committee shall file a
termination report which that shall include full information as to the
disposition of residual funds. Any report required by K.S.A. 25-4148,
and amendments thereto, may be a termination report. Reports of the
dissolution of candidate committees of candidates for state office, the
termination of the treasurer of a candidate for state office, the
dissolution of a political committee the major purpose of which is to
support or oppose any candidate for state office and the dissolution of
party committees shall be filed in the office of the secretary of state. HOUSE BILL No. 2206—page 11
Reports of the dissolution of candidate committees of candidates for
local office, the termination of the treasurer of a candidate for local
office and the dissolution of a political committee the major purpose of
which is to support or oppose any candidate for local office shall be
filed in the office of the county election officer of the county.
(b) If a candidate dies with an open candidate committee account
which that contains campaign funds, the executor or administrator of
the candidate's estate shall be responsible for terminating the candidate
committee and disposing of the residual funds.
Sec. 14. K.S.A. 25-4158a is hereby amended to read as follows:
25-4158a. The governmental ethics Kansas public disclosure
commission shall prescribe and provide forms for each report required
to be made under the campaign finance act. After January 10, 2008,
Any information required to be filed pursuant to this section the
campaign finance act may be filed electronically with the secretary of
state in a method authorized by the secretary of state. The provisions of
this section shall be a part of and supplemental to the Kansas campaign
finance act.
Sec. 15. K.S.A. 25-4180 is hereby amended to read as follows: 25-
4180. (a) Every person who engages in any activity promoting or
opposing the adoption or repeal of any provision of the Kansas
constitution and who accepts moneys or property for the purpose of
engaging in such activity shall make an annual report to the secretary of
state of individual contributions or contributions in kind in an aggregate
amount or value in excess of $50 received during the preceding
calendar year for such purposes. The report shall show the name and
address of each contributor for the activity and the amount or value of
the individual contribution made, together with a total value of all
contributions received, and also shall account for expenditures in an
aggregate amount or value in excess of $50 from such contributions by
showing the amount or value expended to each payee and the purpose
of each such expenditure, together with a total value of all expenditures
made. The annual report shall be filed on or before February 15 of each
year for the preceding calendar year.
(b) In addition to the annual report, a person engaging in an
activity promoting the adoption or repeal of a provision of the Kansas
constitution who accepts any contributed moneys for such activity shall
make a preliminary report to the secretary of state 15 days prior to each
election at which a proposed constitutional amendment is submitted.
Such report shall show the name and address of each individual
contributor, together with the amount contributed or contributed in kind
in an aggregate amount or value in excess of $50, and the expenditures
in an aggregate amount or value in excess of $50 from such
contributions by showing the amount paid to each payee and the
purpose of the expenditure. A supplemental report in the same format
as the preliminary report shall be filed with the secretary of state within
15 days after any election on a constitutional proposition where
contributed funds are received and expended in opposing or promoting
such proposition.
(c) Any person who engages in any activity promoting or
opposing the adoption or repeal of any provision of the Kansas
constitution shall be considered engaged in such activity upon the date
the concurrent resolution passes the Kansas house of representatives
and senate in its final form. Upon such date, if the person has funds in
the constitutional amendment campaign treasury, such person shall be
required to report such funds as provided by this section.
(b)(d) (1) The commission shall send a notice by registered or
certified mail to any person failing to file any report required by
subsection (a), (b) or (c) within the time period prescribed therefor. The
notice shall state that the required report has not been filed with the
office of the secretary of state. The notice also shall state that such
person shall have 15 days from the date such notice is deposited in the
mail to comply with the reporting requirements before a civil penalty
shall be imposed for each day that the required documents remain HOUSE BILL No. 2206—page 12
unfiled. If such person fails to comply within the prescribed period,
such person shall pay to the state a civil penalty of $10 per day for each
day that such report remains unfiled, except that no such civil penalty
shall exceed $300. The commission may waive, for good cause,
payment of any civil penalty imposed by this section.
(2) Civil penalties provided for by this section shall be remitted 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 Kansas public disclosure commission
fee fund.
(3) 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.
(c)(e) The intentional failure to file any report required by
subsection (a) is a class A misdemeanor.
(d)(f) This section shall be a part of and supplemental to the
campaign finance act.
Sec. 16. K.S.A. 25-4186 is hereby amended to read as follows: 25-
4186. (a) Not later than 10 days after receiving any contribution or
making any expenditure for a gubernatorial inauguration, the governor-
elect shall appoint an inaugural treasurer. The name and address of such
treasurer shall be reported to the secretary of state by the governor-elect
not later than 10 days after the appointment.
(b) No person shall make any expenditure or make or receive any
contribution or receipt, in kind or otherwise, for a gubernatorial
inauguration except by or through the inaugural treasurer.
(c) The inaugural treasurer shall keep detailed accounts of all
contributions and other receipts received, in kind or otherwise, and all
expenditures made for a gubernatorial inauguration. Accounts of the
treasurer may be inspected under conditions determined by the
commission and shall be preserved for a period to be designated by the
commission. Every person who receives a contribution or other receipt,
in kind or otherwise, for an inaugural treasurer more than five days
before the ending date of any period for which a report is required
under this section, on demand of the treasurer, or in any event on or
before the ending date of the reporting period, shall remit the same and
render to the treasurer an account thereof, including the name and
address of the person, if known, making the contribution or other
receipt and the date received. No contribution or other receipt received
by the inaugural treasurer shall be commingled with personal funds of
the governor-elect or inaugural treasurer.
(d) The inaugural treasurer shall file with the secretary of state a
report on March 10 and July 10 following the inauguration. The report
filed on March 10 shall be for the period ending on February 28 and the
report filed on July 10 shall be for the period beginning on March 1 and
ending on June 30. Each report shall contain the information required
to be stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and
amendments thereto, and a declaration as to the correctness of the
report in the form prescribed by K.S.A. 25-4151, and amendments
thereto. The July 10 report shall be a termination report which shall
include full information as to the disposition of residual funds. If a
report is sent by certified mail on or before the day it is due, the mailing
shall constitute receipt by the secretary of state.
(e) The aggregate amount contributed, in kind or otherwise, by
any person for a gubernatorial inauguration shall not exceed $2,000. No
person shall make a contribution in the name of another person, and no
person knowingly shall accept a contribution made by one person in the
name of another. No person shall give or accept any contribution in
excess of $10 unless the name and address of the contributor is made
known to the individual receiving the contribution. The aggregate of
contributions for which the name and address of the contributor is not
known shall not exceed 50% of the amount one person may contribute. HOUSE BILL No. 2206—page 13
(f) No person shall copy any name of a contributor from any
report filed under this section and use such name for any commercial
purpose, and no person shall use any name for a commercial purpose
with knowledge that such name was obtained solely by copying
information relating to contributions contained in any report filed under
this section.
(g) In addition to other reports required by this section, the
inaugural treasurer shall report the amount and nature of debts and
obligations owed for the gubernatorial inauguration, at times prescribed
by the commission, continuing until such debts and obligations are
fully paid or discharged.
(h) (1) No moneys received by any inaugural treasurer shall be
used or be made available for the personal use of the governor-elect or
governor and no such moneys shall be used by such governor-elect or
governor except for legitimate gubernatorial inauguration expenses.
(2) For the purpose of this subsection, expenditures for "personal
use" shall include expenditures to defray normal living expenses and
expenditures for personal benefit having no direct connection with or
effect upon the inauguration.
(i) (1) Before the filing of a termination report in accordance with
this section, all residual funds not otherwise obligated for the payment
of expenses incurred for the gubernatorial inauguration shall be
remitted to the inaugural expense fund created by K.S.A. 25-4187, and
amendments thereto, in an amount equal to the amount certified to the
director of accounts and reports by the adjutant general as the amount
expended by the adjutant general for expenses incurred in connection
with the gubernatorial inauguration, or if the amount of residual funds
is less than the amount certified, the entire amount of the deposit.
(2) Any residual funds not otherwise obligated shall either be:
(A) Donated to any charitable organization which qualifies as a
501(c)(3) not-for-profit corporation under the federal internal revenue
code; or
(B) shall be remitted to the state treasurer who shall deposit the
entire amount in the state treasury and credit such money to the
executive mansion gifts fund for the purpose of funding expenditures
relating to the governor's residence, historic properties or both. Such
expenditures shall be subject to approval of the governor's residence
advisory commission.
(j) (1) The commission shall send a notice by registered or
certified mail to any inaugural treasurer who fails to file any report
required by this section within the time period prescribed therefor. The
notice shall state that the required report has not been filed with the
office of the secretary of state. The notice also shall state that the
treasurer shall have 15 days from the date such notice is deposited in
the mail to comply with the reporting requirements before a civil
penalty shall be imposed for each day that the required documents
remain unfiled. If the treasurer fails to comply within the prescribed
period, the treasurer shall pay to the state a civil penalty of $10 per day
for each day that the report remains unfiled, except that no such civil
penalty shall exceed $300. The commission may waive, for good cause,
payment of any civil penalty imposed by this subsection.
(2) Civil penalties provided for by this subsection shall be paid to
the state treasurer, who shall deposit the entire amount in the state
treasury and credit it to the governmental ethics Kansas public
disclosure commission fee fund.
(3) 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 Shawnee county.
(k) Any violation of subsection (e), (f) or (h) or any intentional
failure to file any report required by this section is a class A
misdemeanor.
(l) Nothing in this section shall be construed to apply to
expenditures of state moneys related to any inaugural activity.
(m) This section shall be a part of and supplemental to the HOUSE BILL No. 2206—page 14
campaign finance act.
Sec. 17. K.S.A. 46-246a is hereby amended to read as follows: 46-
246a. (a) From and after the effective date of this act, no state officer or
employee shall advocate or cause the employment, appointment,
promotion, transfer or advancement to any office or position of the
state, of a member of such officer's or employee's household or a
family member.
(b) No state officer or employee shall participate in an action
relating to the employment or discipline of a member of the officer's or
employee's household or a family member.
(c) The provisions of this section shall not apply to appointments
of members of the governor's staff, nor to any action involving the
employment, appointment, promotion, transfer or advancement of any
officer or employee occurring prior to the effective date of this act.
(d) The provisions of this section shall be subject to interpretation
and enforcement by the governmental ethics Kansas public disclosure
commission in the manner provided by K.S.A. 46-253 through 46-263,
and amendments thereto.
Sec. 18. K.S.A. 46-253 is hereby amended to read as follows: 46-
253. "Commission" as used in K.S.A. 46-215 to 46-280, inclusive, 46-
248a and K.S.A. 46-237a through 46-292, and amendments thereto,
means the governmental ethics Kansas public disclosure commission.
The commission may adopt rules and regulations for the administration
of the provisions of K.S.A. 46-215 to 46-280, 46-248a and K.S.A. 46-
237a through 46-292, and amendments thereto. Any rules and
regulations adopted by the Kansas governmental ethics commission on
governmental standards and conduct shall continue in force and effect
and shall be deemed to be the rules and regulations of the Kansas
public disclosure commission until revised, amended, repealed or
nullified pursuant to law. All rules and regulations of the commission
shall be subject to the provisions of article 4 of chapter 77 of Kansas
Statutes Annotated, and amendments thereto.
Sec. 19. K.S.A. 46-265 is hereby amended to read as follows: 46-
265. (a) Every lobbyist shall register 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 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 HOUSE BILL No. 2206—page 15
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 Kansas public
disclosure 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
section until the penalty has been paid in full.
Sec. 20. 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 state that such person shall have five days from the
date of receipt of such notice 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 HOUSE BILL No. 2206—page 16
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
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 such notice, 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 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 Kansas public disclosure 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. 21. K.S.A. 46-288 is hereby amended to read as follows: 46-
288. The commission, in addition to any other penalty prescribed under
K.S.A. 46-215 through 46-286, and amendments thereto, may assess a
civil fine, after proper notice and an opportunity to be heard, against
any person for a violation pursuant to K.S.A. 46-215 through 46-286,
and amendments thereto, in an amount not to exceed $5,000 for the
first violation, not to exceed $10,000 for the second violation and not to
exceed $15,000 for the third violation and for each subsequent
violation. All fines assessed and collected under this section shall be
remitted 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 Kansas public
disclosure commission fee fund.
Sec. 22. K.S.A. 46-295 is hereby amended to read as follows: 46-
295. (a) Every person who is registered as a lobbyist shall file with the
secretary of state a detailed report listing the amount of public funds
paid to hire or contract for the lobbying services on behalf of: (1) A
governmental entity; or (2) any association of governmental entities
that receive public funds. The report shall include a listing of the
amount of public funds paid to hire or contract for the lobbying
services of such lobbyist and which association of governmental
entities that receive public funds hired such lobbyist on a form and in
the manner prescribed and provided by the governmental ethics Kansas
public disclosure commission. Each report required to be filed by this
section is a public record and shall be open to public inspection upon
request. A report shall be filed on or before January 10, 2017, and on or
before January 10 of each subsequent year for the reporting period
containing the preceding calendar year.
(b) The reports filed with the secretary of state pursuant to
subsection (a) shall be made available on a searchable public website
by the secretary of state.
(c) As used in this section:
(1) "Governmental entity" has the meaning means the same as
defined in K.S.A. 75-6102, and amendments thereto.
(2) "Lobbying" has the meaning means the same as defined in
K.S.A. 46-225, and amendments thereto. HOUSE BILL No. 2206—page 17
(3) "Public funds" means moneys appropriated by the state or any
of its subdivisions.
Sec. 23. K.S.A. 2024 Supp. 74-50,297 is hereby amended to read
as follows: 74-50,297. (a) The commission may accept, use and dispose
of gifts and donations of money, property or personal services. The type
and quantity of gifts shall be enumerated and submitted to the Kansas
governmental ethics public disclosure commission each quarter and
shall be made available to the public on the commission's website.
(b) There is hereby established in the state treasury the Kansas
commission for the United States semiquincentennial gifts and
donations fund. Such fund shall be administered by the secretary of
commerce. All expenditures from the Kansas commission for the
United States semiquincentennial gifts and donations fund shall be for
promoting the Kansas commission for the United States
semiquincentennial. All expenditures from the Kansas commission for
the United States semiquincentennial gifts and donations fund shall be
made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the secretary or the secretary's designee.
(c) On December 31, 2027, the director of accounts and reports
shall transfer all moneys in the Kansas commission for the United
States semiquincentennial gifts and donations fund to the operating
expenditures account of the state economic development initiatives
fund of the department of commerce. On December 31, 2027, all
liabilities of the Kansas commission for the United States
semiquincentennial gifts and donations fund shall be transferred to and
imposed upon the operating expenditures account of the state economic
development initiatives fund of the department of commerce. On
December 31, 2027, the Kansas commission for the United States
semiquincentennial gifts and donations fund shall be abolished.
Sec. 24. K.S.A. 2024 Supp. 75-3036 is hereby amended to read as
follows: 75-3036. (a) The state general fund is exclusively defined as
the fund into which shall be placed all public moneys and revenue
coming into the state treasury not specifically authorized by the
constitution or by statute to be placed in a separate fund, and not given
or paid over to the state treasurer in trust for a particular purpose, which
unallocated public moneys and revenue shall constitute the general
fund of the state. Moneys received or to be used under constitutional or
statutory provisions or under the terms of a gift or payment for a
particular and specific purpose are to be kept as separate funds and
shall not be placed in the general fund or ever become a part of it.
(b) The following funds shall be used for the purposes set forth in
the statutes concerning such funds and for no other governmental
purposes. It is the intent of the legislature that the following funds and
the moneys deposited in such funds shall remain intact and inviolate for
the purposes set forth in the statutes concerning such funds: Board of
accountancy fee fund, K.S.A. 1-204 and 75-1119b, and amendments
thereto, and special litigation reserve fund of the board of accountancy;
bank commissioner fee fund, K.S.A. 9-1703, 16a-2-302 and 75-1308,
and amendments thereto, bank investigation fund, K.S.A. 9-1111b, and
amendments thereto, consumer education settlement fund and litigation
expense fund of the state bank commissioner; securities act fee fund
and investor education and protection fund, K.S.A. 17-12a601, and
amendments thereto, of the office of the securities commissioner of
Kansas; credit union fee fund, K.S.A. 17-2236, and amendments
thereto, of the state department of credit unions; court reporters fee
fund, K.S.A. 20-1a02, and amendments thereto, and bar admission fee
fund, K.S.A. 20-1a03, and amendments thereto, of the judicial branch;
fire marshal fee fund, K.S.A. 31-133a and 31-134, and amendments
thereto, and boiler inspection fee fund, K.S.A. 44-926, and amendments
thereto, of the state fire marshal; food service inspection reimbursement
fund, K.S.A. 36-512, and amendments thereto, of the Kansas
department of agriculture; wage claims assignment fee fund, K.S.A. 44-
324, and amendments thereto, and workmen's compensation fee fund, HOUSE BILL No. 2206—page 18
K.S.A. 74-715, and amendments thereto, of the department of labor;
veterinary examiners fee fund, K.S.A. 47-820, and amendments
thereto, of the state board of veterinary examiners; mined-land
reclamation fund, K.S.A. 49-420, and amendments thereto, of the
department of health and environment; conservation fee fund and
abandoned oil and gas well fund, K.S.A. 55-155, 55-176, 55-192, 55-
609, 55-711 and 55-901, and amendments thereto, gas pipeline
inspection fee fund, K.S.A. 66-1,155, and amendments thereto, and
public service regulation fund, K.S.A. 66-1503, and amendments
thereto, of the state corporation commission; land survey fee fund,
K.S.A. 58-2011, and amendments thereto, of the state historical society;
real estate recovery revolving fund, K.S.A. 58-3074, and amendments
thereto, of the Kansas real estate commission; appraiser fee fund,
K.S.A. 58-4107, and amendments thereto, and appraisal management
companies fee fund of the real estate appraisal board; amygdalin
(laetrile) enforcement fee fund, K.S.A. 65-6b10, and amendments
thereto; mortuary arts fee fund, K.S.A. 65-1718, and amendments
thereto, of the state board of mortuary arts; board of barbering fee fund,
K.S.A. 65-1817a, and amendments thereto, of the Kansas board of
barbering; cosmetology fee fund, K.S.A. 65-1951 and 74-2704, and
amendments thereto, of the Kansas state board of cosmetology; healing
arts fee fund, K.S.A. 65-2011, 65-2855, 65-2911, 65-5413, 65-5513,
65-6910, 65-7210 and 65-7309, and amendments thereto, and medical
records maintenance trust fund, of the state board of healing arts; other
state fees fund, K.S.A. 65-4024b, and amendments thereto, of the
Kansas department for aging and disability services; board of nursing
fee fund, K.S.A. 74-1108, and amendments thereto, of the board of
nursing; dental board fee fund, K.S.A. 74-1405, and amendments
thereto, and special litigation reserve fund, of the Kansas dental board;
optometry fee fund, K.S.A. 74-1503, and amendments thereto, and
optometry litigation fund, of the board of examiners in optometry; state
board of pharmacy fee fund, K.S.A. 74-1609, and amendments thereto,
and state board of pharmacy litigation fund, of the state board of
pharmacy; abstracters' fee fund, K.S.A. 74-3903, and amendments
thereto, of the abstracters' board of examiners; athletic fee fund, K.S.A.
74-50,188, and amendments thereto, of the department of commerce;
hearing instrument board fee fund, K.S.A. 74-5805, and amendments
thereto, and hearing instrument litigation fund of the Kansas board of
examiners in fitting and dispensing of hearing instruments; commission
on disability concerns fee fund, K.S.A. 74-6708, and amendments
thereto, of the governor's department; technical professions fee fund,
K.S.A. 74-7009, and amendments thereto, and special litigation reserve
fund of the state board of technical professions; behavioral sciences
regulatory board fee fund, K.S.A. 74-7506, and amendments thereto, of
the behavioral sciences regulatory board; governmental ethics Kansas
public dislcosure commission fee fund, K.S.A. 25-4119e, and
amendments thereto, of the governmental ethics Kansas public
disclosure commission; emergency medical services board operating
fund, K.S.A. 75-1514, and amendments thereto, of the emergency
medical services board; fire service training program fund, K.S.A. 75-
1514, and amendments thereto, of the university of Kansas; uniform
commercial code fee fund, K.S.A. 75-448, and amendments thereto, of
the secretary of state; prairie spirit rails-to-trails fee fund of the Kansas
department of wildlife, parks and tourism; water marketing fund,
K.S.A. 82a-1315c, and amendments thereto, of the Kansas water office;
insurance department service regulation fund, K.S.A. 40-112, and
amendments thereto, of the insurance department; state fair special cash
fund, K.S.A. 2-220, and amendments thereto, of the state fair board;
scrap metal theft reduction fee fund, K.S.A. 2024 Supp. 50-6,109a, and
amendments thereto; and any other fund in which fees are deposited for
licensing, regulating or certifying a person, profession, commodity or
product.
(c) If moneys received pursuant to statutory provisions for a
specific purpose by a fee agency are proposed to be transferred to the HOUSE BILL No. 2206—page 19
state general fund or a special revenue fund to be expended for general
government services and purposes in the governor's budget report
submitted pursuant to K.S.A. 75-3721, and amendments thereto, or any
introduced house or senate bill, the person or business entity who paid
such moneys within the preceding 24-month period shall be notified by
the fee agency within 30 days of such submission or introduction:
(1) By electronic means, if the fee agency has an electronic
address on record for such person or business entity. If no such
electronic address is available, the fee agency shall send written notice
by first class mail; or
(2) any agency that receives fees from a tax, fee, charge or levy
paid to the commissioner of insurance shall post the notification
required by this subsection on such agency's website.
(d) Any such moneys that are wrongfully or by mistake placed in
the general fund shall constitute a proper charge against such general
fund. All legislative appropriations which do not designate a specific
fund from which they are to be paid shall be considered to be proper
charges against the general fund of the state. All revenues received by
the state of Kansas or any department, board, commission, or institution
of the state of Kansas, and required to be paid into the state treasury
shall be placed in and become a part of the state general fund, except as
otherwise provided by law.
(e) The provisions of this section shall not apply to the 10%
credited to the state general fund to reimburse the state general fund for
accounting, auditing, budgeting, legal, payroll, personnel and
purchasing services, and any and all other state governmental services,
as provided in K.S.A. 75-3170a, and amendments thereto.
(f) Beginning on January 8, 2018, the director of the budget shall
prepare a report listing the unencumbered balance of each fund in
subsection (b) on June 30 of the previous fiscal year and January 1 of
the current fiscal year. Such report shall be delivered to the secretary of
the senate and the chief clerk of the house of representatives on or
before the first day of the regular legislative session each year.
(g) As used in this section, "fee agency" shall include the state
agencies specified in K.S.A. 75-3717(f), and amendments thereto, and
any other state agency that collects fees for licensing, regulating or
certifying a person, profession, commodity or product.
Sec. 25. K.S.A. 75-3717 is hereby amended to read as follows: 75-
3717. (a) As provided in this section, each state agency, not later than
October 1 of each year, shall file with the division of the budget its
budget estimates for the next fiscal year, and all amendments and
revisions thereof, except that, in lieu of such annual filing, each agency
listed in subsection (f), not later than October 1, 2000, and every two
years thereafter, shall file budget estimates for the next fiscal year and
for the ensuing fiscal year thereafter. Each agency listed in subsection
(f) may file adjustments to such agency's budget that was approved by
the legislature during a prior fiscal year. All such budget estimates shall
be in the form provided by the director of the budget. Each agency's
budget estimates shall include:
(1) A full explanation of the agency's request for any
appropriations for the expansion of present services or the addition of
new activities, including an estimate of the anticipated expenditures for
the next fiscal year and for each of the three ensuing fiscal years which
would be required to support each expansion of present services or
addition of new services as requested by the state agency;
(2) a listing of all programs of the agency that provide services for
children and their families and the following information regarding
each such program: Of the amount of the agency's request for
appropriations to fund the program, that amount which will be spent on
services for children or families with children and the number of
children or families with children who are served by the program; and
(3) a listing of the sources and amounts of all federal funds
received or budgeted for by a state agency for the purpose of homeland
security or for the purpose of sustaining, enhancing or improving the HOUSE BILL No. 2206—page 20
safety and security of the state, the amount of such funds budgeted for
expenditure on administrative cost and the amount of such funds
budgeted for expenditure on aid to each unit of local government.
(b) At the same time as each state agency submits to the division
of the budget a copy of its budget estimate, and all amendments and
revisions thereof, each such state agency shall submit a copy of such
estimate, and all amendments and revisions thereof, directly to the
legislative research department for legislative use.
(c) The director of the budget shall require the agencies to submit
a sufficient number of copies of their budget estimates, and all
amendments and revisions thereof, to the director's office to satisfy the
requirements of such office and one additional copy for legislative use
which shall be retained in the division of the budget until the budget of
the governor is submitted to the legislature. On or before the day that
such budget is submitted to the legislature such legislative use copy,
posted to reflect the governor's budget recommendations, shall be
submitted to the legislative research department for use by the ways
and means committee of the senate and the committee on
appropriations of the house of representatives. Following presentation
of the governor's budget report to the legislature, the legislative
research department may request and shall receive detailed information
from the division of the budget on the governor's budget
recommendations.
(d) The director of the budget may prepare budget estimates for
any state agency failing to file a request.
(e) As used in this section, "services for children and their
families" includes, but is not limited to, any of the following services,
whether provided directly or made accessible through subsidies or
other payments:
(1) Financial support for children and families with children or
enforcement of the obligation to support a child or a family with one or
more children;
(2) prenatal care, health care for children or immunizations for
children;
(3) mental health or retardation services for children;
(4) nutrition for children or families with children or nutritional
counseling or supplements for pregnant or nursing women;
(5) child care, early childhood education or parenting education;
(6) licensure or regulation of child care or early childhood
education programs;
(7) treatment, counseling or other services to preserve families;
(8) care, treatment, placement or adoption of children without
functioning families;
(9) services to prevent child abuse and to treat and protect child
abuse victims;
(10) services for children who are pregnant, substance abusers or
otherwise involved in high risk behavior;
(11) services related to court proceedings involving children; and
(12) youth employment services.
(f) On a biennial basis, the following state agencies shall file
budget estimates under the provisions of subsection (a): Abstracters'
board of examiners, behavioral sciences regulatory board, board of
accountancy, board of examiners in optometry, board of nursing,
consumer credit commissioner, Kansas board of barbering, Kansas
board of examiners in fitting and dispensing of hearing aids, Kansas
dental board, Kansas real estate commission, Kansas state board of
cosmetology, office of the securities commissioner of Kansas, real
estate appraisal board, state bank commissioner, state board of healing
arts, state board of mortuary arts, state board of pharmacy, state board
of technical professions, state board of veterinary examiners,
governmental ethics Kansas public disclosure commission, state
department of credit unions, and Kansas home inspectors registration
board.
Sec. 26. K.S.A. 75-4302a is hereby amended to read as follows: HOUSE BILL No. 2206—page 21
75-4302a. (a) The statement of substantial interests shall include all
substantial interests of the individual making the statement.
(b) Statements of substantial interests shall be filed by the
following individuals at the times specified:
(1) By a candidate for local office who becomes a candidate on or
before the filing deadline for the office, not later than 10 days after the
filing deadline, unless before that time the candidacy is officially
declined or rejected.
(2) By a candidate for local office who becomes a candidate after
the filing deadline for the office, within five days of becoming a
candidate, unless within that period the candidacy is officially declined
or rejected.
(3) By an individual appointed on or before April 30 of any year to
fill a vacancy in an elective office of a governmental subdivision,
between April 15 and April 30, inclusive, of that year.
(4) By an individual appointed after April 30 of any year to fill a
vacancy in an elective office of a governmental subdivision, within 15
days after the appointment.
(5) By any individual holding an elective office of a governmental
subdivision, between April 15 and April 30, inclusive, of any year if,
during the preceding calendar year, any change occurred in the
individual's substantial interests.
(c) The statement of substantial interests required to be filed
pursuant to this section shall be filed in the office where declarations of
candidacy for the local governmental office sought or held by the
individual are required to be filed.
(d) The governmental ethics Kansas public disclosure commission
shall adopt rules and regulations prescribing the form and the manner
for filing the disclosures of substantial interests required by law. The
commission shall provide samples of the form of the statement to each
county election officer.
(e) If an individual or an individual's spouse holds the position of
officer, director, associate, partner or proprietor in an organization
exempt from federal taxation of corporations under section 501(c)(3),
(4), (6), (7), (8), (10) or (19) of chapter 26 of the United States code,
the individual shall comply with all disclosure provisions of
subsections (a), (b), (c) and (d) of this section notwithstanding the
provisions of K.S.A. 75-4301, and amendments thereto, which provide
that these individuals may not have a substantial interest in these
corporations.
Sec. 27. K.S.A. 75-4303a is hereby amended to read as follows:
75-4303a. (a) The governmental ethics Kansas public disclosure
commission shall render advisory opinions on the interpretation or
application of K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305
and 75-4306, and amendments thereto. The opinions shall be rendered
after receipt of a written request therefor by a local governmental
officer or employee or by any person who has filed as a candidate for
local office. Any person who requests and receives an advisory opinion
and who acts in accordance with its provisions shall be presumed to
have complied with the provisions of the general conflict of interests
law. A copy of any advisory opinion rendered by the commission shall
be filed by the commission in the office of the secretary of state, and
any opinion so filed shall be open to public inspection. All requests for
advisory opinions shall be directed to the secretary of state who shall
notify the commission thereof.
(b) The governmental ethics Kansas public disclosure commission
shall administer K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-
4305 and 75-4306, and amendments thereto, and may adopt rules and
regulations therefor.
Sec. 28. K.S.A. 2024 Supp. 77-440 is hereby amended to read as
follows: 77-440. (a) All rules and regulations adopted by state agencies
under the provisions of K.S.A. 77-415 et seq., and amendments thereto,
shall be reviewed every five years in accordance with this section.
(b) (1) Each state agency that has adopted rules and regulations HOUSE BILL No. 2206—page 22
shall submit a report to the joint committee on administrative rules and
regulations on or before July 15 of the year that corresponds to such
state agency under paragraph (2). Such report shall contain a summary
of such state agency's review and evaluation of rules and regulations
adopted by such state agency, including a statement for each rule and
regulation as to whether such rule and regulation is necessary for the
implementation and administration of state law or may be revoked
pursuant to K.S.A. 77-426(d), and amendments thereto.
(2) Each state agency that has adopted rules and regulations shall
submit a report as required under paragraph (1) in the years that
correspond to such state agency as follows:
(A) For 2023 and every fifth year thereafter, the following state
agencies:
(i) Department of administration;
(ii) municipal accounting board;
(iii) state treasurer;
(iv) Kansas department of agriculture;
(v) Kansas department of agriculture—division of water
resources;
(vi) state election board;
(vii) secretary of state;
(viii) livestock brand commissioner;
(ix) Kansas department of agriculture—division of animal health;
(x) Kansas bureau of investigation;
(xi) Kansas department of agriculture—division of conservation;
(xii) agricultural labor relations board;
(xiii) alcoholic beverage control board of review;
(xiv) Kansas department of revenue—division of alcoholic
beverage control;
(xv) athletic commission;
(xvi) attorney general;
(xvii) office of the state bank commissioner;
(xviii) employee award board;
(xix) governmental ethicsKansas public disclosure commission;
(xx) crime victims compensation board;
(xxi) Kansas human rights commission;
(xxii) state fire marshal; and
(xxiii) Kansas department of wildlife and parks;
(B) for 2024 and every fifth year thereafter, the following state
agencies:
(i) Kansas wheat commission;
(ii) Kansas state grain inspection department;
(iii) Kansas department for aging and disability services;
(iv) Kansas energy office;
(v) department of health and environment;
(vi) Kansas department for children and families;
(vii) park and resources authority;
(viii) state salvage board;
(ix) Kansas department of transportation;
(x) Kansas highway patrol;
(xi) savings and loan department;
(xii) Kansas turnpike authority;
(xiii) insurance department;
(xiv) food service and lodging board;
(xv) commission on alcoholism;
(xvi) corrections ombudsman board;
(xvii) department of corrections;
(xviii) Kansas prisoner review board;
(xix) executive council;
(xx) mined-land conservation and reclamation (KDHE);
(xxi) department of labor—employment security board of review;
(xxii) department of labor;
(xxiii) department of labor—division of employment; and
(xxiv) department of labor—division of workers compensation; HOUSE BILL No. 2206—page 23
(C) for 2025 and every fifth year thereafter, the following state
agencies:
(i) State records board;
(ii) state library;
(iii) board for the registration and examination of landscape
architects;
(iv) adjutant general's department;
(v) state board of nursing;
(vi) Kansas board of barbering;
(vii) state board of mortuary arts;
(viii) board of engineering examiners;
(ix) board of examiners in optometry;
(x) state board of technical professions;
(xi) Kansas board of examiners in fitting and dispensing of
hearing instruments;
(xii) state board of pharmacy;
(xiii) Kansas state board of cosmetology;
(xiv) state board of veterinary examiners;
(xv) Kansas dental board;
(xvi) board of examiners of psychologists;
(xvii) registration and examining board for architects;
(xviii) board of accountancy;
(xix) state bank commissioner—consumer and mortgage lending
division;
(xx) board of basic science examiners;
(xxi) Kansas public employees retirement system;
(xxii) office of the securities commissioner; and
(xxiii) Kansas corporation commission;
(D) for 2026 and every fifth year thereafter, the following state
agencies:
(i) Public employee relations board;
(ii) abstracters' board of examiners;
(iii) Kansas real estate commission;
(iv) education commission;
(v) state board of regents;
(vi) school budget review board;
(vii) school retirement board;
(viii) state department of education;
(ix) Kansas department of revenue;
(x) Kansas department of revenue—division of property valuation;
(xi) state board of tax appeals;
(xii) crop improvement association;
(xiii) Kansas office of veterans services;
(xiv) Kansas water office;
(xv) Kansas department of agriculture—division of weights and
measures;
(xvi) state board of healing arts;
(xvii) podiatry board;
(xviii) behavioral sciences regulatory board;
(xix) state bank commissioner and savings and loan commissioner
—joint regulations;
(xx) consumer credit commissioner, credit union administrator,
savings and loan commissioner and bank commissioner—joint
regulations;
(xxi) state board of indigents' defense services;
(xxii) Kansas commission on peace officers' standards and
training; and
(xxiii) law enforcement training center; and
(E) for 2027 and every fifth year thereafter, the following state
agencies:
(i) Kansas state employees health care commission;
(ii) emergency medical services board;
(iii) department of commerce;
(iv) Kansas lottery; HOUSE BILL No. 2206—page 24
(v) Kansas racing and gaming commission;
(vi) Kansas department of wildlife and parks;
(vii) Kansas state fair board;
(viii) real estate appraisal board;
(ix) state historical society;
(x) health care data governing board;
(xi) state department of credit unions;
(xii) pooled money investment board;
(xiii) department of corrections—division of juvenile services;
(xiv) state child death review board;
(xv) Kansas agricultural remediation board;
(xvi) unmarked burial sites preservation board;
(xvii) Kansas housing resources corporation;
(xviii) department of commerce—Kansas athletic commission;
(xix) department of health and environment—division of health
care finance;
(xx) home inspectors registration board;
(xxi) committee on surety bonds and insurance;
(xxii) 911 coordinating council; and
(xxiii) office of administrative hearings.
(c) For any state agency not listed in subsection (b)(2) that adopts
rules and regulations that become effective on or after July 1, 2022,
such state agency shall submit a report to the joint committee on
administrative rules and regulations in accordance with subsection (b)
(1) on or before July 15 of the fifth year after such rules and regulations
become effective and every fifth year thereafter.
(d) Notwithstanding any other provision of law, a rule and
regulation may be adopted or maintained by a state agency only if
such rule and regulation serves an identifiable public purpose to
support state law and may not be broader than is necessary to meet
such public purpose.
(e) This section shall be a part of and supplemental to the rules
and regulations filing act, K.S.A. 77-415 et seq., and amendments
thereto. HOUSE BILL No. 2206—page 25
Sec. 29. K.S.A. 25-4119a, 25-4119b, 25-4119e, 25-4119f, 25-
4142, 25-4150, 25-4152, 25-4153b, 25-4154, 25-4157, 25-4158a, 25-
4180, 25-4186, 46-246a, 46-253, 46-265, 46-280, 46-288, 46-295, 75-
3717, 75-4302a and 75-4303a and K.S.A. 2024 Supp. 25-4143, 25-
4145, 74-50,297, 75-3036 and 77-440 are hereby repealed.
Sec. 30. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.