Kansas 2025-2026 Regular Session

Kansas House Bill HB2206 Compare Versions

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1+Session of 2025
12 HOUSE BILL No. 2206
2-AN ACT concerning elections; relating to campaign finance; requiring the termination of
3-any candidate campaign account for an elected official who chooses not to be a
4-candidate for such office or who is defeated in a subsequent election; renaming the
5-commission as the Kansas public disclosure commission; defining certain terms;
6-requiring the filing of statements of independent expenditures; prohibiting
7-agreements requiring contributions in the name of another person; amending K.S.A.
8-25-4119a, 25-4119b, 25-4119e, 25-4119f, 25-4142, 25-4150, 25-4152, 25-4153b, 25-
9-4154, 25-4157, 25-4158a, 25-4180, 25-4186, 46-246a, 46-253, 46-265, 46-280, 46-
10-288, 46-295, 75-3717, 75-4302a and 75-4303a and K.S.A. 2024 Supp. 25-4143, 25-
11-4145, 74-50,297, 75-3036 and 77-440 and repealing the existing sections.
3+By Committee on Elections
4+Requested by Representative Waggoner
5+2-3
6+AN ACT concerning campaign finance; relating to the Kansas
7+governmental ethics commission; renaming the commission as the
8+Kansas public disclosure commission; defining certain terms; requiring
9+the filing of statements of independent expenditures; prohibiting
10+agreements requiring contributions in the name of another person;
11+amending K.S.A. 25-4119a, 25-4119b, 25-4119e, 25-4119f, 25-4142,
12+25-4150, 25-4152, 25-4153b, 25-4154, 25-4157, 25-4158a, 25-4180,
13+25-4186, 46-246a, 46-253, 46-265, 46-280, 46-288, 46-295, 75-3717,
14+75-4302a and 75-4303a and K.S.A. 2024 Supp. 25-4143, 25-4145, 74-
15+50,297, 75-3036 and 77-440 and repealing the existing sections.
1216 Be it enacted by the Legislature of the State of Kansas:
13-New Section 1. If any person elected to state or local office
14-decides not to be a candidate for such office at the next election or is
15-defeated as a candidate for such office, whether in a primary election or
16-a general election, then any candidate campaign account for such
17-person for such office shall be terminated on or before the date that is
18-90 days after the date of the second subsequent general election for
19-such office in which such person is not elected. The treasurer for any
20-such candidate campaign account shall dispose of any residual funds as
21-required under K.S.A. 25-4157a, and amendments thereto, and file the
22-required termination report pursuant to K.S.A. 25-4157, and
23-amendments thereto.
24-Sec. 2. K.S.A. 25-4119a is hereby amended to read as follows: 25-
17+Section 1. K.S.A. 25-4119a is hereby amended to read as follows: 25-
2518 4119a. (a) There is hereby created the Kansas public disclosure
2619 commission on governmental standards and conduct.
2720 (b) On and after July 1, 1998 2025, the Kansas commission on
2821 governmental standards and conduct is hereby redesignated as the
2922 governmental ethics commission is hereby redesignated as the Kansas
3023 public disclosure commission. On and after July 1, 1998, Whenever the
31-Kansas governmental ethics commission on governmental standards
32-and conduct, or words of like effect, is referred to or designated by a
33-statute, contract or other document, such reference or designation shall
34-be deemed to apply to the governmental ethics Kansas public
35-disclosure commission. Nothing in this act shall be construed as
36-abolishing and reestablishing the Kansas governmental ethics
37-commission on governmental standards and conduct.
24+Kansas governmental ethics commission on governmental standards and
25+conduct, or words of like effect, is referred to or designated by a statute,
26+contract or other document, such reference or designation shall be deemed
27+to apply to the governmental ethics Kansas public disclosure commission.
28+Nothing in this act shall be construed as abolishing and reestablishing the
29+Kansas governmental ethics commission on governmental standards and
30+conduct.
3831 (c) The Kansas public disclosure commission shall consist of nine
3932 members of whom two shall be appointed by the governor, one by the
40-president of the senate, one by the speaker of the house of
41-representatives, one by the minority leader of the house of
42-representatives, one by the minority leader of the senate, one by the
43-chief justice of the supreme court, one by the attorney general and one
44-by the secretary of state. Nothing in this act shall be construed as
45-affecting the terms of members serving on July 1, 1998 2025. Not more
46-than five members of the commission shall be members of the same
47-political party and the two members appointed by the governor shall
48-not be members of the same political party.
49-(c)(d) The terms of all subsequently appointed members shall be
50-two years commencing on February 1 of the appropriate years.
51-Vacancies occurring on the commission shall be filled for the unexpired
52-term by the same appointing officer as made the original appointment.
53-Members shall serve until their successors are appointed and qualified.
54-The governor shall designate one of the members appointed by the
55-governor to be the chairperson of the commission. A majority vote of
56-five members of the commission shall be required for any action of the
57-commission. The commission may adopt rules to govern its
58-proceedings and may provide for such officers other than the
59-chairperson as it may determine. The commission shall meet at least
60-once each quarter, and also shall meet on call of its chairperson or any
61-four members of the commission. Members of the commission
62-attending meetings of such commission, or attending a subcommittee
63-meeting thereof authorized by such commission, shall be paid
64-compensation, subsistence allowances, mileage and other expenses as
65-provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223(a)
66-through (d), and amendments thereto. HOUSE BILL No. 2206—page 2
67-(e) The commission shall appoint an executive director who shall
68-be in the unclassified service and receive compensation fixed by the
33+president of the senate, one by the speaker of the house of representatives,
34+one by the minority leader of the house of representatives, one by the
35+minority leader of the senate, one by the chief justice of the supreme court,
36+one by the attorney general and one by the secretary of state. Nothing in
37+this act shall be construed as affecting the terms of members serving on
38+July 1, 1998 2025. Not more than five members of the commission shall
39+be members of the same political party and the two members appointed by
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75+the governor shall not be members of the same political party.
76+(c)(d) The terms of all subsequently appointed members shall be two
77+years commencing on February 1 of the appropriate years. Vacancies
78+occurring on the commission shall be filled for the unexpired term by the
79+same appointing officer as made the original appointment. Members shall
80+serve until their successors are appointed and qualified. The governor shall
81+designate one of the members appointed by the governor to be the
82+chairperson of the commission. A majority vote of five members of the
83+commission shall be required for any action of the commission. The
84+commission may adopt rules to govern its proceedings and may provide
85+for such officers other than the chairperson as it may determine. The
86+commission shall meet at least once each quarter, and also shall meet on
87+call of its chairperson or any four members of the commission. Members
88+of the commission attending meetings of such commission, or attending a
89+subcommittee meeting thereof authorized by such commission, shall be
90+paid compensation, subsistence allowances, mileage and other expenses as
91+provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223(a) through
92+(d), and amendments thereto.
93+(e) The commission shall appoint an executive director who shall be
94+in the unclassified service and receive compensation fixed by the
6995 commission, in accordance with appropriation acts of the legislature,
7096 subject to approval by the governor. The commission may employ such
71-other staff and attorneys as it determines, within amounts appropriated
72-to the commission, all of whom shall be in the unclassified service and
73-shall receive compensation fixed by the commission and not subject to
74-approval by the governor.
97+other staff and attorneys as it determines, within amounts appropriated to
98+the commission, all of whom shall be in the unclassified service and shall
99+receive compensation fixed by the commission and not subject to approval
100+by the governor.
75101 (d)(f) The commission may adopt rules and regulations for the
76102 administration of the campaign finance act. Subject to K.S.A. 25-4178,
77-and amendments thereto, rules and regulations adopted by the
78-commission created prior to this act July 1, 2025, shall continue in
79-force and effect and shall be deemed to be the rules and regulations of
80-the commission created by this section of this enactment, until revised,
81-amended, repealed or nullified pursuant to law. All rules and
82-regulations of the commission shall be subject to the provisions of
83-article 4 of chapter 77 of Kansas Statutes Annotated. The commission
84-shall continue to administer all of the acts administered by the
85-commission to which it is successor.
86-(e)(g) The commission may provide copies of opinions,
87-informational materials compiled and published by the commission and
88-public records filed in the office of the commission to persons
89-requesting the same and may adopt rules and regulations fixing
90-reasonable fees therefor. All fees collected by the commission under the
91-provisions of this subsection shall be remitted to the state treasurer in
92-accordance with the provisions of K.S.A. 75-4215, and amendments
93-thereto. Upon receipt of each such remittance, the state treasurer shall
94-deposit the entire amount in the state treasury to the credit of the
95-governmental ethics Kansas public disclosure commission fee fund.
103+and amendments thereto, rules and regulations adopted by the commission
104+created prior to this act July 1, 2025, shall continue in force and effect and
105+shall be deemed to be the rules and regulations of the commission created
106+by this section of this enactment, until revised, amended, repealed or
107+nullified pursuant to law. All rules and regulations of the commission shall
108+be subject to the provisions of article 4 of chapter 77 of Kansas Statutes
109+Annotated. The commission shall continue to administer all of the acts
110+administered by the commission to which it is successor.
111+(e)(g) The commission may provide copies of opinions, informational
112+materials compiled and published by the commission and public records
113+filed in the office of the commission to persons requesting the same and
114+may adopt rules and regulations fixing reasonable fees therefor. All fees
115+collected by the commission under the provisions of this subsection shall
116+be remitted to the state treasurer in accordance with the provisions of
117+K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
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161+remittance, the state treasurer shall deposit the entire amount in the state
162+treasury to the credit of the governmental ethics Kansas public disclosure
163+commission fee fund.
96164 (f)(h) The commission shall submit an annual report and
97-recommendations in relation to all acts administered by the commission
98-to the governor and to the legislative coordinating council on or before
165+recommendations in relation to all acts administered by the commission to
166+the governor and to the legislative coordinating council on or before
99167 December 1 of each year. The legislative coordinating council shall
100168 transmit such report and recommendations to the legislature.
101-(g) Whenever the Kansas commission on governmental standards
102-and conduct, or words of like effect, is referred to or designated by a
103-statute, contract or other document, such reference or designation shall
104-be deemed to apply to the governmental ethics commission.
105-Sec. 3. K.S.A. 25-4119b is hereby amended to read as follows: 25-
106-4119b. (a) All of the powers, duties and functions of the existing
107-Kansas governmental ethics commission are hereby transferred to and
108-conferred and imposed upon the Kansas public disclosure commission
109-created by K.S.A. 25-4119a, as amended and amendments thereto.
110-(b) The Kansas public disclosure commission created by K.S.A.
111-25-4119a, as amended, shall be the successor in every way to the
112-powers, duties and functions of the Kansas governmental ethics
113-commission in which the same were vested prior to the effective date of
114-this act July 1, 2025.
115-(c) Whenever the governmental ethics commission, or words of
116-like effect, is referred to or designated by a statute, contract or other
117-document, such reference or designation shall be deemed to apply to
118-the Kansas public disclosure commission created by K.S.A. 25-4119a,
119-as amended.
120-(d) Subject to K.S.A. 25-4178, and amendments thereto, all
121-opinions rendered pursuant to K.S.A. 25-4120 and 46-254, and
122-amendments thereto, by the Kansas governmental ethics commission
123-before the effective date of this act prior to July 1, 2025, shall continue
124-to be in force and effect and shall be deemed to be opinions of the
125-Kansas public disclosure commission created by K.S.A. 25-4119a, as
126-amended, until revised, amended or nullified pursuant to law.
169+(g) Whenever the Kansas commission on governmental standards and
170+conduct, or words of like effect, is referred to or designated by a statute,
171+contract or other document, such reference or designation shall be deemed
172+to apply to the governmental ethics commission.
173+Sec. 2. K.S.A. 25-4119b is hereby amended to read as follows: 25-
174+4119b. (a) All of the powers, duties and functions of the existing Kansas
175+governmental ethics commission are hereby transferred to and conferred
176+and imposed upon the Kansas public disclosure commission created by
177+K.S.A. 25-4119a, as amended and amendments thereto.
178+(b) The Kansas public disclosure commission created by K.S.A. 25-
179+4119a, as amended, shall be the successor in every way to the powers,
180+duties and functions of the Kansas governmental ethics commission in
181+which the same were vested prior to the effective date of this act July 1,
182+2025.
183+(c) Whenever the governmental ethics commission, or words of like
184+effect, is referred to or designated by a statute, contract or other document,
185+such reference or designation shall be deemed to apply to the Kansas
186+public disclosure commission created by K.S.A. 25-4119a, as amended.
187+(d) Subject to K.S.A. 25-4178, and amendments thereto, all opinions
188+rendered pursuant to K.S.A. 25-4120 and 46-254, and amendments
189+thereto, by the Kansas governmental ethics commission before the
190+effective date of this act prior to July 1, 2025, shall continue to be in force
191+and effect and shall be deemed to be opinions of the Kansas public
192+disclosure commission created by K.S.A. 25-4119a, as amended, until
193+revised, amended or nullified pursuant to law.
127194 (e)(d) The Kansas public disclosure commission created by K.S.A.
128-25-4119a, as amended, shall be a continuation of the Kansas
129-governmental ethics commission.
130-Sec. 4. K.S.A. 25-4119e is hereby amended to read as follows: 25- HOUSE BILL No. 2206—page 3
195+25-4119a, as amended, shall be a continuation of the Kansas governmental
196+ethics commission.
197+Sec. 3. K.S.A. 25-4119e is hereby amended to read as follows: 25-
131198 4119e. (a) There is hereby established in the state treasury the
132-governmental ethics Kansas public disclosure commission fee fund. All
199+governmental ethics Kansas public disclsoure commission fee fund. All
133200 moneys credited to such fund shall be used for the operations of the
134-commission in the performance of powers, duties and functions
135-prescribed by law. All expenditures from such fund shall be made in
136-accordance with the provisions of appropriation acts and upon warrants
137-of the director of accounts and reports issued pursuant to vouchers
138-approved by the chairperson of the commission or the chairperson's
139-designee.
140-(b) The director of accounts and reports is hereby directed to
141-transfer all moneys in the Kansas commission on governmental
142-standards and conduct fee fund to the governmental ethics commission
143-fee fund established pursuant to subsection (a). All liabilities of the
144-Kansas commission on governmental standards and conduct fee fund
145-existing prior to July 1, 1998, are hereby imposed on the governmental
146-ethics commission fee fund established pursuant to subsection (a). The
147-Kansas commission on governmental standards and conduct fee fund is
148-hereby abolishedOn July 1, 2025, the governmental ethics commission
149-fee fund is hereby redesignated as the Kansas public disclosure
150-commission fee fund of the Kansas public disclosure commission.
151-Sec. 5. K.S.A. 25-4119f is hereby amended to read as follows: 25-
201+commission in the performance of powers, duties and functions prescribed
202+by law. All expenditures from such fund shall be made in accordance with
203+the provisions of appropriation acts and upon warrants of the director of
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247+accounts and reports issued pursuant to vouchers approved by the
248+chairperson of the commission or the chairperson's designee.
249+(b) The director of accounts and reports is hereby directed to transfer
250+all moneys in the Kansas commission on governmental standards and
251+conduct fee fund to the governmental ethics commission fee fund
252+established pursuant to subsection (a). All liabilities of the Kansas
253+commission on governmental standards and conduct fee fund existing
254+prior to July 1, 1998, are hereby imposed on the governmental ethics
255+commission fee fund established pursuant to subsection (a). The Kansas
256+commission on governmental standards and conduct fee fund is hereby
257+abolishedOn July 1, 2025, the governmental ethics commission fee fund is
258+hereby redesignated as the Kansas public disclosure commission fee fund
259+of the Kansas public disclosure commission.
260+Sec. 4. K.S.A. 25-4119f is hereby amended to read as follows: 25-
152261 4119f. (a) In addition to any other fee required by law, every person
153-becoming a candidate for the following offices shall pay a fee at the
154-time of filing for such office in the amount prescribed by this section:
155-(1) Governor and lieutenant governor.......................................... $650;
262+becoming a candidate for the following offices shall pay a fee at the time
263+of filing for such office in the amount prescribed by this section:
264+(1) Governor and lieutenant governor......................................... $650;
156265 (2) state offices elected by statewide election, other than the governor
157-and lieutenant governor.......................................................... $650;
266+and lieutenant governor......................................................... $650;
158267 (3) state senator, state representative, state board of education, district
159268 attorney, board of public utilities of the city of Kansas City and
160-elected county offices............................................................... $50;
269+elected county offices.............................................................. $50;
161270 and
162271 (4) members of boards of education of unified school districts having
163272 35,000 or more pupils regularly enrolled in the preceding school
164273 year, members of governing bodies of cities of the first class and
165274 judges of the district court in judicial districts in which judges are
166-elected....................................................................................... $50.
167-(b) The secretary of state shall remit all fees received by that
168-office to the state treasurer in accordance with the provisions of K.S.A.
169-75-4215, and amendments thereto. County election officers receiving
170-fees in accordance with this section shall remit such fees to the county
171-treasurer of the county who shall quarterly remit the same to the state
172-treasurer. Upon receipt of each such remittance, the state treasurer shall
173-deposit the entire amount in the state treasury to the credit of the
174-governmental ethics Kansas public disclosure commission fee fund.
175-Sec. 6. K.S.A. 25-4142 is hereby amended to read as follows: 25-
275+elected...................................................................................... $50.
276+(b) The secretary of state shall remit all fees received by that office to
277+the state treasurer in accordance with the provisions of K.S.A. 75-4215,
278+and amendments thereto. County election officers receiving fees in
279+accordance with this section shall remit such fees to the county treasurer of
280+the county who shall quarterly remit the same to the state treasurer. Upon
281+receipt of each such remittance, the state treasurer shall deposit the entire
282+amount in the state treasury to the credit of the governmental ethics
283+Kansas public disclsoure commission fee fund.
284+Sec. 5. K.S.A. 25-4142 is hereby amended to read as follows: 25-
176285 4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-414225-4119a through
177-25-4187 and K.S.A. 25-4153b 25-4189, and amendments thereto, shall
178-be known and may be cited as the campaign finance act.
179-Sec. 7. K.S.A. 2024 Supp. 25-4143 is hereby amended to read as
180-follows: 25-4143. As used in the campaign finance act, unless the
181-context otherwise requires:
286+25-4187 and K.S.A. 25-4153b 25-4189, and amendments thereto, shall be
287+known and may be cited as the campaign finance act.
288+Sec. 6. K.S.A. 2024 Supp. 25-4143 is hereby amended to read as
289+follows: 25-4143. As used in the campaign finance act, unless the context
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333+otherwise requires:
182334 (a) "Agent" means an individual who is:
183335 (1) A candidate;
184336 (2) a chairperson of a candidate, political or party committee;
185337 (3) a treasurer; or
186338 (4) any director, officer, employee, paid consultant or other person
187339 who is authorized to act on behalf of persons listed in this subsection.
188340 (b) "Candidate" means an individual who:
189341 (1) Appoints a treasurer or a candidate committee;
190-(2) makes a public announcement of intention to seek nomination
191-or election to state or local office;
342+(2) makes a public announcement of intention to seek nomination or
343+election to state or local office;
192344 (3) makes any expenditure or accepts any contribution for such
193345 person's nomination or election to any state or local office; or
194-(4) files a declaration or petition to become a candidate for state or HOUSE BILL No. 2206—page 4
346+(4) files a declaration or petition to become a candidate for state or
195347 local office.
196348 (c) "Candidate committee" means a committee appointed by a
197349 candidate to receive contributions and make expenditures for the
198350 candidate.
199351 (d) "Clearly identified candidate" means a candidate who has been
200352 identified by the:
201353 (1) Use of the name of the candidate;
202354 (2) use of a photograph or drawing of the candidate; or
203-(3) unambiguous reference to the candidate whether or not the
204-name, photograph or drawing of such candidate is used.
355+(3) unambiguous reference to the candidate whether or not the name,
356+photograph or drawing of such candidate is used.
205357 (e) "Commission" means the governmental ethics commission.
206358 (f) (1) "Contribution" means:
207359 (A) Any advance, conveyance, deposit, distribution, gift, loan or
208360 payment of money or any other thing of value given to a candidate,
209361 candidate committee, party committee or political committee for the
210362 express purpose of nominating, electing or defeating a clearly identified
211363 candidate for a state or local office;
212364 (B) any advance, conveyance, deposit, distribution, gift, loan or
213-payment of money or any other thing of value made to expressly
214-advocate the nomination, election or defeat of a clearly identified
215-candidate for a state or local office;
365+payment of money or any other thing of value made to expressly advocate
366+the nomination, election or defeat of a clearly identified candidate for a
367+state or local office;
216368 (C) a transfer of funds between any two or more candidate
217369 committees, party committees or political committees;
218370 (D) the payment, by any person other than a candidate, candidate
219-committee, party committee or political committee, of compensation to
220-an individual for the personal services rendered without charge to or for
221-a candidate's campaign or to or for any such committee;
371+committee, party committee or political committee, of compensation to an
372+individual for the personal services rendered without charge to or for a
373+candidate's campaign or to or for any such committee;
222374 (E) the purchase of tickets or admissions to, or advertisements in
223375 journals or programs for, testimonial events; or
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224419 (F) a mailing of materials designed to expressly advocate the
225420 nomination, election or defeat of a clearly identified candidate, which is
226421 made and paid for by a party committee with the consent of such
227422 candidate.
228423 (2) "Contribution" does not include:
229-(A) The value of volunteer services provided without
230-compensation;
231-(B) costs to a volunteer related to the rendering of volunteer
232-services not exceeding a fair market value of $50 during an allocable
233-election period as provided in K.S.A. 25-4149, and amendments
234-thereto;
235-(C) payment by a candidate or candidate's spouse for personal
236-meals, lodging and travel by personal automobile of the candidate or
237-candidate's spouse while campaigning; or
238-(D) the value of goods donated to events such as testimonial
239-events, bake sales, garage sales and auctions by any person not
240-exceeding a fair market value of $50 per event.
424+(A) The value of volunteer services provided without compensation;
425+(B) costs to a volunteer related to the rendering of volunteer services
426+not exceeding a fair market value of $50 during an allocable election
427+period as provided in K.S.A. 25-4149, and amendments thereto;
428+(C) payment by a candidate or candidate's spouse for personal meals,
429+lodging and travel by personal automobile of the candidate or candidate's
430+spouse while campaigning; or
431+(D) the value of goods donated to events such as testimonial events,
432+bake sales, garage sales and auctions by any person not exceeding a fair
433+market value of $50 per event.
241434 (g) (1) "Cooperation or consent" means, with respect to
242435 expenditures:
243436 (A) An express advocacy expenditure that is created, produced or
244437 distributed at the request or recommendation of a candidate, candidate
245438 committee or party committee; or
246439 (B) an express advocacy expenditure that is created, produced or
247440 distributed at the recommendation of a person who is paying for such
248441 express advocacy and the candidate, candidate committee or party
249442 committee assents to such recommendation.
250443 (2) "Cooperation or consent" does not include:
251-(A) A candidate's or a political party's response to an inquiry
252-about such candidate's or political party's positions on legislative or
253-policy issues;
254-(B) an expenditure for which the information material to the
255-creation, production, distribution or undertaking of the expenditure
256-was obtained from a publicly available source;
444+(A) A candidate's or a political party's response to an inquiry about
445+such candidate's or political party's positions on legislative or policy
446+issues;
447+(B) an expenditure for which the information material to the creation,
448+production, distribution or undertaking of the expenditure was obtained
449+from a publicly available source;
257450 (C) an endorsement of a candidate;
258-(D) soliciting contributions for any committee; HOUSE BILL No. 2206—page 5
259-(E) an expenditure for the use of a commercial vendor or to a
260-former employee of the candidate by the person making the expenditure
261-if:
262-(i) The commercial vendor or former employee has provided
263-political services to such candidate during the 120 days immediately
264-preceding such expenditure;
265-(ii) a firewall is established and implemented by the person
266-making the expenditure; and
267-(iii) the firewall is designed and implemented to prohibit the flow
268-of information between employees or consultants providing services for
269-the person making the expenditure and those employees or consultants
270-who are currently providing or previously provided services to such
271-candidate; and
272-(F) an expenditure for the use of a commercial vendor or to a
273-former employee of the candidate by the person making the expenditure
274-and the commercial vendor or former employee has not provided
275-political services to such candidate during the 120 days immediately
276-preceding such expenditure.
451+(D) soliciting contributions for a candidate or party committee;
452+(E) an expenditure for the use of a commercial vendor or to a former
453+employee of the candidate by the person making the expenditure if:
454+(i) The commercial vendor or former employee has provided political
455+services to such candidate during the 120 days immediately preceding
456+such expenditure;
457+(ii) a firewall is established and implemented by the person making
458+the expenditure; and
459+(iii) the firewall is designed and implemented to prohibit the flow of
460+information between employees or consultants providing services for the
461+person making the expenditure and those employees or consultants who
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505+are currently providing or previously provided services to such candidate;
506+and
507+(F) an expenditure for the use of a commercial vendor or to a former
508+employee of the candidate by the person making the expenditure and the
509+commercial vendor or former employee has not provided political services
510+to such candidate during the 120 days immediately preceding such
511+expenditure.
277512 (h) "Election" means:
278513 (1) A primary or general election for state or local office; and
279514 (2) a convention or caucus of a political party held to nominate a
280515 candidate for state or local office.
281516 (h)(i) (1) "Expenditure" means:
282517 (A) Any purchase, payment, distribution, loan, advance, deposit or
283-gift of money or any other thing of value made by a candidate,
284-candidate committee, party committee or political committee for the
285-express purpose of nominating, electing or defeating a clearly identified
286-candidate for a state or local office;
287-(B) any purchase, payment, distribution, loan, advance, deposit or
288-gift of money or any other thing of value made to expressly advocate
289-the nomination, election or defeat of a clearly identified candidate for a
518+gift of money or any other thing of value made by a candidate, candidate
519+committee, party committee or political committee for the express purpose
520+of nominating, electing or defeating a clearly identified candidate for a
290521 state or local office;
522+(B) any purchase, payment, distribution, loan, advance, deposit or gift
523+of money or any other thing of value made to expressly advocate the
524+nomination, election or defeat of a clearly identified candidate for a state
525+or local office;
291526 (C) any contract to make an expenditure;
292527 (D) a transfer of funds between any two or more candidate
293528 committees, party committees or political committees; or
294529 (E) payment of a candidate's filing fees.
295530 (2) "Expenditure" does not include:
296-(A) The value of volunteer services provided without
297-compensation;
531+(A) The value of volunteer services provided without compensation;
298532 (B) costs to a volunteer incidental to the rendering of volunteer
299533 services not exceeding a fair market value of $50 during an allocable
300-election period as provided in K.S.A. 25-4149, and amendments
301-thereto;
302-(C) payment by a candidate or candidate's spouse for personal
303-meals, lodging and travel by personal automobile of the candidate or
304-candidate's spouse while campaigning or payment of such costs by the
305-treasurer of a candidate or candidate committee;
306-(D) the value of goods donated to events such as testimonial
307-events, bake sales, garage sales and auctions by any person not
308-exceeding fair market value of $50 per event; or
309-(E) any communication by an incumbent elected state or local
310-officer with one or more individuals unless the primary purpose thereof
311-is to expressly advocate the nomination, election or defeat of a clearly
534+election period as provided in K.S.A. 25-4149, and amendments thereto;
535+(C) payment by a candidate or candidate's spouse for personal meals,
536+lodging and travel by personal automobile of the candidate or candidate's
537+spouse while campaigning or payment of such costs by the treasurer of a
538+candidate or candidate committee;
539+(D) the value of goods donated to events such as testimonial events,
540+bake sales, garage sales and auctions by any person not exceeding fair
541+market value of $50 per event; or
542+(E) any communication by an incumbent elected state or local officer
543+with one or more individuals unless the primary purpose thereof is to
544+expressly advocate the nomination, election or defeat of a clearly
312545 identified candidate.
313546 (i)(j) "Expressly advocate the nomination, election or defeat of a
314-clearly identified candidate" means any communication that uses
315-phrases including, but not limited to:
547+clearly identified candidate" means any communication that uses phrases
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316592 (1) "Vote for the secretary of state";
317593 (2) "re-elect your senator";
318594 (3) "support the democratic nominee";
319595 (4) "cast your ballot for the republican challenger for governor";
320596 (5) "Smith for senate";
321597 (6) "Bob Jones in '98";
322-(7) "vote against Old Hickory"; HOUSE BILL No. 2206—page 6
323-(8) "defeat" accompanied by a picture of one or more candidates;
324-or
598+(7) "vote against Old Hickory";
599+(8) "defeat" accompanied by a picture of one or more candidates; or
325600 (9) "Smith's the one."
326601 (j)(k) "Party committee" means:
327-(1) The state committee of a political party regulated by article 3
328-of chapter 25 of the Kansas Statutes Annotated, and amendments
329-thereto;
330-(2) the county central committee or the state committee of a
331-political party regulated under article 38 of chapter 25 of the Kansas
332-Statutes Annotated, and amendments thereto;
333-(3) the bona fide national organization or committee of those
334-political parties regulated by the Kansas Statutes Annotated;
335-(4) the political committee established by the state committee of
336-any such political party and designated as a recognized political
337-committee for the senate;
338-(5) the political committee established by the state committee of
339-any such political party and designated as a recognized political
340-committee for the house of representatives; or
341-(6) the political committee per congressional district established
342-by the state committee of a political party regulated under article 38 of
343-chapter 25 of the Kansas Statutes Annotated, and amendments thereto,
344-and designated as a congressional district party committee.
602+(1) The state committee of a political party regulated by article 3 of
603+chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
604+(2) the county central committee or the state committee of a political
605+party regulated under article 38 of chapter 25 of the Kansas Statutes
606+Annotated, and amendments thereto;
607+(3) the bona fide national organization or committee of those political
608+parties regulated by the Kansas Statutes Annotated;
609+(4) the political committee established by the state committee of any
610+such political party and designated as a recognized political committee for
611+the senate;
612+(5) the political committee established by the state committee of any
613+such political party and designated as a recognized political committee for
614+the house of representatives; or
615+(6) the political committee per congressional district established by
616+the state committee of a political party regulated under article 38 of
617+chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and
618+designated as a congressional district party committee.
345619 (k)(l) "Person" means any individual, committee, corporation,
346620 partnership, trust, organization or association.
347621 (l)(m) (1) "Political committee" means any entity, including any
348622 combination of two or more individuals who are not married to one
349623 another, or any person other than an individual, a the major purpose of
350624 which is to expressly advocate the nomination, election or defeat of a
351-clearly identified candidate for state or local office or make
352-contributions to or expenditures for the nomination, election or defeat
353-of a clearly identified candidate for state or local office that in the
354-aggregate exceed $3,000 during any one calendar year and that
355-satisfies one of the following:
356-(A) States in such entity's articles of incorporation, bylaws or in
357-any resolution adopted by the board of directors for such entity that the
358-major purpose of such entity is to elect state or local candidates
359-through express advocacy and contributions to candidate campaigns
360-and political parties; or
361-(B) spends not less than 50% of such entity's total program
362-spending on contributions or expenditures during the period of time
363-such entity has existed or, if such entity has existed for more than five
364-years, during the immediately preceding five years.
625+clearly identified candidate for state or local office or make contributions
626+to or expenditures for the nomination, election or defeat of a clearly
627+identified candidate for state or local office that in the aggregate exceed
628+$5,000 during any one calendar year and that satisfies one of the
629+following:
630+(A) States in such entity's articles of incorporation, bylaws or in any
631+resolution adopted by the board of directors for such entity that the major
632+purpose of such entity is to elect state or local candidates through express
633+advocacy and contributions to candidate campaigns and political parties;
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677+or
678+(B) spends not less than 50% of such entity's total program spending
679+on contributions or expenditures during any one calendar year.
365680 (2) "Political committee" shall does not include a candidate
366681 committee or a party committee.
367-(3) (A) As used in this subsection, "total program spending"
368-means the aggregate expenditures on all program activities, including:
682+(3) (A) As used in this subsection, "total program spending" means
683+the aggregate expenditures on all program activities, including:
369684 (i) All disbursements for contributions and expenditures; and
370-(ii) all expenditures for fundraising communications that
371-expressly advocate the nomination, election or defeat of a candidate or
372-candidates for state or local office.
685+(ii) all expenditures for fundraising communications that expressly
686+advocate the nomination, election or defeat of a candidate or candidates
687+for state or local office.
373688 (B) "Total program spending" does not include:
374689 (i) Expenditures for volunteer time or expenses;
375690 (ii) administrative expenses; or
376691 (iii) any other fundraising expenses.
377692 (C) For purposes of determining total program spending on
378693 contributions and expenditures:
379694 (i) A grant made to a political committee or an organization
380-organized under section 527 of the internal revenue code shall be
381-included in such entity's total program spending as a contribution or
382-expenditure, except that if such grant is expressly designated for use
383-outside this state or for any federal election, then such grant shall be
384-included in such entity's total program spending but shall not be
385-considered a contribution or expenditure; and
386-(ii) all other grants made by such entity shall be included in such HOUSE BILL No. 2206—page 7
387-entity's total program spending but shall not be considered a
388-contribution or expenditure unless such entity expressly designates
389-such grant, or any portion thereof, for making a contribution or
390-expenditure in this state. If a grant is so designated then such grant
391-shall be considered a contribution or expenditure. If a portion of any
392-grant is so designated then only such portion shall be considered a
393-contribution or expenditure.
394-(m)(n) "Receipt" means a contribution or any other money or
395-thing of value, but not including volunteer services provided without
396-compensation, received by a treasurer in the treasurer's official
397-capacity.
398-(n)(o) "State office" means any state office as defined in K.S.A.
399-25-2505, and amendments thereto.
400-(o)(p) "Testimonial event" means an event held for the benefit of
401-an individual who is a candidate to raise contributions for such
402-candidate's campaign. "Testimonial events" includes, but are not
403-limited to, dinners, luncheons, rallies, barbecues and picnics.
404-(p)(q) "Treasurer" means a treasurer of a candidate or of a
405-candidate committee, a party committee or a political committee
406-appointed under the campaign finance act or a treasurer of a
407-combination of individuals or a person other than an individual which
408-that is subject to K.S.A. 25-4172(a)(2), and amendments thereto.
409-(q)(r) "Local office" means a member of the governing body of a
410-city of the first class, any elected office of a unified school district
411-having 35,000 or more pupils regularly enrolled in the preceding school
412-year, a county or of the board of public utilities.
413-Sec. 8. K.S.A. 2024 Supp. 25-4145 is hereby amended to read as
414-follows: 25-4145. (a) Each party committee and each political
415-committee which that anticipates receiving contributions or making
416-expenditures shall appoint a chairperson and a treasurer. The
417-chairperson of each party committee and each political committee
695+organized under section 527 of the internal revenue code shall be included
696+in such entity's total program spending as a contribution or expenditure,
697+except that if such grant is expressly designated for use outside this state
698+or for any federal election, then such grant shall be included in such
699+entity's total program spending but shall not be considered a contribution
700+or expenditure; and
701+(ii) all other grants made by such entity shall be included in such
702+entity's total program spending but shall not be considered a contribution
703+or expenditure unless such entity expressly designates such grant, or any
704+portion thereof, for making a contribution or expenditure in this state. If a
705+grant is so designated then such grant shall be considered a contribution
706+or expenditure. If a portion of any grant is so designated then only such
707+portion shall be considered a contribution or expenditure.
708+(m)(n) "Receipt" means a contribution or any other money or thing of
709+value, but not including volunteer services provided without
710+compensation, received by a treasurer in the treasurer's official capacity.
711+(n)(o) "State office" means any state office as defined in K.S.A. 25-
712+2505, and amendments thereto.
713+(o)(p) "Testimonial event" means an event held for the benefit of an
714+individual who is a candidate to raise contributions for such candidate's
715+campaign. "Testimonial events" includes, but are not limited to, dinners,
716+luncheons, rallies, barbecues and picnics.
717+(p)(q) "Treasurer" means a treasurer of a candidate or of a candidate
718+committee, a party committee or a political committee appointed under the
719+campaign finance act or a treasurer of a combination of individuals or a
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763+person other than an individual which that is subject to K.S.A. 25-4172(a)
764+(2), and amendments thereto.
765+(q)(r) "Local office" means a member of the governing body of a city
766+of the first class, any elected office of a unified school district having
767+35,000 or more pupils regularly enrolled in the preceding school year, a
768+county or of the board of public utilities.
769+Sec. 7. K.S.A. 2024 Supp. 25-4145 is hereby amended to read as
770+follows: 25-4145. (a) Each party committee and each political committee
418771 which that anticipates receiving contributions or making expenditures
419-for a candidate for state office shall make a statement of organization
420-and file it with the secretary of state not later than 10 days after
421-establishment of such committee. The chairperson of each political
422-committee which that anticipates receiving contributions or making
423-expenditures for any candidate for local office, shall make a statement
424-of organization and file it with the county election officer not later than
425-10 days after establishment of such committee.
772+shall appoint a chairperson and a treasurer. The chairperson of each party
773+committee and each political committee which that anticipates receiving
774+contributions or making expenditures for a candidate for state office shall
775+make a statement of organization and file it with the secretary of state not
776+later than 10 days after establishment of such committee. The chairperson
777+of each political committee which that anticipates receiving contributions
778+or making expenditures for any candidate for local office, shall make a
779+statement of organization and file it with the county election officer not
780+later than 10 days after establishment of such committee.
426781 (b) Every statement of organization shall include:
427782 (1) The name and address of the committee. The name of the
428783 committee shall reflect the full name of the organization with which the
429784 committee is connected or affiliated or sufficiently describe such
430-affiliation. If the political committee is not connected or affiliated with
431-any one organization, the name shall reflect the trade, profession or
432-primary interest of the committee as reflected by the statement of
433-purpose of such organization;
785+affiliation. If the political committee is not connected or affiliated with any
786+one organization, the name shall reflect the trade, profession or primary
787+interest of the committee as reflected by the statement of purpose of such
788+organization;
434789 (2) the names, addresses and email addresses, which such email
435790 addresses shall be optional, of the chairperson and treasurer of the
436791 committee;
437-(3) the names and addresses of affiliated or connected
438-organizations; and
792+(3) the names and addresses of affiliated or connected organizations;
793+and
439794 (4) in the case of a political committee, the full name of the
440-organization with which the committee is connected or affiliated or,
441-name or description sufficiently describing the affiliation or, if the
442-committee is not connected or affiliated with any one organization, the
443-trade, profession or primary interest of the political committee as
444-reflected by the statement of purpose of such organization.
445-(c) Any change in information previously reported in a statement
446-of organization shall be reported on a supplemental statement of
447-organization and filed not later than 10 days following the change.
795+organization with which the committee is connected or affiliated or, name
796+or description sufficiently describing the affiliation or, if the committee is
797+not connected or affiliated with any one organization, the trade, profession
798+or primary interest of the political committee as reflected by the statement
799+of purpose of such organization.
800+(c) Any change in information previously reported in a statement of
801+organization shall be reported on a supplemental statement of organization
802+and filed not later than 10 days following the change.
448803 (d) (1) Each political committee which anticipates receiving
449-contributions shall register annually with the commission on or before
450-July 1 of each year. Each political committee registration shall be in the HOUSE BILL No. 2206—page 8
451-form and contain such information as may be required by the
452-commission.
453-(2) Each registration by a political committee anticipating the
454-receipt of more than $15,000 in any calendar year shall be accompanied
455-by an annual registration fee of $750.
456-(3) Each registration by a political committee anticipating the
457-receipt of more than $7,500 but less than $15,001 in any calendar year
458-shall be accompanied by an annual registration fee of $500.
459-(4) Each registration by a political committee anticipating the
460-receipt of more than $2,500 but less than $7,501 in any calendar year
461-shall be accompanied by an annual registration fee of $250.
462-(5) Each registration by a political committee anticipating the
463-receipt of $2,500 or less in any calendar year shall be accompanied by
464-an annual registration fee of $50.
804+contributions shall register annually with the commission on or before July
805+1 of each year. Each political committee registration shall be in the form
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849+and contain such information as may be required by the commission.
850+(2) Each registration by a political committee anticipating the receipt
851+of more than $15,000 in any calendar year shall be accompanied by an
852+annual registration fee of $750.
853+(3) Each registration by a political committee anticipating the receipt
854+of more than $7,500 but less than $15,001 in any calendar year shall be
855+accompanied by an annual registration fee of $500.
856+(4) Each registration by a political committee anticipating the receipt
857+of more than $2,500 but less than $7,501 in any calendar year shall be
858+accompanied by an annual registration fee of $250.
859+(5) Each registration by a political committee anticipating the receipt
860+of $2,500 or less in any calendar year shall be accompanied by an annual
861+registration fee of $50.
465862 (6) Any political committee that is currently registered under
466-subsection (d)(4) or (d)(5) and that receives contributions in excess of
467-the registered amount for a calendar year, shall file, within three days of
468-the date when contributions exceed such amount, an amended
469-registration form that shall be accompanied by an additional fee for
470-such year equal to the difference between the fee owed and the amount
471-of the fee that accompanied the current registration.
472-(e) All such fees received by or for the commission shall be
473-remitted to the state treasurer in accordance with the provisions of
474-K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
475-remittance, the state treasurer shall deposit the entire amount in the
476-state treasury to the credit of the governmental ethics Kansas public
477-disclosure commission fee fund.
478-Sec. 9. K.S.A. 25-4150 is hereby amended to read as follows: 25-
479-4150. (a) Every person, other than a candidate or a candidate
480-committee, party committee or political committee, who makes
481-contributions or independent expenditures, other than by contribution
482-to a candidate or a candidate committee, party committee or political
483-committee, in an aggregate amount of $100 $1,000 or more within a
484-calendar year shall make statements containing the information
485-required by K.S.A. 25-4148, and amendments thereto. Such statements
486-shall be filed in the office or offices required so that each such
487-statement is in such office or offices on the day specified in K.S.A. 25-
488-4148, and amendments thereto. If such contributions are received or
489-expenditures are made to expressly advocate the nomination, election
490-or defeat of a clearly identified candidate for state office, other than that
491-of an officer elected on a state-wide basis such statement shall be filed
492-in both the office of the secretary of state and in the office of the county
493-election officer of the county in which the candidate is a resident file a
494-statement of independent expenditures with the commission that
495-includes the following:
496-(1) The name and address of each person who receives payment in
497-an aggregate amount that is in excess of $500 for an independent
498-expenditure or for the creation or distribution of an independent
499-expenditure; and
500-(2) the date, amount and purpose of each independent
501-expenditure, including the name and the office sought of each
502-candidate identified in an independent expenditure and if such
503-independent expenditure was in support of or in opposition to such
504-candidate.
505-(b) (1) Each statement of independent expenditures shall be filed
506-on or before the next succeeding date on which reports are due to be
507-filed under K.S.A. 25-4148, and amendments thereto. If a statement of
508-independent expenditures is required after such date, then such
509-statement shall be filed on or before 11:59 p.m. on the second day
510-immediately following the date of the last independent expenditure.
863+subsection (d)(4) or (d)(5) and that receives contributions in excess of the
864+registered amount for a calendar year, shall file, within three days of the
865+date when contributions exceed such amount, an amended registration
866+form that shall be accompanied by an additional fee for such year equal to
867+the difference between the fee owed and the amount of the fee that
868+accompanied the current registration.
869+(e) All such fees received by or for the commission shall be remitted
870+to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
871+and amendments thereto. Upon receipt of each such remittance, the state
872+treasurer shall deposit the entire amount in the state treasury to the credit
873+of the governmental ethics Kansas public disclosure commission fee fund.
874+Sec. 8. K.S.A. 25-4150 is hereby amended to read as follows: 25-
875+4150. (a) Every person, other than a candidate or a candidate committee,
876+party committee or political committee, who makes contributions or
877+independent expenditures, other than by contribution to a candidate or a
878+candidate committee, party committee or political committee, in an
879+aggregate amount of $100 $1,000 or more within a calendar year shall
880+make statements containing the information required by K.S.A. 25-4148,
881+and amendments thereto. Such statements shall be filed in the office or
882+offices required so that each such statement is in such office or offices on
883+the day specified in K.S.A. 25-4148, and amendments thereto. If such
884+contributions are received or expenditures are made to expressly advocate
885+the nomination, election or defeat of a clearly identified candidate for state
886+office, other than that of an officer elected on a state-wide basis such
887+statement shall be filed in both the office of the secretary of state and in
888+the office of the county election officer of the county in which the
889+candidate is a resident file a statement of independent expenditures with
890+the commission that includes the following:
891+(1) The name and address of each person who receives payment in an
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935+aggregate amount that is in excess of $500 for an independent expenditure
936+or for the creation or distribution of an independent expenditure; and
937+(2) the date, amount and purpose of each independent expenditure,
938+including the name and the office sought of each candidate identified in an
939+independent expenditure and if such independent expenditure was in
940+support of or in opposition to such candidate.
941+(b) (1) Each statement of independent expenditures shall be filed on
942+or before the next succeeding date on which reports are due to be filed
943+under K.S.A. 25-4148, and amendments thereto. If a statement of
944+independent expenditures is required after such date, then such statement
945+shall be filed on or before 11:59 p.m. on the second day immediately
946+following the date of the last independent expenditure.
511947 (2) If a person makes independent expenditures in an aggregate
512948 amount of $1,000 or more in the same calendar year after filing a
513949 statement of independent expenditures, then a subsequent statement of
514-independent expenditures shall be filed with the commission in HOUSE BILL No. 2206—page 9
515-accordance with this section.
950+independent expenditures shall be filed with the commission in accordance
951+with this section.
516952 (c) If such contributions are received or expenditures are made to
517953 expressly advocate the nomination, election or defeat of a clearly
518954 identified candidate for state-wide state office, such statement shall be
519955 filed only in the office of the secretary of state. If such contributions or
520-expenditures are made to expressly advocate the nomination, election
521-or defeat of a clearly identified candidate for local office, such
522-statement shall be filed in the office of the county election officer of the
523-county in which the name of the candidate is on the ballot. Reports
524-made Statements filed under this section need not be cumulative.
525-Sec. 10. K.S.A. 25-4152 is hereby amended to read as follows: 25-
526-4152. (a) Except as provided in subsection (b), the commission shall
527-send a notice by registered or certified mail to any person failing to file
528-any report or statement required by K.S.A. 25-4144, 25-4145 or 25-
529-4148, and amendments thereto, and to the candidate appointing any
530-treasurer failing to file any such report, within the time period
531-prescribed therefor. The notice shall state that the required report or
532-statement has not been filed with either the office of secretary of state
533-or county election officer or both. The person failing to file any report
534-or statement, and the candidate appointing any such person, shall be
535-responsible for the filing of such report or statement. The notice also
536-shall state that such person shall have 15 days from the date such notice
537-is deposited in the mail to comply with the registration and reporting
538-requirements before a civil penalty shall be imposed for each day that
539-the required documents remain unfiled. If such person fails to comply
540-within the prescribed period, such person shall pay to the state a civil
541-penalty of $10 per day for each day that such report or statement
542-remains unfiled, except that no such civil penalty shall exceed $300.
543-The commission may waive, for good cause, payment of any civil
956+expenditures are made to expressly advocate the nomination, election or
957+defeat of a clearly identified candidate for local office, such statement shall
958+be filed in the office of the county election officer of the county in which
959+the name of the candidate is on the ballot. Reports made Statements filed
960+under this section need not be cumulative.
961+Sec. 9. K.S.A. 25-4152 is hereby amended to read as follows: 25-
962+4152. (a) Except as provided in subsection (b), the commission shall send
963+a notice by registered or certified mail to any person failing to file any
964+report or statement required by K.S.A. 25-4144, 25-4145 or 25-4148, and
965+amendments thereto, and to the candidate appointing any treasurer failing
966+to file any such report, within the time period prescribed therefor. The
967+notice shall state that the required report or statement has not been filed
968+with either the office of secretary of state or county election officer or
969+both. The person failing to file any report or statement, and the candidate
970+appointing any such person, shall be responsible for the filing of such
971+report or statement. The notice also shall state that such person shall have
972+15 days from the date such notice is deposited in the mail to comply with
973+the registration and reporting requirements before a civil penalty shall be
974+imposed for each day that the required documents remain unfiled. If such
975+person fails to comply within the prescribed period, such person shall pay
976+to the state a civil penalty of $10 per day for each day that such report or
977+statement remains unfiled, except that no such civil penalty shall exceed
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1021+$300. The commission may waive, for good cause, payment of any civil
5441022 penalty imposed by this section.
545-(b) (1) Subject to the notice provisions of subsection (a), reports
546-that are due under the provisions of K.S.A. 25-4148(a)(1) and (2), and
547-amendments thereto, for candidates that appear on the ballot for the
548-then-current primary or general election ballot and are late more than
549-48 hours shall be subject to civil penalties as provided in subsection (b)
550-(2).
1023+(b) (1) Subject to the notice provisions of subsection (a), reports that
1024+are due under the provisions of K.S.A. 25-4148(a)(1) and (2), and
1025+amendments thereto, for candidates that appear on the ballot for the then-
1026+current primary or general election ballot and are late more than 48 hours
1027+shall be subject to civil penalties as provided in subsection (b)(2).
5511028 (2) The candidate shall be liable for a civil penalty of $100 for the
552-first day the report is more than 48 hours late and $50 for each
1029+first day the report is more than 48 hours late and $50 for each subsequent
1030+day the report is late, but in no case shall the civil penalty exceed $1,000.
1031+The commission may waive, for good cause, payment of any civil penalty
1032+imposed by this section.
1033+(c) (1) Subject to the notice provisions of subsection (a), reports that
1034+are due under the provisions of K.S.A. 25-4145 and 25-4148, and
1035+amendments thereto, for each political committee that anticipates receiving
1036+$2,501 or more in any calendar year and are late more than 48 hours shall
1037+be subject to civil penalties as provided in subsection (c)(2).
1038+(2) The political committee shall be liable for a civil penalty of $100
1039+for the first day the report is more than 48 hours late and $50 for each
5531040 subsequent day the report is late, but in no case shall the civil penalty
554-exceed $1,000. The commission may waive, for good cause, payment
555-of any civil penalty imposed by this section.
556-(c) (1) Subject to the notice provisions of subsection (a), reports
557-that are due under the provisions of K.S.A. 25-4145 and 25-4148, and
558-amendments thereto, for each political committee that anticipates
559-receiving $2,501 or more in any calendar year and are late more than
560-48 hours shall be subject to civil penalties as provided in subsection (c)
561-(2).
562-(2) The political committee shall be liable for a civil penalty of
563-$100 for the first day the report is more than 48 hours late and $50 for
564-each subsequent day the report is late, but in no case shall the civil
565-penalty exceed $1,000. The commission may waive, for good cause,
566-payment of any civil penalty imposed by this section.
567-(d) Civil penalties provided for by this section shall be remitted to
568-the state treasurer in accordance with the provisions of K.S.A. 75-4215,
569-and amendments thereto. Upon receipt of each such remittance, the
570-state treasurer shall deposit the entire amount in the state treasury to the
571-credit of the governmental ethics Kansas public disclosure commission
572-fee fund.
573-(e) If a person fails to pay a civil penalty provided for by this
574-section, it shall be the duty of the commission to bring an action to
575-recover such civil penalty in the district court of the county in which
576-such person resides.
577-Sec. 11. K.S.A. 25-4153b is hereby amended to read as follows:
578-25-4153b. (a) No political committee, a major purpose of which is to HOUSE BILL No. 2206—page 10
1041+exceed $1,000. The commission may waive, for good cause, payment of
1042+any civil penalty imposed by this section.
1043+(d) Civil penalties provided for by this section shall be remitted to the
1044+state treasurer in accordance with the provisions of K.S.A. 75-4215, and
1045+amendments thereto. Upon receipt of each such remittance, the state
1046+treasurer shall deposit the entire amount in the state treasury to the credit
1047+of the governmental ethics Kansas public disclosure commission fee fund.
1048+(e) If a person fails to pay a civil penalty provided for by this section,
1049+it shall be the duty of the commission to bring an action to recover such
1050+civil penalty in the district court of the county in which such person
1051+resides.
1052+Sec. 10. K.S.A. 25-4153b is hereby amended to read as follows: 25-
1053+4153b. (a) No political committee, a major purpose of which is to
5791054 expressly advocate the nomination, election or defeat of a clearly
5801055 identified candidate for the legislature or to make contributions or
581-expenditures for the nomination, election or defeat of a clearly
582-identified candidate for the legislature, shall be established by a
583-member of or a candidate for the legislature.
584-(b) Any such political committee existing prior to the effective
585-date of this act is hereby abolished.
586-Sec. 12. K.S.A. 25-4154 is hereby amended to read as follows: 25-
1056+expenditures for the nomination, election or defeat of a clearly identified
1057+candidate for the legislature, shall be established by a member of or a
1058+candidate for the legislature.
1059+(b) Any such political committee existing prior to the effective date
1060+of this act is hereby abolished.
1061+Sec. 11. K.S.A. 25-4154 is hereby amended to read as follows: 25-
5871062 4154. (a) No person shall make a contribution in the name of another
588-person, and no person shall knowingly accept a contribution made by
589-one person in the name of another.
590-(b) No person shall give or accept any contribution in excess of
591-$10 $50 unless the name and address of the contributor is made known
592-to the individual receiving the contribution.
593-(c) The aggregate of contributions for which the name and address
594-of the contributor is not reported under K.S.A. 25-4148, and
595-amendments thereto, shall not exceed 50% of the amount one
596-individual (, other than the candidate or spouse), may contribute to or
597-for a candidate's campaign.
598-(d) No person shall copy any name of a contributor from any
599-report or statement filed under the campaign finance act and use such
600-name for any commercial purpose, and no person shall use any name
601-for a commercial purpose with knowledge that such name was obtained
602-solely by copying information relating to contributions contained in any
603-report or statement filed under the campaign finance act.
604-(e) Except for contributions made by a candidate to such
605-candidate's candidate committee, when a person makes a contribution
606-to a candidate, candidate committee, political committee or party
607-committee, such person shall have no authority to control or otherwise
608-direct the use of such contribution. No person shall make a
609-contribution to a committee that is subject to any condition or any
610-agreement or other understanding between such person and such
611-committee that such contribution or any portion thereof is to be
612-subsequently contributed by such committee to any other candidate
613-committee, political committee or party committee. Any agreement or
614-other understanding that receipt of a contribution is conditioned on
615-such contribution or some portion thereof being subsequently
616-contributed by the recipient committee to any other candidate
617-committee, political committee or party committee is hereby declared
618-null and void and shall have no effect.
1063+person, and no person shall knowingly accept a contribution made by one
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1107+person in the name of another.
1108+(b) No person shall give or accept any contribution in excess of $10
1109+$50 unless the name and address of the contributor is made known to the
1110+individual receiving the contribution.
1111+(c) The aggregate of contributions for which the name and address of
1112+the contributor is not reported under K.S.A. 25-4148, and amendments
1113+thereto, shall not exceed 50% of the amount one individual (, other than
1114+the candidate or spouse), may contribute to or for a candidate's campaign.
1115+(d) No person shall copy any name of a contributor from any report
1116+or statement filed under the campaign finance act and use such name for
1117+any commercial purpose, and no person shall use any name for a
1118+commercial purpose with knowledge that such name was obtained solely
1119+by copying information relating to contributions contained in any report or
1120+statement filed under the campaign finance act.
1121+(e) Except for contributions made by a candidate to such candidate's
1122+candidate committee, when a person makes a contribution to a candidate,
1123+candidate committee, political committee or party committee, such person
1124+shall have no authority to control or otherwise direct the use of such
1125+contribution. No person shall make a contribution to a committee that is
1126+subject to any condition or any agreement or other understanding between
1127+such person and such committee that such contribution or any portion
1128+thereof is to be subsequently contributed by such committee to any other
1129+candidate committee, political committee or party committee. Any
1130+agreement or other understanding that receipt of a contribution is
1131+conditioned on such contribution or some portion thereof being
1132+subsequently contributed by the recipient committee to any other
1133+candidate committee, political committee or party committee is hereby
1134+declared null and void and shall have no effect. The invalidity of an
1135+agreement or other understanding under this subsection shall not
1136+constitute a violation of the campaign finance act.
6191137 (f) (1) For purposes of this section, "contribution in the name of
620-another" and "contribution made by one person in the name of
621-another" means a contribution made to a person by or through the
622-name of another person for the purpose of concealing the original
623-source of any moneys reported on any report or statement that is
624-required to be filed under the campaign finance act.
1138+another" and "contribution made by one person in the name of another"
1139+means a contribution made to a person by or through the name of another
1140+person for the purpose of concealing the original source of any moneys
1141+reported on any report or statement that is required to be filed under the
1142+campaign finance act.
6251143 (2) Such contributions shall not include any contributions,
626-expenditures or transfers of moneys that are subject to the requirements
627-of the campaign finance act and that are made by an individual or
628-committee that is otherwise reporting such contribution, expenditure or
629-transfer on a report or statement filed pursuant to the campaign
630-finance act.
631-Sec. 13. K.S.A. 25-4157 is hereby amended to read as follows: 25-
1144+expenditures or transfers of moneys that are subject to the requirements of
1145+the campaign finance act and that are made by an individual or committee
1146+that is otherwise reporting such contribution, expenditure or transfer on a
1147+report or statement filed pursuant to the campaign finance act.
1148+Sec. 12. K.S.A. 25-4157 is hereby amended to read as follows: 25-
6321149 4157. (a) Before any candidate committee, party committee or political
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6331193 committee may be dissolved or the position of a candidate's treasurer
6341194 terminated, the treasurer of the candidate or such committee shall file a
6351195 termination report which that shall include full information as to the
636-disposition of residual funds. Any report required by K.S.A. 25-4148,
637-and amendments thereto, may be a termination report. Reports of the
1196+disposition of residual funds. Any report required by K.S.A. 25-4148, and
1197+amendments thereto, may be a termination report. Reports of the
6381198 dissolution of candidate committees of candidates for state office, the
639-termination of the treasurer of a candidate for state office, the
1199+termination of the treasurer of a candidate for state office, the dissolution
1200+of a political committee the major purpose of which is to support or
1201+oppose any candidate for state office and the dissolution of party
1202+committees shall be filed in the office of the secretary of state. Reports of
1203+the dissolution of candidate committees of candidates for local office, the
1204+termination of the treasurer of a candidate for local office and the
6401205 dissolution of a political committee the major purpose of which is to
641-support or oppose any candidate for state office and the dissolution of
642-party committees shall be filed in the office of the secretary of state. HOUSE BILL No. 2206—page 11
643-Reports of the dissolution of candidate committees of candidates for
644-local office, the termination of the treasurer of a candidate for local
645-office and the dissolution of a political committee the major purpose of
646-which is to support or oppose any candidate for local office shall be
647-filed in the office of the county election officer of the county.
1206+support or oppose any candidate for local office shall be filed in the office
1207+of the county election officer of the county.
6481208 (b) If a candidate dies with an open candidate committee account
649-which that contains campaign funds, the executor or administrator of
650-the candidate's estate shall be responsible for terminating the candidate
1209+which that contains campaign funds, the executor or administrator of the
1210+candidate's estate shall be responsible for terminating the candidate
6511211 committee and disposing of the residual funds.
652-Sec. 14. K.S.A. 25-4158a is hereby amended to read as follows:
653-25-4158a. The governmental ethics Kansas public disclosure
654-commission shall prescribe and provide forms for each report required
655-to be made under the campaign finance act. After January 10, 2008,
656-Any information required to be filed pursuant to this section the
657-campaign finance act may be filed electronically with the secretary of
658-state in a method authorized by the secretary of state. The provisions of
659-this section shall be a part of and supplemental to the Kansas campaign
660-finance act.
661-Sec. 15. K.S.A. 25-4180 is hereby amended to read as follows: 25-
662-4180. (a) Every person who engages in any activity promoting or
663-opposing the adoption or repeal of any provision of the Kansas
664-constitution and who accepts moneys or property for the purpose of
665-engaging in such activity shall make an annual report to the secretary of
666-state of individual contributions or contributions in kind in an aggregate
667-amount or value in excess of $50 received during the preceding
668-calendar year for such purposes. The report shall show the name and
669-address of each contributor for the activity and the amount or value of
670-the individual contribution made, together with a total value of all
671-contributions received, and also shall account for expenditures in an
672-aggregate amount or value in excess of $50 from such contributions by
673-showing the amount or value expended to each payee and the purpose
674-of each such expenditure, together with a total value of all expenditures
675-made. The annual report shall be filed on or before February 15 of each
676-year for the preceding calendar year.
677-(b) In addition to the annual report, a person engaging in an
678-activity promoting the adoption or repeal of a provision of the Kansas
679-constitution who accepts any contributed moneys for such activity shall
680-make a preliminary report to the secretary of state 15 days prior to each
681-election at which a proposed constitutional amendment is submitted.
682-Such report shall show the name and address of each individual
683-contributor, together with the amount contributed or contributed in kind
684-in an aggregate amount or value in excess of $50, and the expenditures
685-in an aggregate amount or value in excess of $50 from such
686-contributions by showing the amount paid to each payee and the
687-purpose of the expenditure. A supplemental report in the same format
688-as the preliminary report shall be filed with the secretary of state within
689-15 days after any election on a constitutional proposition where
690-contributed funds are received and expended in opposing or promoting
691-such proposition.
692-(c) Any person who engages in any activity promoting or
693-opposing the adoption or repeal of any provision of the Kansas
694-constitution shall be considered engaged in such activity upon the date
695-the concurrent resolution passes the Kansas house of representatives
696-and senate in its final form. Upon such date, if the person has funds in
697-the constitutional amendment campaign treasury, such person shall be
698-required to report such funds as provided by this section.
1212+Sec. 13. K.S.A. 25-4158a is hereby amended to read as follows: 25-
1213+4158a. The governmental ethics Kansas public disclosure commission
1214+shall prescribe and provide forms for each report required to be made
1215+under the campaign finance act. After January 10, 2008, Any information
1216+required to be filed pursuant to this section the campaign finance act may
1217+be filed electronically with the secretary of state in a method authorized by
1218+the secretary of state. The provisions of this section shall be a part of and
1219+supplemental to the Kansas campaign finance act.
1220+Sec. 14. K.S.A. 25-4180 is hereby amended to read as follows: 25-
1221+4180. (a) Every person who engages in any activity promoting or opposing
1222+the adoption or repeal of any provision of the Kansas constitution and who
1223+accepts moneys or property for the purpose of engaging in such activity
1224+shall make an annual report to the secretary of state of individual
1225+contributions or contributions in kind in an aggregate amount or value in
1226+excess of $50 received during the preceding calendar year for such
1227+purposes. The report shall show the name and address of each contributor
1228+for the activity and the amount or value of the individual contribution
1229+made, together with a total value of all contributions received, and also
1230+shall account for expenditures in an aggregate amount or value in excess
1231+of $50 from such contributions by showing the amount or value expended
1232+to each payee and the purpose of each such expenditure, together with a
1233+total value of all expenditures made. The annual report shall be filed on or
1234+before February 15 of each year for the preceding calendar year.
1235+(b) In addition to the annual report, a person engaging in an activity
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1279+promoting the adoption or repeal of a provision of the Kansas constitution
1280+who accepts any contributed moneys for such activity shall make a
1281+preliminary report to the secretary of state 15 days prior to each election at
1282+which a proposed constitutional amendment is submitted. Such report shall
1283+show the name and address of each individual contributor, together with
1284+the amount contributed or contributed in kind in an aggregate amount or
1285+value in excess of $50, and the expenditures in an aggregate amount or
1286+value in excess of $50 from such contributions by showing the amount
1287+paid to each payee and the purpose of the expenditure. A supplemental
1288+report in the same format as the preliminary report shall be filed with the
1289+secretary of state within 15 days after any election on a constitutional
1290+proposition where contributed funds are received and expended in
1291+opposing or promoting such proposition.
1292+(c) Any person who engages in any activity promoting or opposing
1293+the adoption or repeal of any provision of the Kansas constitution shall be
1294+considered engaged in such activity upon the date the concurrent
1295+resolution passes the Kansas house of representatives and senate in its final
1296+form. Upon such date, if the person has funds in the constitutional
1297+amendment campaign treasury, such person shall be required to report
1298+such funds as provided by this section.
6991299 (b)(d) (1) The commission shall send a notice by registered or
7001300 certified mail to any person failing to file any report required by
7011301 subsection (a), (b) or (c) within the time period prescribed therefor. The
702-notice shall state that the required report has not been filed with the
703-office of the secretary of state. The notice also shall state that such
704-person shall have 15 days from the date such notice is deposited in the
705-mail to comply with the reporting requirements before a civil penalty
706-shall be imposed for each day that the required documents remain HOUSE BILL No. 2206—page 12
707-unfiled. If such person fails to comply within the prescribed period,
708-such person shall pay to the state a civil penalty of $10 per day for each
709-day that such report remains unfiled, except that no such civil penalty
710-shall exceed $300. The commission may waive, for good cause,
711-payment of any civil penalty imposed by this section.
712-(2) Civil penalties provided for by this section shall be remitted to
713-the state treasurer in accordance with the provisions of K.S.A. 75-4215,
714-and amendments thereto. Upon receipt of each such remittance, the
715-state treasurer shall deposit the entire amount in the state treasury to the
716-credit of the governmental ethics Kansas public disclosure commission
717-fee fund.
718-(3) If a person fails to pay a civil penalty provided for by this
719-section, it shall be the duty of the commission to bring an action to
720-recover such civil penalty in the district court of the county in which
721-such person resides.
722-(c)(e) The intentional failure to file any report required by
723-subsection (a) is a class A misdemeanor.
1302+notice shall state that the required report has not been filed with the office
1303+of the secretary of state. The notice also shall state that such person shall
1304+have 15 days from the date such notice is deposited in the mail to comply
1305+with the reporting requirements before a civil penalty shall be imposed for
1306+each day that the required documents remain unfiled. If such person fails
1307+to comply within the prescribed period, such person shall pay to the state a
1308+civil penalty of $10 per day for each day that such report remains unfiled,
1309+except that no such civil penalty shall exceed $300. The commission may
1310+waive, for good cause, payment of any civil penalty imposed by this
1311+section.
1312+(2) Civil penalties provided for by this section shall be remitted to the
1313+state treasurer in accordance with the provisions of K.S.A. 75-4215, and
1314+amendments thereto. Upon receipt of each such remittance, the state
1315+treasurer shall deposit the entire amount in the state treasury to the credit
1316+of the governmental ethics Kansas public disclosure commission fee fund.
1317+(3) If a person fails to pay a civil penalty provided for by this section,
1318+it shall be the duty of the commission to bring an action to recover such
1319+civil penalty in the district court of the county in which such person
1320+resides.
1321+(c)(e) The intentional failure to file any report required by subsection
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7241366 (d)(f) This section shall be a part of and supplemental to the
7251367 campaign finance act.
726-Sec. 16. K.S.A. 25-4186 is hereby amended to read as follows: 25-
727-4186. (a) Not later than 10 days after receiving any contribution or
728-making any expenditure for a gubernatorial inauguration, the governor-
729-elect shall appoint an inaugural treasurer. The name and address of such
730-treasurer shall be reported to the secretary of state by the governor-elect
731-not later than 10 days after the appointment.
1368+Sec. 15. K.S.A. 25-4186 is hereby amended to read as follows: 25-
1369+4186. (a) Not later than 10 days after receiving any contribution or making
1370+any expenditure for a gubernatorial inauguration, the governor-elect shall
1371+appoint an inaugural treasurer. The name and address of such treasurer
1372+shall be reported to the secretary of state by the governor-elect not later
1373+than 10 days after the appointment.
7321374 (b) No person shall make any expenditure or make or receive any
7331375 contribution or receipt, in kind or otherwise, for a gubernatorial
7341376 inauguration except by or through the inaugural treasurer.
7351377 (c) The inaugural treasurer shall keep detailed accounts of all
7361378 contributions and other receipts received, in kind or otherwise, and all
7371379 expenditures made for a gubernatorial inauguration. Accounts of the
7381380 treasurer may be inspected under conditions determined by the
7391381 commission and shall be preserved for a period to be designated by the
740-commission. Every person who receives a contribution or other receipt,
741-in kind or otherwise, for an inaugural treasurer more than five days
742-before the ending date of any period for which a report is required
743-under this section, on demand of the treasurer, or in any event on or
744-before the ending date of the reporting period, shall remit the same and
745-render to the treasurer an account thereof, including the name and
746-address of the person, if known, making the contribution or other
747-receipt and the date received. No contribution or other receipt received
748-by the inaugural treasurer shall be commingled with personal funds of
749-the governor-elect or inaugural treasurer.
1382+commission. Every person who receives a contribution or other receipt, in
1383+kind or otherwise, for an inaugural treasurer more than five days before the
1384+ending date of any period for which a report is required under this section,
1385+on demand of the treasurer, or in any event on or before the ending date of
1386+the reporting period, shall remit the same and render to the treasurer an
1387+account thereof, including the name and address of the person, if known,
1388+making the contribution or other receipt and the date received. No
1389+contribution or other receipt received by the inaugural treasurer shall be
1390+commingled with personal funds of the governor-elect or inaugural
1391+treasurer.
7501392 (d) The inaugural treasurer shall file with the secretary of state a
7511393 report on March 10 and July 10 following the inauguration. The report
7521394 filed on March 10 shall be for the period ending on February 28 and the
7531395 report filed on July 10 shall be for the period beginning on March 1 and
754-ending on June 30. Each report shall contain the information required
755-to be stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and
756-amendments thereto, and a declaration as to the correctness of the
757-report in the form prescribed by K.S.A. 25-4151, and amendments
758-thereto. The July 10 report shall be a termination report which shall
759-include full information as to the disposition of residual funds. If a
760-report is sent by certified mail on or before the day it is due, the mailing
761-shall constitute receipt by the secretary of state.
762-(e) The aggregate amount contributed, in kind or otherwise, by
763-any person for a gubernatorial inauguration shall not exceed $2,000. No
764-person shall make a contribution in the name of another person, and no
765-person knowingly shall accept a contribution made by one person in the
766-name of another. No person shall give or accept any contribution in
767-excess of $10 unless the name and address of the contributor is made
768-known to the individual receiving the contribution. The aggregate of
769-contributions for which the name and address of the contributor is not
770-known shall not exceed 50% of the amount one person may contribute. HOUSE BILL No. 2206—page 13
771-(f) No person shall copy any name of a contributor from any
772-report filed under this section and use such name for any commercial
773-purpose, and no person shall use any name for a commercial purpose
774-with knowledge that such name was obtained solely by copying
775-information relating to contributions contained in any report filed under
776-this section.
777-(g) In addition to other reports required by this section, the
778-inaugural treasurer shall report the amount and nature of debts and
779-obligations owed for the gubernatorial inauguration, at times prescribed
780-by the commission, continuing until such debts and obligations are
781-fully paid or discharged.
782-(h) (1) No moneys received by any inaugural treasurer shall be
783-used or be made available for the personal use of the governor-elect or
784-governor and no such moneys shall be used by such governor-elect or
785-governor except for legitimate gubernatorial inauguration expenses.
786-(2) For the purpose of this subsection, expenditures for "personal
787-use" shall include expenditures to defray normal living expenses and
1396+ending on June 30. Each report shall contain the information required to be
1397+stated in a report pursuant to K.S.A. 25-4148 and 25-4148a, and
1398+amendments thereto, and a declaration as to the correctness of the report in
1399+the form prescribed by K.S.A. 25-4151, and amendments thereto. The July
1400+10 report shall be a termination report which shall include full information
1401+as to the disposition of residual funds. If a report is sent by certified mail
1402+on or before the day it is due, the mailing shall constitute receipt by the
1403+secretary of state.
1404+(e) The aggregate amount contributed, in kind or otherwise, by any
1405+person for a gubernatorial inauguration shall not exceed $2,000. No person
1406+shall make a contribution in the name of another person, and no person
1407+knowingly shall accept a contribution made by one person in the name of
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1451+another. No person shall give or accept any contribution in excess of $10
1452+unless the name and address of the contributor is made known to the
1453+individual receiving the contribution. The aggregate of contributions for
1454+which the name and address of the contributor is not known shall not
1455+exceed 50% of the amount one person may contribute.
1456+(f) No person shall copy any name of a contributor from any report
1457+filed under this section and use such name for any commercial purpose,
1458+and no person shall use any name for a commercial purpose with
1459+knowledge that such name was obtained solely by copying information
1460+relating to contributions contained in any report filed under this section.
1461+(g) In addition to other reports required by this section, the inaugural
1462+treasurer shall report the amount and nature of debts and obligations owed
1463+for the gubernatorial inauguration, at times prescribed by the commission,
1464+continuing until such debts and obligations are fully paid or discharged.
1465+(h) (1) No moneys received by any inaugural treasurer shall be used
1466+or be made available for the personal use of the governor-elect or governor
1467+and no such moneys shall be used by such governor-elect or governor
1468+except for legitimate gubernatorial inauguration expenses.
1469+(2) For the purpose of this subsection, expenditures for "personal use"
1470+shall include expenditures to defray normal living expenses and
7881471 expenditures for personal benefit having no direct connection with or
7891472 effect upon the inauguration.
790-(i) (1) Before the filing of a termination report in accordance with
791-this section, all residual funds not otherwise obligated for the payment
792-of expenses incurred for the gubernatorial inauguration shall be
793-remitted to the inaugural expense fund created by K.S.A. 25-4187, and
794-amendments thereto, in an amount equal to the amount certified to the
795-director of accounts and reports by the adjutant general as the amount
796-expended by the adjutant general for expenses incurred in connection
797-with the gubernatorial inauguration, or if the amount of residual funds
798-is less than the amount certified, the entire amount of the deposit.
1473+(i) (1) Before the filing of a termination report in accordance with this
1474+section, all residual funds not otherwise obligated for the payment of
1475+expenses incurred for the gubernatorial inauguration shall be remitted to
1476+the inaugural expense fund created by K.S.A. 25-4187, and amendments
1477+thereto, in an amount equal to the amount certified to the director of
1478+accounts and reports by the adjutant general as the amount expended by
1479+the adjutant general for expenses incurred in connection with the
1480+gubernatorial inauguration, or if the amount of residual funds is less than
1481+the amount certified, the entire amount of the deposit.
7991482 (2) Any residual funds not otherwise obligated shall either be:
8001483 (A) Donated to any charitable organization which qualifies as a
8011484 501(c)(3) not-for-profit corporation under the federal internal revenue
8021485 code; or
803-(B) shall be remitted to the state treasurer who shall deposit the
804-entire amount in the state treasury and credit such money to the
805-executive mansion gifts fund for the purpose of funding expenditures
806-relating to the governor's residence, historic properties or both. Such
807-expenditures shall be subject to approval of the governor's residence
808-advisory commission.
809-(j) (1) The commission shall send a notice by registered or
810-certified mail to any inaugural treasurer who fails to file any report
811-required by this section within the time period prescribed therefor. The
812-notice shall state that the required report has not been filed with the
813-office of the secretary of state. The notice also shall state that the
814-treasurer shall have 15 days from the date such notice is deposited in
815-the mail to comply with the reporting requirements before a civil
816-penalty shall be imposed for each day that the required documents
817-remain unfiled. If the treasurer fails to comply within the prescribed
818-period, the treasurer shall pay to the state a civil penalty of $10 per day
819-for each day that the report remains unfiled, except that no such civil
820-penalty shall exceed $300. The commission may waive, for good cause,
821-payment of any civil penalty imposed by this subsection.
822-(2) Civil penalties provided for by this subsection shall be paid to
823-the state treasurer, who shall deposit the entire amount in the state
824-treasury and credit it to the governmental ethics Kansas public
825-disclosure commission fee fund.
826-(3) If a person fails to pay a civil penalty provided for by this
827-section, it shall be the duty of the commission to bring an action to
828-recover such civil penalty in the district court of Shawnee county.
829-(k) Any violation of subsection (e), (f) or (h) or any intentional
830-failure to file any report required by this section is a class A
831-misdemeanor.
832-(l) Nothing in this section shall be construed to apply to
833-expenditures of state moneys related to any inaugural activity.
834-(m) This section shall be a part of and supplemental to the HOUSE BILL No. 2206—page 14
835-campaign finance act.
836-Sec. 17. K.S.A. 46-246a is hereby amended to read as follows: 46-
1486+(B) shall be remitted to the state treasurer who shall deposit the entire
1487+amount in the state treasury and credit such money to the executive
1488+mansion gifts fund for the purpose of funding expenditures relating to the
1489+governor's residence, historic properties or both. Such expenditures shall
1490+be subject to approval of the governor's residence advisory commission.
1491+(j) (1) The commission shall send a notice by registered or certified
1492+mail to any inaugural treasurer who fails to file any report required by this
1493+section within the time period prescribed therefor. The notice shall state
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1537+that the required report has not been filed with the office of the secretary of
1538+state. The notice also shall state that the treasurer shall have 15 days from
1539+the date such notice is deposited in the mail to comply with the reporting
1540+requirements before a civil penalty shall be imposed for each day that the
1541+required documents remain unfiled. If the treasurer fails to comply within
1542+the prescribed period, the treasurer shall pay to the state a civil penalty of
1543+$10 per day for each day that the report remains unfiled, except that no
1544+such civil penalty shall exceed $300. The commission may waive, for
1545+good cause, payment of any civil penalty imposed by this subsection.
1546+(2) Civil penalties provided for by this subsection shall be paid to the
1547+state treasurer, who shall deposit the entire amount in the state treasury and
1548+credit it to the governmental ethics Kansas public disclosure commission
1549+fee fund.
1550+(3) If a person fails to pay a civil penalty provided for by this section,
1551+it shall be the duty of the commission to bring an action to recover such
1552+civil penalty in the district court of Shawnee county.
1553+(k) Any violation of subsection (e), (f) or (h) or any intentional failure
1554+to file any report required by this section is a class A misdemeanor.
1555+(l) Nothing in this section shall be construed to apply to expenditures
1556+of state moneys related to any inaugural activity.
1557+(m) This section shall be a part of and supplemental to the campaign
1558+finance act.
1559+Sec. 16. K.S.A. 46-246a is hereby amended to read as follows: 46-
8371560 246a. (a) From and after the effective date of this act, no state officer or
8381561 employee shall advocate or cause the employment, appointment,
839-promotion, transfer or advancement to any office or position of the
840-state, of a member of such officer's or employee's household or a
841-family member.
842-(b) No state officer or employee shall participate in an action
843-relating to the employment or discipline of a member of the officer's or
844-employee's household or a family member.
845-(c) The provisions of this section shall not apply to appointments
846-of members of the governor's staff, nor to any action involving the
1562+promotion, transfer or advancement to any office or position of the state,
1563+of a member of such officer's or employee's household or a family
1564+member.
1565+(b) No state officer or employee shall participate in an action relating
1566+to the employment or discipline of a member of the officer's or employee's
1567+household or a family member.
1568+(c) The provisions of this section shall not apply to appointments of
1569+members of the governor's staff, nor to any action involving the
8471570 employment, appointment, promotion, transfer or advancement of any
8481571 officer or employee occurring prior to the effective date of this act.
849-(d) The provisions of this section shall be subject to interpretation
850-and enforcement by the governmental ethics Kansas public disclosure
1572+(d) The provisions of this section shall be subject to interpretation and
1573+enforcement by the governmental ethics Kansas public disclosure
8511574 commission in the manner provided by K.S.A. 46-253 through 46-263,
8521575 and amendments thereto.
853-Sec. 18. K.S.A. 46-253 is hereby amended to read as follows: 46-
854-253. "Commission" as used in K.S.A. 46-215 to 46-280, inclusive, 46-
855-248a and K.S.A. 46-237a through 46-292, and amendments thereto,
856-means the governmental ethics Kansas public disclosure commission.
857-The commission may adopt rules and regulations for the administration
858-of the provisions of K.S.A. 46-215 to 46-280, 46-248a and K.S.A. 46-
859-237a through 46-292, and amendments thereto. Any rules and
860-regulations adopted by the Kansas governmental ethics commission on
861-governmental standards and conduct shall continue in force and effect
862-and shall be deemed to be the rules and regulations of the Kansas
863-public disclosure commission until revised, amended, repealed or
864-nullified pursuant to law. All rules and regulations of the commission
865-shall be subject to the provisions of article 4 of chapter 77 of Kansas
866-Statutes Annotated, and amendments thereto.
867-Sec. 19. K.S.A. 46-265 is hereby amended to read as follows: 46-
868-265. (a) Every lobbyist shall register with the secretary of state by
869-completing and signing a registration form prescribed and provided by
870-the commission. The registration shall show the name and address of
871-the lobbyist, the name and address of the person compensating the
872-lobbyist for lobbying, the purpose of the employment, the name of each
873-state agency or state office and any agency, division or unit thereof and
874-each judicial department, institution, office, commission, board or
875-bureau and any agency, division or unit thereof and whether the
876-lobbyist will lobby the legislative branch and the method of
877-determining and computing the compensation of the lobbyist. If the
878-lobbyist is compensated or to be compensated for lobbying by more
879-than one employer or is to be engaged in more than one employment,
880-the relevant facts listed above shall be stated separately for each
881-employer and each employment. Whenever any new lobbying
882-employment or lobbying position is accepted by a lobbyist already
883-registered as provided in this section, the lobbyist shall report the same
884-on forms prescribed and provided by the commission before engaging
885-in any lobbying activity related to the new employment or position, and
886-the report shall be filed with the secretary of state. When a lobbyist is
887-an employee of a lobbying group or firm which contracts to lobby and
888-not an owner or partner of the lobbying group or firm, the lobbyist shall
889-report each client of the group, firm or entity whose interest the
890-lobbyist represents. Whenever the lobbying of a lobbyist concerns a
891-legislative matter, the secretary of state promptly shall transmit copies
892-of each registration and each report filed under this act to the secretary
893-of the senate and the chief clerk of the house of representatives.
1576+Sec. 17. K.S.A. 46-253 is hereby amended to read as follows: 46-253.
1577+"Commission" as used in K.S.A. 46-215 to 46-280, inclusive, 46-248a and
1578+K.S.A. 46-237a through 46-292, and amendments thereto, means the
1579+governmental ethics Kansas public disclosure commission. The
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1623+commission may adopt rules and regulations for the administration of the
1624+provisions of K.S.A. 46-215 to 46-280, 46-248a and K.S.A. 46-237a
1625+through 46-292, and amendments thereto. Any rules and regulations
1626+adopted by the Kansas governmental ethics commission on governmental
1627+standards and conduct shall continue in force and effect and shall be
1628+deemed to be the rules and regulations of the Kansas public disclosure
1629+commission until revised, amended, repealed or nullified pursuant to law.
1630+All rules and regulations of the commission shall be subject to the
1631+provisions of article 4 of chapter 77 of Kansas Statutes Annotated, and
1632+amendments thereto.
1633+Sec. 18. K.S.A. 46-265 is hereby amended to read as follows: 46-265.
1634+(a) Every lobbyist shall register with the secretary of state by completing
1635+and signing a registration form prescribed and provided by the
1636+commission. The registration shall show the name and address of the
1637+lobbyist, the name and address of the person compensating the lobbyist for
1638+lobbying, the purpose of the employment, the name of each state agency or
1639+state office and any agency, division or unit thereof and each judicial
1640+department, institution, office, commission, board or bureau and any
1641+agency, division or unit thereof and whether the lobbyist will lobby the
1642+legislative branch and the method of determining and computing the
1643+compensation of the lobbyist. If the lobbyist is compensated or to be
1644+compensated for lobbying by more than one employer or is to be engaged
1645+in more than one employment, the relevant facts listed above shall be
1646+stated separately for each employer and each employment. Whenever any
1647+new lobbying employment or lobbying position is accepted by a lobbyist
1648+already registered as provided in this section, the lobbyist shall report the
1649+same on forms prescribed and provided by the commission before
1650+engaging in any lobbying activity related to the new employment or
1651+position, and the report shall be filed with the secretary of state. When a
1652+lobbyist is an employee of a lobbying group or firm which contracts to
1653+lobby and not an owner or partner of the lobbying group or firm, the
1654+lobbyist shall report each client of the group, firm or entity whose interest
1655+the lobbyist represents. Whenever the lobbying of a lobbyist concerns a
1656+legislative matter, the secretary of state promptly shall transmit copies of
1657+each registration and each report filed under this act to the secretary of the
1658+senate and the chief clerk of the house of representatives.
8941659 (b) On or after October 1, in any year any person may register as a
8951660 lobbyist under this section for the succeeding calendar year. The
8961661 registration shall expire annually on December 31 of the year for which
8971662 the lobbyist is registered. In any calendar year, before engaging in
898-lobbying, persons to whom this section applies shall register or renew HOUSE BILL No. 2206—page 15
899-their registration as provided in this section. Except for employees of
900-lobbying groups or firms, every person registering or renewing
901-registration who anticipates spending $1,000 or less for lobbying in the
902-registration year on behalf of any one employer shall pay to the
903-secretary of state a fee of $50 for lobbying for each employer. Except
904-for employees of lobbying groups or firms, every person registering or
905-renewing registration who anticipates spending more than $1,000 for
906-lobbying in the registration year on behalf of any one employer shall
907-pay to the secretary of state a fee of $350 for lobbying for the
908-employer. Any lobbyist who at the time of initial registration
909-anticipated spending less than $1,000, on behalf of any one employer,
910-but at a later date spends in excess of that amount, within three days of
911-the date when expenditures exceed that amount, shall file an amended
912-registration form which shall be accompanied by an additional fee of
913-$300 for the year. Every person registering or renewing registration as a
914-lobbyist who is an employee of a lobbying group or firm and not an
915-owner or partner of the lobbying group or firm shall pay an annual fee
916-of $450. The secretary of state shall remit all moneys received under
917-this section to the state treasurer in accordance with the provisions of
918-K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
919-remittance, the state treasurer shall deposit the entire amount in the
920-state treasury to the credit of the governmental ethics Kansas public
921-disclosure commission fee fund.
922-(c) Any person who has registered as a lobbyist pursuant to this
923-act may file, upon termination of the person's lobbying activities, a
924-statement terminating the person's registration as a lobbyist. The
925-statement shall be on a form prescribed by the commission and shall
926-state the name and address of the lobbyist, the name and address of the
927-person compensating the lobbyist for lobbying and the date of the
928-termination of the lobbyist's lobbying activities.
1663+lobbying, persons to whom this section applies shall register or renew their
1664+registration as provided in this section. Except for employees of lobbying
1665+groups or firms, every person registering or renewing registration who
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1709+anticipates spending $1,000 or less for lobbying in the registration year on
1710+behalf of any one employer shall pay to the secretary of state a fee of $50
1711+for lobbying for each employer. Except for employees of lobbying groups
1712+or firms, every person registering or renewing registration who anticipates
1713+spending more than $1,000 for lobbying in the registration year on behalf
1714+of any one employer shall pay to the secretary of state a fee of $350 for
1715+lobbying for the employer. Any lobbyist who at the time of initial
1716+registration anticipated spending less than $1,000, on behalf of any one
1717+employer, but at a later date spends in excess of that amount, within three
1718+days of the date when expenditures exceed that amount, shall file an
1719+amended registration form which shall be accompanied by an additional
1720+fee of $300 for the year. Every person registering or renewing registration
1721+as a lobbyist who is an employee of a lobbying group or firm and not an
1722+owner or partner of the lobbying group or firm shall pay an annual fee of
1723+$450. The secretary of state shall remit all moneys received under this
1724+section to the state treasurer in accordance with the provisions of K.S.A.
1725+75-4215, and amendments thereto. Upon receipt of each such remittance,
1726+the state treasurer shall deposit the entire amount in the state treasury to
1727+the credit of the governmental ethics Kansas public disclosure commission
1728+fee fund.
1729+(c) Any person who has registered as a lobbyist pursuant to this act
1730+may file, upon termination of the person's lobbying activities, a statement
1731+terminating the person's registration as a lobbyist. The statement shall be
1732+on a form prescribed by the commission and shall state the name and
1733+address of the lobbyist, the name and address of the person compensating
1734+the lobbyist for lobbying and the date of the termination of the lobbyist's
1735+lobbying activities.
9291736 (d) No person who has failed or refused to pay any civil penalty
9301737 imposed pursuant to K.S.A. 46-280, and amendments thereto, shall be
9311738 authorized or permitted to register as a lobbyist in accordance with this
9321739 section until the penalty has been paid in full.
933-Sec. 20. K.S.A. 46-280 is hereby amended to read as follows: 46-
934-280. (a) Except as provided in subsection (b), the commission shall
935-send a notice by registered or certified mail to any person failing to
936-register or to file any report or statement as required by K.S.A. 46-247
937-or 46-265, and amendments thereto, within the time period prescribed
938-therefor. The notice shall state that the required registration, report or
939-statement had not been filed with the office of secretary of state. The
940-notice also shall state that such person shall have five days from the
941-date of receipt of such notice to comply with the registration and
942-reporting requirements before a civil penalty shall be imposed for each
943-day that the required documents remain unfiled. If such person fails to
944-comply within such period, such person shall pay to the state a civil
945-penalty of $10 per day for each day that such person remains
946-unregistered or that such report or statement remains unfiled, except
947-that no such civil penalty shall exceed $300. The commission may
948-waive, for good cause, payment of any civil penalty imposed
949-hereunder.
950-(b) Subject to the notice provisions of subsection (a), reports
951-required for lobbyists under K.S.A. 46-268, and amendments thereto,
952-that are late more than 48 hours shall be subject to civil penalties as
953-provided in subsection (b)(2).
954-(2) The lobbyist shall be liable for a civil penalty of $100 for the
955-first day the report is more than 48 hours late and $50 for each
956-subsequent day the report is late, but in no case shall the civil penalty
957-exceed $1,000. The commission may waive, for good cause, payment
958-of any civil penalty imposed by this section.
959-(c) Whenever the commission shall determine that any report filed
960-by a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
961-incorrect, incomplete or fails to provide the information required by
962-such section, the commission shall notify such lobbyist by registered or HOUSE BILL No. 2206—page 16
963-certified mail, specifying the deficiency. Such notice shall state that the
964-lobbyist shall have 30 days from the date of the receipt of such notice
965-to file an amended report correcting such deficiency before a civil
966-penalty will be imposed and the registration of such lobbyist revoked
967-and the badge be required to be returned to the office of the secretary of
968-state. A copy of such notice shall be sent to the office of the secretary of
969-state. If such lobbyist fails to file an amended report within the time
970-specified, such lobbyist shall pay to the commission a civil penalty of
971-$10 per day for each day that such person fails to file such report
972-except that no such civil penalty shall exceed $300. On the 31
1740+Sec. 19. K.S.A. 46-280 is hereby amended to read as follows: 46-280.
1741+(a) Except as provided in subsection (b), the commission shall send a
1742+notice by registered or certified mail to any person failing to register or to
1743+file any report or statement as required by K.S.A. 46-247 or 46-265, and
1744+amendments thereto, within the time period prescribed therefor. The notice
1745+shall state that the required registration, report or statement had not been
1746+filed with the office of secretary of state. The notice also shall state that
1747+such person shall have five days from the date of receipt of such notice to
1748+comply with the registration and reporting requirements before a civil
1749+penalty shall be imposed for each day that the required documents remain
1750+unfiled. If such person fails to comply within such period, such person
1751+shall pay to the state a civil penalty of $10 per day for each day that such
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1795+person remains unregistered or that such report or statement remains
1796+unfiled, except that no such civil penalty shall exceed $300. The
1797+commission may waive, for good cause, payment of any civil penalty
1798+imposed hereunder.
1799+(b) Subject to the notice provisions of subsection (a), reports required
1800+for lobbyists under K.S.A. 46-268, and amendments thereto, that are late
1801+more than 48 hours shall be subject to civil penalties as provided in
1802+subsection (b)(2).
1803+(2) The lobbyist shall be liable for a civil penalty of $100 for the first
1804+day the report is more than 48 hours late and $50 for each subsequent day
1805+the report is late, but in no case shall the civil penalty exceed $1,000. The
1806+commission may waive, for good cause, payment of any civil penalty
1807+imposed by this section.
1808+(c) Whenever the commission shall determine that any report filed by
1809+a lobbyist as required by K.S.A. 46-269, and amendments thereto, is
1810+incorrect, incomplete or fails to provide the information required by such
1811+section, the commission shall notify such lobbyist by registered or certified
1812+mail, specifying the deficiency. Such notice shall state that the lobbyist
1813+shall have 30 days from the date of the receipt of such notice to file an
1814+amended report correcting such deficiency before a civil penalty will be
1815+imposed and the registration of such lobbyist revoked and the badge be
1816+required to be returned to the office of the secretary of state. A copy of
1817+such notice shall be sent to the office of the secretary of state. If such
1818+lobbyist fails to file an amended report within the time specified, such
1819+lobbyist shall pay to the commission a civil penalty of $10 per day for
1820+each day that such person fails to file such report except that no such civil
1821+penalty shall exceed $300. On the 31
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975-following the receipt of such notice, the registration of any lobbyist
976-failing to file such amended report shall be revoked.
977-(d) Civil penalties provided for by this section shall be remitted to
978-the state treasurer in accordance with the provisions of K.S.A. 75-4215,
979-and amendments thereto. Upon receipt of each such remittance, the
980-state treasurer shall deposit the entire amount in the state treasury to the
981-credit of the governmental ethics Kansas public disclosure commission
982-fee fund.
983-(e) (1) Except as provided in paragraph (2), if a person fails to pay
984-a civil penalty provided for by this section, it shall be the duty of the
985-commission to bring an action to recover such civil penalty in the
986-district court of the county in which such person resides.
1823+ day following the receipt of such
1824+notice, the registration of any lobbyist failing to file such amended report
1825+shall be revoked.
1826+(d) Civil penalties provided for by this section shall be remitted to the
1827+state treasurer in accordance with the provisions of K.S.A. 75-4215, and
1828+amendments thereto. Upon receipt of each such remittance, the state
1829+treasurer shall deposit the entire amount in the state treasury to the credit
1830+of the governmental ethics Kansas public disclosure commission fee fund.
1831+(e) (1) Except as provided in paragraph (2), if a person fails to pay a
1832+civil penalty provided for by this section, it shall be the duty of the
1833+commission to bring an action to recover such civil penalty in the district
1834+court of the county in which such person resides.
9871835 (2) If a person required to file under K.S.A. 46-247(f), and
9881836 amendments thereto, fails to pay a civil penalty provided for by this
989-section, it shall be the duty of the commission to bring an action to
990-recover the civil penalty in the district court of Shawnee county,
991-Kansas.
992-Sec. 21. K.S.A. 46-288 is hereby amended to read as follows: 46-
993-288. The commission, in addition to any other penalty prescribed under
994-K.S.A. 46-215 through 46-286, and amendments thereto, may assess a
995-civil fine, after proper notice and an opportunity to be heard, against
996-any person for a violation pursuant to K.S.A. 46-215 through 46-286,
997-and amendments thereto, in an amount not to exceed $5,000 for the
998-first violation, not to exceed $10,000 for the second violation and not to
999-exceed $15,000 for the third violation and for each subsequent
1000-violation. All fines assessed and collected under this section shall be
1001-remitted to the state treasurer in accordance with the provisions of
1002-K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
1003-remittance, the state treasurer shall deposit the entire amount in the
1004-state treasury to the credit of the governmental ethics Kansas public
1005-disclosure commission fee fund.
1006-Sec. 22. K.S.A. 46-295 is hereby amended to read as follows: 46-
1007-295. (a) Every person who is registered as a lobbyist shall file with the
1008-secretary of state a detailed report listing the amount of public funds
1009-paid to hire or contract for the lobbying services on behalf of: (1) A
1010-governmental entity; or (2) any association of governmental entities
1011-that receive public funds. The report shall include a listing of the
1012-amount of public funds paid to hire or contract for the lobbying
1013-services of such lobbyist and which association of governmental
1014-entities that receive public funds hired such lobbyist on a form and in
1015-the manner prescribed and provided by the governmental ethics Kansas
1016-public disclosure commission. Each report required to be filed by this
1017-section is a public record and shall be open to public inspection upon
1018-request. A report shall be filed on or before January 10, 2017, and on or
1019-before January 10 of each subsequent year for the reporting period
1020-containing the preceding calendar year.
1021-(b) The reports filed with the secretary of state pursuant to
1022-subsection (a) shall be made available on a searchable public website
1023-by the secretary of state.
1837+section, it shall be the duty of the commission to bring an action to recover
1838+the civil penalty in the district court of Shawnee county, Kansas.
1839+Sec. 20. K.S.A. 46-288 is hereby amended to read as follows: 46-288.
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1883+The commission, in addition to any other penalty prescribed under K.S.A.
1884+46-215 through 46-286, and amendments thereto, may assess a civil fine,
1885+after proper notice and an opportunity to be heard, against any person for a
1886+violation pursuant to K.S.A. 46-215 through 46-286, and amendments
1887+thereto, in an amount not to exceed $5,000 for the first violation, not to
1888+exceed $10,000 for the second violation and not to exceed $15,000 for the
1889+third violation and for each subsequent violation. All fines assessed and
1890+collected under this section shall be remitted to the state treasurer in
1891+accordance with the provisions of K.S.A. 75-4215, and amendments
1892+thereto. Upon receipt of each such remittance, the state treasurer shall
1893+deposit the entire amount in the state treasury to the credit of the
1894+governmental ethics Kansas public disclosure commission fee fund.
1895+Sec. 21. K.S.A. 46-295 is hereby amended to read as follows: 46-295.
1896+(a) Every person who is registered as a lobbyist shall file with the secretary
1897+of state a detailed report listing the amount of public funds paid to hire or
1898+contract for the lobbying services on behalf of: (1) A governmental entity;
1899+or (2) any association of governmental entities that receive public funds.
1900+The report shall include a listing of the amount of public funds paid to hire
1901+or contract for the lobbying services of such lobbyist and which
1902+association of governmental entities that receive public funds hired such
1903+lobbyist on a form and in the manner prescribed and provided by the
1904+governmental ethics Kansas public disclosure commission. Each report
1905+required to be filed by this section is a public record and shall be open to
1906+public inspection upon request. A report shall be filed on or before January
1907+10, 2017, and on or before January 10 of each subsequent year for the
1908+reporting period containing the preceding calendar year.
1909+(b) The reports filed with the secretary of state pursuant to subsection
1910+(a) shall be made available on a searchable public website by the secretary
1911+of state.
10241912 (c) As used in this section:
10251913 (1) "Governmental entity" has the meaning means the same as
10261914 defined in K.S.A. 75-6102, and amendments thereto.
1027-(2) "Lobbying" has the meaning means the same as defined in
1028-K.S.A. 46-225, and amendments thereto. HOUSE BILL No. 2206—page 17
1029-(3) "Public funds" means moneys appropriated by the state or any
1030-of its subdivisions.
1031-Sec. 23. K.S.A. 2024 Supp. 74-50,297 is hereby amended to read
1032-as follows: 74-50,297. (a) The commission may accept, use and dispose
1033-of gifts and donations of money, property or personal services. The type
1034-and quantity of gifts shall be enumerated and submitted to the Kansas
1035-governmental ethics public disclosure commission each quarter and
1036-shall be made available to the public on the commission's website.
1915+(2) "Lobbying" has the meaning means the same as defined in K.S.A.
1916+46-225, and amendments thereto.
1917+(3) "Public funds" means moneys appropriated by the state or any of
1918+its subdivisions.
1919+Sec. 22. K.S.A. 2024 Supp. 74-50,297 is hereby amended to read as
1920+follows: 74-50,297. (a) The commission may accept, use and dispose of
1921+gifts and donations of money, property or personal services. The type and
1922+quantity of gifts shall be enumerated and submitted to the Kansas
1923+governmental ethics public disclosure commission each quarter and shall
1924+be made available to the public on the commission's website.
10371925 (b) There is hereby established in the state treasury the Kansas
1038-commission for the United States semiquincentennial gifts and
1039-donations fund. Such fund shall be administered by the secretary of
1040-commerce. All expenditures from the Kansas commission for the
1041-United States semiquincentennial gifts and donations fund shall be for
1042-promoting the Kansas commission for the United States
1043-semiquincentennial. All expenditures from the Kansas commission for
1044-the United States semiquincentennial gifts and donations fund shall be
1045-made in accordance with appropriation acts upon warrants of the
1046-director of accounts and reports issued pursuant to vouchers approved
1047-by the secretary or the secretary's designee.
1048-(c) On December 31, 2027, the director of accounts and reports
1049-shall transfer all moneys in the Kansas commission for the United
1050-States semiquincentennial gifts and donations fund to the operating
1051-expenditures account of the state economic development initiatives
1052-fund of the department of commerce. On December 31, 2027, all
1053-liabilities of the Kansas commission for the United States
1054-semiquincentennial gifts and donations fund shall be transferred to and
1055-imposed upon the operating expenditures account of the state economic
1056-development initiatives fund of the department of commerce. On
1057-December 31, 2027, the Kansas commission for the United States
1058-semiquincentennial gifts and donations fund shall be abolished.
1059-Sec. 24. K.S.A. 2024 Supp. 75-3036 is hereby amended to read as
1060-follows: 75-3036. (a) The state general fund is exclusively defined as
1061-the fund into which shall be placed all public moneys and revenue
1062-coming into the state treasury not specifically authorized by the
1063-constitution or by statute to be placed in a separate fund, and not given
1064-or paid over to the state treasurer in trust for a particular purpose, which
1065-unallocated public moneys and revenue shall constitute the general
1066-fund of the state. Moneys received or to be used under constitutional or
1067-statutory provisions or under the terms of a gift or payment for a
1068-particular and specific purpose are to be kept as separate funds and
1069-shall not be placed in the general fund or ever become a part of it.
1070-(b) The following funds shall be used for the purposes set forth in
1071-the statutes concerning such funds and for no other governmental
1072-purposes. It is the intent of the legislature that the following funds and
1073-the moneys deposited in such funds shall remain intact and inviolate for
1074-the purposes set forth in the statutes concerning such funds: Board of
1075-accountancy fee fund, K.S.A. 1-204 and 75-1119b, and amendments
1076-thereto, and special litigation reserve fund of the board of accountancy;
1077-bank commissioner fee fund, K.S.A. 9-1703, 16a-2-302 and 75-1308,
1078-and amendments thereto, bank investigation fund, K.S.A. 9-1111b, and
1079-amendments thereto, consumer education settlement fund and litigation
1080-expense fund of the state bank commissioner; securities act fee fund
1081-and investor education and protection fund, K.S.A. 17-12a601, and
1082-amendments thereto, of the office of the securities commissioner of
1083-Kansas; credit union fee fund, K.S.A. 17-2236, and amendments
1084-thereto, of the state department of credit unions; court reporters fee
1085-fund, K.S.A. 20-1a02, and amendments thereto, and bar admission fee
1086-fund, K.S.A. 20-1a03, and amendments thereto, of the judicial branch;
1087-fire marshal fee fund, K.S.A. 31-133a and 31-134, and amendments
1088-thereto, and boiler inspection fee fund, K.S.A. 44-926, and amendments
1089-thereto, of the state fire marshal; food service inspection reimbursement
1090-fund, K.S.A. 36-512, and amendments thereto, of the Kansas
1091-department of agriculture; wage claims assignment fee fund, K.S.A. 44-
1092-324, and amendments thereto, and workmen's compensation fee fund, HOUSE BILL No. 2206—page 18
1093-K.S.A. 74-715, and amendments thereto, of the department of labor;
1094-veterinary examiners fee fund, K.S.A. 47-820, and amendments
1095-thereto, of the state board of veterinary examiners; mined-land
1096-reclamation fund, K.S.A. 49-420, and amendments thereto, of the
1097-department of health and environment; conservation fee fund and
1098-abandoned oil and gas well fund, K.S.A. 55-155, 55-176, 55-192, 55-
1099-609, 55-711 and 55-901, and amendments thereto, gas pipeline
1100-inspection fee fund, K.S.A. 66-1,155, and amendments thereto, and
1101-public service regulation fund, K.S.A. 66-1503, and amendments
1102-thereto, of the state corporation commission; land survey fee fund,
1103-K.S.A. 58-2011, and amendments thereto, of the state historical society;
1104-real estate recovery revolving fund, K.S.A. 58-3074, and amendments
1105-thereto, of the Kansas real estate commission; appraiser fee fund,
1106-K.S.A. 58-4107, and amendments thereto, and appraisal management
1107-companies fee fund of the real estate appraisal board; amygdalin
1108-(laetrile) enforcement fee fund, K.S.A. 65-6b10, and amendments
1109-thereto; mortuary arts fee fund, K.S.A. 65-1718, and amendments
1110-thereto, of the state board of mortuary arts; board of barbering fee fund,
1111-K.S.A. 65-1817a, and amendments thereto, of the Kansas board of
1112-barbering; cosmetology fee fund, K.S.A. 65-1951 and 74-2704, and
1113-amendments thereto, of the Kansas state board of cosmetology; healing
1114-arts fee fund, K.S.A. 65-2011, 65-2855, 65-2911, 65-5413, 65-5513,
1115-65-6910, 65-7210 and 65-7309, and amendments thereto, and medical
1116-records maintenance trust fund, of the state board of healing arts; other
1117-state fees fund, K.S.A. 65-4024b, and amendments thereto, of the
1118-Kansas department for aging and disability services; board of nursing
1119-fee fund, K.S.A. 74-1108, and amendments thereto, of the board of
1120-nursing; dental board fee fund, K.S.A. 74-1405, and amendments
1121-thereto, and special litigation reserve fund, of the Kansas dental board;
1122-optometry fee fund, K.S.A. 74-1503, and amendments thereto, and
1123-optometry litigation fund, of the board of examiners in optometry; state
1124-board of pharmacy fee fund, K.S.A. 74-1609, and amendments thereto,
1125-and state board of pharmacy litigation fund, of the state board of
1126-pharmacy; abstracters' fee fund, K.S.A. 74-3903, and amendments
1127-thereto, of the abstracters' board of examiners; athletic fee fund, K.S.A.
1128-74-50,188, and amendments thereto, of the department of commerce;
1129-hearing instrument board fee fund, K.S.A. 74-5805, and amendments
1130-thereto, and hearing instrument litigation fund of the Kansas board of
1131-examiners in fitting and dispensing of hearing instruments; commission
1132-on disability concerns fee fund, K.S.A. 74-6708, and amendments
1133-thereto, of the governor's department; technical professions fee fund,
1134-K.S.A. 74-7009, and amendments thereto, and special litigation reserve
1135-fund of the state board of technical professions; behavioral sciences
1136-regulatory board fee fund, K.S.A. 74-7506, and amendments thereto, of
1137-the behavioral sciences regulatory board; governmental ethics Kansas
1138-public dislcosure commission fee fund, K.S.A. 25-4119e, and
1139-amendments thereto, of the governmental ethics Kansas public
1140-disclosure commission; emergency medical services board operating
1141-fund, K.S.A. 75-1514, and amendments thereto, of the emergency
1142-medical services board; fire service training program fund, K.S.A. 75-
1143-1514, and amendments thereto, of the university of Kansas; uniform
1144-commercial code fee fund, K.S.A. 75-448, and amendments thereto, of
1145-the secretary of state; prairie spirit rails-to-trails fee fund of the Kansas
1146-department of wildlife, parks and tourism; water marketing fund,
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1969+commission for the United States semiquincentennial gifts and donations
1970+fund. Such fund shall be administered by the secretary of commerce. All
1971+expenditures from the Kansas commission for the United States
1972+semiquincentennial gifts and donations fund shall be for promoting the
1973+Kansas commission for the United States semiquincentennial. All
1974+expenditures from the Kansas commission for the United States
1975+semiquincentennial gifts and donations fund shall be made in accordance
1976+with appropriation acts upon warrants of the director of accounts and
1977+reports issued pursuant to vouchers approved by the secretary or the
1978+secretary's designee.
1979+(c) On December 31, 2027, the director of accounts and reports shall
1980+transfer all moneys in the Kansas commission for the United States
1981+semiquincentennial gifts and donations fund to the operating expenditures
1982+account of the state economic development initiatives fund of the
1983+department of commerce. On December 31, 2027, all liabilities of the
1984+Kansas commission for the United States semiquincentennial gifts and
1985+donations fund shall be transferred to and imposed upon the operating
1986+expenditures account of the state economic development initiatives fund of
1987+the department of commerce. On December 31, 2027, the Kansas
1988+commission for the United States semiquincentennial gifts and donations
1989+fund shall be abolished.
1990+Sec. 23. K.S.A. 2024 Supp. 75-3036 is hereby amended to read as
1991+follows: 75-3036. (a) The state general fund is exclusively defined as the
1992+fund into which shall be placed all public moneys and revenue coming into
1993+the state treasury not specifically authorized by the constitution or by
1994+statute to be placed in a separate fund, and not given or paid over to the
1995+state treasurer in trust for a particular purpose, which unallocated public
1996+moneys and revenue shall constitute the general fund of the state. Moneys
1997+received or to be used under constitutional or statutory provisions or under
1998+the terms of a gift or payment for a particular and specific purpose are to
1999+be kept as separate funds and shall not be placed in the general fund or
2000+ever become a part of it.
2001+(b) The following funds shall be used for the purposes set forth in the
2002+statutes concerning such funds and for no other governmental purposes. It
2003+is the intent of the legislature that the following funds and the moneys
2004+deposited in such funds shall remain intact and inviolate for the purposes
2005+set forth in the statutes concerning such funds: Board of accountancy fee
2006+fund, K.S.A. 1-204 and 75-1119b, and amendments thereto, and special
2007+litigation reserve fund of the board of accountancy; bank commissioner fee
2008+fund, K.S.A. 9-1703, 16a-2-302 and 75-1308, and amendments thereto,
2009+bank investigation fund, K.S.A. 9-1111b, and amendments thereto,
2010+consumer education settlement fund and litigation expense fund of the
2011+state bank commissioner; securities act fee fund and investor education
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2054+43 HB 2206 25
2055+and protection fund, K.S.A. 17-12a601, and amendments thereto, of the
2056+office of the securities commissioner of Kansas; credit union fee fund,
2057+K.S.A. 17-2236, and amendments thereto, of the state department of credit
2058+unions; court reporters fee fund, K.S.A. 20-1a02, and amendments thereto,
2059+and bar admission fee fund, K.S.A. 20-1a03, and amendments thereto, of
2060+the judicial branch; fire marshal fee fund, K.S.A. 31-133a and 31-134, and
2061+amendments thereto, and boiler inspection fee fund, K.S.A. 44-926, and
2062+amendments thereto, of the state fire marshal; food service inspection
2063+reimbursement fund, K.S.A. 36-512, and amendments thereto, of the
2064+Kansas department of agriculture; wage claims assignment fee fund,
2065+K.S.A. 44-324, and amendments thereto, and workmen's compensation fee
2066+fund, K.S.A. 74-715, and amendments thereto, of the department of labor;
2067+veterinary examiners fee fund, K.S.A. 47-820, and amendments thereto, of
2068+the state board of veterinary examiners; mined-land reclamation fund,
2069+K.S.A. 49-420, and amendments thereto, of the department of health and
2070+environment; conservation fee fund and abandoned oil and gas well fund,
2071+K.S.A. 55-155, 55-176, 55-192, 55-609, 55-711 and 55-901, and
2072+amendments thereto, gas pipeline inspection fee fund, K.S.A. 66-1,155,
2073+and amendments thereto, and public service regulation fund, K.S.A. 66-
2074+1503, and amendments thereto, of the state corporation commission; land
2075+survey fee fund, K.S.A. 58-2011, and amendments thereto, of the state
2076+historical society; real estate recovery revolving fund, K.S.A. 58-3074, and
2077+amendments thereto, of the Kansas real estate commission; appraiser fee
2078+fund, K.S.A. 58-4107, and amendments thereto, and appraisal
2079+management companies fee fund of the real estate appraisal board;
2080+amygdalin (laetrile) enforcement fee fund, K.S.A. 65-6b10, and
2081+amendments thereto; mortuary arts fee fund, K.S.A. 65-1718, and
2082+amendments thereto, of the state board of mortuary arts; board of
2083+barbering fee fund, K.S.A. 65-1817a, and amendments thereto, of the
2084+Kansas board of barbering; cosmetology fee fund, K.S.A. 65-1951 and 74-
2085+2704, and amendments thereto, of the Kansas state board of cosmetology;
2086+healing arts fee fund, K.S.A. 65-2011, 65-2855, 65-2911, 65-5413, 65-
2087+5513, 65-6910, 65-7210 and 65-7309, and amendments thereto, and
2088+medical records maintenance trust fund, of the state board of healing arts;
2089+other state fees fund, K.S.A. 65-4024b, and amendments thereto, of the
2090+Kansas department for aging and disability services; board of nursing fee
2091+fund, K.S.A. 74-1108, and amendments thereto, of the board of nursing;
2092+dental board fee fund, K.S.A. 74-1405, and amendments thereto, and
2093+special litigation reserve fund, of the Kansas dental board; optometry fee
2094+fund, K.S.A. 74-1503, and amendments thereto, and optometry litigation
2095+fund, of the board of examiners in optometry; state board of pharmacy fee
2096+fund, K.S.A. 74-1609, and amendments thereto, and state board of
2097+pharmacy litigation fund, of the state board of pharmacy; abstracters' fee
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2141+fund, K.S.A. 74-3903, and amendments thereto, of the abstracters' board of
2142+examiners; athletic fee fund, K.S.A. 74-50,188, and amendments thereto,
2143+of the department of commerce; hearing instrument board fee fund, K.S.A.
2144+74-5805, and amendments thereto, and hearing instrument litigation fund
2145+of the Kansas board of examiners in fitting and dispensing of hearing
2146+instruments; commission on disability concerns fee fund, K.S.A. 74-6708,
2147+and amendments thereto, of the governor's department; technical
2148+professions fee fund, K.S.A. 74-7009, and amendments thereto, and
2149+special litigation reserve fund of the state board of technical professions;
2150+behavioral sciences regulatory board fee fund, K.S.A. 74-7506, and
2151+amendments thereto, of the behavioral sciences regulatory board;
2152+governmental ethics Kansas public dislcosure commission fee fund,
2153+K.S.A. 25-4119e, and amendments thereto, of the governmental ethics
2154+Kansas public disclosure commission; emergency medical services board
2155+operating fund, K.S.A. 75-1514, and amendments thereto, of the
2156+emergency medical services board; fire service training program fund,
2157+K.S.A. 75-1514, and amendments thereto, of the university of Kansas;
2158+uniform commercial code fee fund, K.S.A. 75-448, and amendments
2159+thereto, of the secretary of state; prairie spirit rails-to-trails fee fund of the
2160+Kansas department of wildlife, parks and tourism; water marketing fund,
11472161 K.S.A. 82a-1315c, and amendments thereto, of the Kansas water office;
11482162 insurance department service regulation fund, K.S.A. 40-112, and
11492163 amendments thereto, of the insurance department; state fair special cash
1150-fund, K.S.A. 2-220, and amendments thereto, of the state fair board;
1151-scrap metal theft reduction fee fund, K.S.A. 2024 Supp. 50-6,109a, and
2164+fund, K.S.A. 2-220, and amendments thereto, of the state fair board; scrap
2165+metal theft reduction fee fund, K.S.A. 2024 Supp. 50-6,109a, and
11522166 amendments thereto; and any other fund in which fees are deposited for
11532167 licensing, regulating or certifying a person, profession, commodity or
11542168 product.
1155-(c) If moneys received pursuant to statutory provisions for a
1156-specific purpose by a fee agency are proposed to be transferred to the HOUSE BILL No. 2206—page 19
1157-state general fund or a special revenue fund to be expended for general
1158-government services and purposes in the governor's budget report
1159-submitted pursuant to K.S.A. 75-3721, and amendments thereto, or any
1160-introduced house or senate bill, the person or business entity who paid
1161-such moneys within the preceding 24-month period shall be notified by
1162-the fee agency within 30 days of such submission or introduction:
1163-(1) By electronic means, if the fee agency has an electronic
1164-address on record for such person or business entity. If no such
1165-electronic address is available, the fee agency shall send written notice
1166-by first class mail; or
1167-(2) any agency that receives fees from a tax, fee, charge or levy
1168-paid to the commissioner of insurance shall post the notification
1169-required by this subsection on such agency's website.
1170-(d) Any such moneys that are wrongfully or by mistake placed in
1171-the general fund shall constitute a proper charge against such general
1172-fund. All legislative appropriations which do not designate a specific
1173-fund from which they are to be paid shall be considered to be proper
1174-charges against the general fund of the state. All revenues received by
1175-the state of Kansas or any department, board, commission, or institution
1176-of the state of Kansas, and required to be paid into the state treasury
1177-shall be placed in and become a part of the state general fund, except as
1178-otherwise provided by law.
1179-(e) The provisions of this section shall not apply to the 10%
1180-credited to the state general fund to reimburse the state general fund for
1181-accounting, auditing, budgeting, legal, payroll, personnel and
1182-purchasing services, and any and all other state governmental services,
1183-as provided in K.S.A. 75-3170a, and amendments thereto.
2169+(c) If moneys received pursuant to statutory provisions for a specific
2170+purpose by a fee agency are proposed to be transferred to the state general
2171+fund or a special revenue fund to be expended for general government
2172+services and purposes in the governor's budget report submitted pursuant
2173+to K.S.A. 75-3721, and amendments thereto, or any introduced house or
2174+senate bill, the person or business entity who paid such moneys within the
2175+preceding 24-month period shall be notified by the fee agency within 30
2176+days of such submission or introduction:
2177+(1) By electronic means, if the fee agency has an electronic address
2178+on record for such person or business entity. If no such electronic address
2179+is available, the fee agency shall send written notice by first class mail; or
2180+(2) any agency that receives fees from a tax, fee, charge or levy paid
2181+to the commissioner of insurance shall post the notification required by
2182+this subsection on such agency's website.
2183+(d) Any such moneys that are wrongfully or by mistake placed in the
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2226+43 HB 2206 27
2227+general fund shall constitute a proper charge against such general fund. All
2228+legislative appropriations which do not designate a specific fund from
2229+which they are to be paid shall be considered to be proper charges against
2230+the general fund of the state. All revenues received by the state of Kansas
2231+or any department, board, commission, or institution of the state of
2232+Kansas, and required to be paid into the state treasury shall be placed in
2233+and become a part of the state general fund, except as otherwise provided
2234+by law.
2235+(e) The provisions of this section shall not apply to the 10% credited
2236+to the state general fund to reimburse the state general fund for accounting,
2237+auditing, budgeting, legal, payroll, personnel and purchasing services, and
2238+any and all other state governmental services, as provided in K.S.A. 75-
2239+3170a, and amendments thereto.
11842240 (f) Beginning on January 8, 2018, the director of the budget shall
11852241 prepare a report listing the unencumbered balance of each fund in
1186-subsection (b) on June 30 of the previous fiscal year and January 1 of
1187-the current fiscal year. Such report shall be delivered to the secretary of
1188-the senate and the chief clerk of the house of representatives on or
1189-before the first day of the regular legislative session each year.
2242+subsection (b) on June 30 of the previous fiscal year and January 1 of the
2243+current fiscal year. Such report shall be delivered to the secretary of the
2244+senate and the chief clerk of the house of representatives on or before the
2245+first day of the regular legislative session each year.
11902246 (g) As used in this section, "fee agency" shall include the state
1191-agencies specified in K.S.A. 75-3717(f), and amendments thereto, and
1192-any other state agency that collects fees for licensing, regulating or
1193-certifying a person, profession, commodity or product.
1194-Sec. 25. K.S.A. 75-3717 is hereby amended to read as follows: 75-
2247+agencies specified in K.S.A. 75-3717(f), and amendments thereto, and any
2248+other state agency that collects fees for licensing, regulating or certifying a
2249+person, profession, commodity or product.
2250+Sec. 24. K.S.A. 75-3717 is hereby amended to read as follows: 75-
11952251 3717. (a) As provided in this section, each state agency, not later than
1196-October 1 of each year, shall file with the division of the budget its
1197-budget estimates for the next fiscal year, and all amendments and
1198-revisions thereof, except that, in lieu of such annual filing, each agency
1199-listed in subsection (f), not later than October 1, 2000, and every two
1200-years thereafter, shall file budget estimates for the next fiscal year and
1201-for the ensuing fiscal year thereafter. Each agency listed in subsection
1202-(f) may file adjustments to such agency's budget that was approved by
1203-the legislature during a prior fiscal year. All such budget estimates shall
1204-be in the form provided by the director of the budget. Each agency's
1205-budget estimates shall include:
1206-(1) A full explanation of the agency's request for any
1207-appropriations for the expansion of present services or the addition of
1208-new activities, including an estimate of the anticipated expenditures for
1209-the next fiscal year and for each of the three ensuing fiscal years which
1210-would be required to support each expansion of present services or
1211-addition of new services as requested by the state agency;
2252+October 1 of each year, shall file with the division of the budget its budget
2253+estimates for the next fiscal year, and all amendments and revisions
2254+thereof, except that, in lieu of such annual filing, each agency listed in
2255+subsection (f), not later than October 1, 2000, and every two years
2256+thereafter, shall file budget estimates for the next fiscal year and for the
2257+ensuing fiscal year thereafter. Each agency listed in subsection (f) may file
2258+adjustments to such agency's budget that was approved by the legislature
2259+during a prior fiscal year. All such budget estimates shall be in the form
2260+provided by the director of the budget. Each agency's budget estimates
2261+shall include:
2262+(1) A full explanation of the agency's request for any appropriations
2263+for the expansion of present services or the addition of new activities,
2264+including an estimate of the anticipated expenditures for the next fiscal
2265+year and for each of the three ensuing fiscal years which would be required
2266+to support each expansion of present services or addition of new services
2267+as requested by the state agency;
12122268 (2) a listing of all programs of the agency that provide services for
1213-children and their families and the following information regarding
1214-each such program: Of the amount of the agency's request for
1215-appropriations to fund the program, that amount which will be spent on
1216-services for children or families with children and the number of
1217-children or families with children who are served by the program; and
1218-(3) a listing of the sources and amounts of all federal funds
1219-received or budgeted for by a state agency for the purpose of homeland
1220-security or for the purpose of sustaining, enhancing or improving the HOUSE BILL No. 2206—page 20
1221-safety and security of the state, the amount of such funds budgeted for
1222-expenditure on administrative cost and the amount of such funds
1223-budgeted for expenditure on aid to each unit of local government.
1224-(b) At the same time as each state agency submits to the division
1225-of the budget a copy of its budget estimate, and all amendments and
1226-revisions thereof, each such state agency shall submit a copy of such
1227-estimate, and all amendments and revisions thereof, directly to the
1228-legislative research department for legislative use.
1229-(c) The director of the budget shall require the agencies to submit
1230-a sufficient number of copies of their budget estimates, and all
1231-amendments and revisions thereof, to the director's office to satisfy the
1232-requirements of such office and one additional copy for legislative use
1233-which shall be retained in the division of the budget until the budget of
1234-the governor is submitted to the legislature. On or before the day that
1235-such budget is submitted to the legislature such legislative use copy,
1236-posted to reflect the governor's budget recommendations, shall be
1237-submitted to the legislative research department for use by the ways
1238-and means committee of the senate and the committee on
1239-appropriations of the house of representatives. Following presentation
1240-of the governor's budget report to the legislature, the legislative
1241-research department may request and shall receive detailed information
1242-from the division of the budget on the governor's budget
1243-recommendations.
1244-(d) The director of the budget may prepare budget estimates for
1245-any state agency failing to file a request.
1246-(e) As used in this section, "services for children and their
1247-families" includes, but is not limited to, any of the following services,
1248-whether provided directly or made accessible through subsidies or
1249-other payments:
2269+children and their families and the following information regarding each
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2312+43 HB 2206 28
2313+such program: Of the amount of the agency's request for appropriations to
2314+fund the program, that amount which will be spent on services for children
2315+or families with children and the number of children or families with
2316+children who are served by the program; and
2317+(3) a listing of the sources and amounts of all federal funds received
2318+or budgeted for by a state agency for the purpose of homeland security or
2319+for the purpose of sustaining, enhancing or improving the safety and
2320+security of the state, the amount of such funds budgeted for expenditure on
2321+administrative cost and the amount of such funds budgeted for expenditure
2322+on aid to each unit of local government.
2323+(b) At the same time as each state agency submits to the division of
2324+the budget a copy of its budget estimate, and all amendments and revisions
2325+thereof, each such state agency shall submit a copy of such estimate, and
2326+all amendments and revisions thereof, directly to the legislative research
2327+department for legislative use.
2328+(c) The director of the budget shall require the agencies to submit a
2329+sufficient number of copies of their budget estimates, and all amendments
2330+and revisions thereof, to the director's office to satisfy the requirements of
2331+such office and one additional copy for legislative use which shall be
2332+retained in the division of the budget until the budget of the governor is
2333+submitted to the legislature. On or before the day that such budget is
2334+submitted to the legislature such legislative use copy, posted to reflect the
2335+governor's budget recommendations, shall be submitted to the legislative
2336+research department for use by the ways and means committee of the
2337+senate and the committee on appropriations of the house of
2338+representatives. Following presentation of the governor's budget report to
2339+the legislature, the legislative research department may request and shall
2340+receive detailed information from the division of the budget on the
2341+governor's budget recommendations.
2342+(d) The director of the budget may prepare budget estimates for any
2343+state agency failing to file a request.
2344+(e) As used in this section, "services for children and their families"
2345+includes, but is not limited to, any of the following services, whether
2346+provided directly or made accessible through subsidies or other payments:
12502347 (1) Financial support for children and families with children or
12512348 enforcement of the obligation to support a child or a family with one or
12522349 more children;
12532350 (2) prenatal care, health care for children or immunizations for
12542351 children;
12552352 (3) mental health or retardation services for children;
12562353 (4) nutrition for children or families with children or nutritional
12572354 counseling or supplements for pregnant or nursing women;
12582355 (5) child care, early childhood education or parenting education;
1259-(6) licensure or regulation of child care or early childhood
1260-education programs;
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2357+2
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2398+43 HB 2206 29
2399+(6) licensure or regulation of child care or early childhood education
2400+programs;
12612401 (7) treatment, counseling or other services to preserve families;
12622402 (8) care, treatment, placement or adoption of children without
12632403 functioning families;
1264-(9) services to prevent child abuse and to treat and protect child
1265-abuse victims;
2404+(9) services to prevent child abuse and to treat and protect child abuse
2405+victims;
12662406 (10) services for children who are pregnant, substance abusers or
12672407 otherwise involved in high risk behavior;
12682408 (11) services related to court proceedings involving children; and
12692409 (12) youth employment services.
1270-(f) On a biennial basis, the following state agencies shall file
1271-budget estimates under the provisions of subsection (a): Abstracters'
1272-board of examiners, behavioral sciences regulatory board, board of
1273-accountancy, board of examiners in optometry, board of nursing,
1274-consumer credit commissioner, Kansas board of barbering, Kansas
1275-board of examiners in fitting and dispensing of hearing aids, Kansas
1276-dental board, Kansas real estate commission, Kansas state board of
1277-cosmetology, office of the securities commissioner of Kansas, real
1278-estate appraisal board, state bank commissioner, state board of healing
1279-arts, state board of mortuary arts, state board of pharmacy, state board
1280-of technical professions, state board of veterinary examiners,
1281-governmental ethics Kansas public disclosure commission, state
1282-department of credit unions, and Kansas home inspectors registration
1283-board.
1284-Sec. 26. K.S.A. 75-4302a is hereby amended to read as follows: HOUSE BILL No. 2206—page 21
1285-75-4302a. (a) The statement of substantial interests shall include all
2410+(f) On a biennial basis, the following state agencies shall file budget
2411+estimates under the provisions of subsection (a): Abstracters' board of
2412+examiners, behavioral sciences regulatory board, board of accountancy,
2413+board of examiners in optometry, board of nursing, consumer credit
2414+commissioner, Kansas board of barbering, Kansas board of examiners in
2415+fitting and dispensing of hearing aids, Kansas dental board, Kansas real
2416+estate commission, Kansas state board of cosmetology, office of the
2417+securities commissioner of Kansas, real estate appraisal board, state bank
2418+commissioner, state board of healing arts, state board of mortuary arts,
2419+state board of pharmacy, state board of technical professions, state board
2420+of veterinary examiners, governmental ethics Kansas public disclosure
2421+commission, state department of credit unions, and Kansas home
2422+inspectors registration board.
2423+Sec. 25. K.S.A. 75-4302a is hereby amended to read as follows: 75-
2424+4302a. (a) The statement of substantial interests shall include all
12862425 substantial interests of the individual making the statement.
1287-(b) Statements of substantial interests shall be filed by the
1288-following individuals at the times specified:
2426+(b) Statements of substantial interests shall be filed by the following
2427+individuals at the times specified:
12892428 (1) By a candidate for local office who becomes a candidate on or
12902429 before the filing deadline for the office, not later than 10 days after the
1291-filing deadline, unless before that time the candidacy is officially
1292-declined or rejected.
1293-(2) By a candidate for local office who becomes a candidate after
1294-the filing deadline for the office, within five days of becoming a
1295-candidate, unless within that period the candidacy is officially declined
2430+filing deadline, unless before that time the candidacy is officially declined
12962431 or rejected.
2432+(2) By a candidate for local office who becomes a candidate after the
2433+filing deadline for the office, within five days of becoming a candidate,
2434+unless within that period the candidacy is officially declined or rejected.
12972435 (3) By an individual appointed on or before April 30 of any year to
1298-fill a vacancy in an elective office of a governmental subdivision,
1299-between April 15 and April 30, inclusive, of that year.
2436+fill a vacancy in an elective office of a governmental subdivision, between
2437+April 15 and April 30, inclusive, of that year.
13002438 (4) By an individual appointed after April 30 of any year to fill a
13012439 vacancy in an elective office of a governmental subdivision, within 15
13022440 days after the appointment.
13032441 (5) By any individual holding an elective office of a governmental
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13042485 subdivision, between April 15 and April 30, inclusive, of any year if,
1305-during the preceding calendar year, any change occurred in the
1306-individual's substantial interests.
1307-(c) The statement of substantial interests required to be filed
1308-pursuant to this section shall be filed in the office where declarations of
1309-candidacy for the local governmental office sought or held by the
1310-individual are required to be filed.
1311-(d) The governmental ethics Kansas public disclosure commission
1312-shall adopt rules and regulations prescribing the form and the manner
1313-for filing the disclosures of substantial interests required by law. The
2486+during the preceding calendar year, any change occurred in the individual's
2487+substantial interests.
2488+(c) The statement of substantial interests required to be filed pursuant
2489+to this section shall be filed in the office where declarations of candidacy
2490+for the local governmental office sought or held by the individual are
2491+required to be filed.
2492+(d) The governmental ethics Kansas public disclsoure commission
2493+shall adopt rules and regulations prescribing the form and the manner for
2494+filing the disclosures of substantial interests required by law. The
13142495 commission shall provide samples of the form of the statement to each
13152496 county election officer.
13162497 (e) If an individual or an individual's spouse holds the position of
1317-officer, director, associate, partner or proprietor in an organization
1318-exempt from federal taxation of corporations under section 501(c)(3),
1319-(4), (6), (7), (8), (10) or (19) of chapter 26 of the United States code,
1320-the individual shall comply with all disclosure provisions of
1321-subsections (a), (b), (c) and (d) of this section notwithstanding the
1322-provisions of K.S.A. 75-4301, and amendments thereto, which provide
1323-that these individuals may not have a substantial interest in these
1324-corporations.
1325-Sec. 27. K.S.A. 75-4303a is hereby amended to read as follows:
1326-75-4303a. (a) The governmental ethics Kansas public disclosure
1327-commission shall render advisory opinions on the interpretation or
1328-application of K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305
1329-and 75-4306, and amendments thereto. The opinions shall be rendered
1330-after receipt of a written request therefor by a local governmental
1331-officer or employee or by any person who has filed as a candidate for
1332-local office. Any person who requests and receives an advisory opinion
1333-and who acts in accordance with its provisions shall be presumed to
1334-have complied with the provisions of the general conflict of interests
1335-law. A copy of any advisory opinion rendered by the commission shall
1336-be filed by the commission in the office of the secretary of state, and
1337-any opinion so filed shall be open to public inspection. All requests for
1338-advisory opinions shall be directed to the secretary of state who shall
1339-notify the commission thereof.
2498+officer, director, associate, partner or proprietor in an organization exempt
2499+from federal taxation of corporations under section 501(c)(3), (4), (6), (7),
2500+(8), (10) or (19) of chapter 26 of the United States code, the individual
2501+shall comply with all disclosure provisions of subsections (a), (b), (c) and
2502+(d) of this section notwithstanding the provisions of K.S.A. 75-4301, and
2503+amendments thereto, which provide that these individuals may not have a
2504+substantial interest in these corporations.
2505+Sec. 26. K.S.A. 75-4303a is hereby amended to read as follows: 75-
2506+4303a. (a) The governmental ethics Kansas public disclosure commission
2507+shall render advisory opinions on the interpretation or application of
2508+K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306,
2509+and amendments thereto. The opinions shall be rendered after receipt of a
2510+written request therefor by a local governmental officer or employee or by
2511+any person who has filed as a candidate for local office. Any person who
2512+requests and receives an advisory opinion and who acts in accordance with
2513+its provisions shall be presumed to have complied with the provisions of
2514+the general conflict of interests law. A copy of any advisory opinion
2515+rendered by the commission shall be filed by the commission in the office
2516+of the secretary of state, and any opinion so filed shall be open to public
2517+inspection. All requests for advisory opinions shall be directed to the
2518+secretary of state who shall notify the commission thereof.
13402519 (b) The governmental ethics Kansas public disclosure commission
1341-shall administer K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-
1342-4305 and 75-4306, and amendments thereto, and may adopt rules and
2520+shall administer K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305
2521+and 75-4306, and amendments thereto, and may adopt rules and
13432522 regulations therefor.
1344-Sec. 28. K.S.A. 2024 Supp. 77-440 is hereby amended to read as
2523+Sec. 27. K.S.A. 2024 Supp. 77-440 is hereby amended to read as
13452524 follows: 77-440. (a) All rules and regulations adopted by state agencies
13462525 under the provisions of K.S.A. 77-415 et seq., and amendments thereto,
13472526 shall be reviewed every five years in accordance with this section.
1348-(b) (1) Each state agency that has adopted rules and regulations HOUSE BILL No. 2206—page 22
1349-shall submit a report to the joint committee on administrative rules and
1350-regulations on or before July 15 of the year that corresponds to such
1351-state agency under paragraph (2). Such report shall contain a summary
1352-of such state agency's review and evaluation of rules and regulations
1353-adopted by such state agency, including a statement for each rule and
1354-regulation as to whether such rule and regulation is necessary for the
1355-implementation and administration of state law or may be revoked
1356-pursuant to K.S.A. 77-426(d), and amendments thereto.
2527+(b) (1) Each state agency that has adopted rules and regulations shall
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2571+submit a report to the joint committee on administrative rules and
2572+regulations on or before July 15 of the year that corresponds to such state
2573+agency under paragraph (2). Such report shall contain a summary of such
2574+state agency's review and evaluation of rules and regulations adopted by
2575+such state agency, including a statement for each rule and regulation as to
2576+whether such rule and regulation is necessary for the implementation and
2577+administration of state law or may be revoked pursuant to K.S.A. 77-
2578+426(d), and amendments thereto.
13572579 (2) Each state agency that has adopted rules and regulations shall
13582580 submit a report as required under paragraph (1) in the years that
13592581 correspond to such state agency as follows:
13602582 (A) For 2023 and every fifth year thereafter, the following state
13612583 agencies:
13622584 (i) Department of administration;
13632585 (ii) municipal accounting board;
13642586 (iii) state treasurer;
13652587 (iv) Kansas department of agriculture;
1366-(v) Kansas department of agriculture—division of water
1367-resources;
2588+(v) Kansas department of agriculture—division of water resources;
13682589 (vi) state election board;
13692590 (vii) secretary of state;
13702591 (viii) livestock brand commissioner;
13712592 (ix) Kansas department of agriculture—division of animal health;
13722593 (x) Kansas bureau of investigation;
13732594 (xi) Kansas department of agriculture—division of conservation;
13742595 (xii) agricultural labor relations board;
13752596 (xiii) alcoholic beverage control board of review;
1376-(xiv) Kansas department of revenue—division of alcoholic
1377-beverage control;
2597+(xiv) Kansas department of revenue—division of alcoholic beverage
2598+control;
13782599 (xv) athletic commission;
13792600 (xvi) attorney general;
13802601 (xvii) office of the state bank commissioner;
13812602 (xviii) employee award board;
13822603 (xix) governmental ethicsKansas public disclosure commission;
13832604 (xx) crime victims compensation board;
13842605 (xxi) Kansas human rights commission;
13852606 (xxii) state fire marshal; and
13862607 (xxiii) Kansas department of wildlife and parks;
13872608 (B) for 2024 and every fifth year thereafter, the following state
13882609 agencies:
13892610 (i) Kansas wheat commission;
13902611 (ii) Kansas state grain inspection department;
13912612 (iii) Kansas department for aging and disability services;
13922613 (iv) Kansas energy office;
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13932657 (v) department of health and environment;
13942658 (vi) Kansas department for children and families;
13952659 (vii) park and resources authority;
13962660 (viii) state salvage board;
13972661 (ix) Kansas department of transportation;
13982662 (x) Kansas highway patrol;
13992663 (xi) savings and loan department;
14002664 (xii) Kansas turnpike authority;
14012665 (xiii) insurance department;
14022666 (xiv) food service and lodging board;
14032667 (xv) commission on alcoholism;
14042668 (xvi) corrections ombudsman board;
14052669 (xvii) department of corrections;
14062670 (xviii) Kansas prisoner review board;
14072671 (xix) executive council;
14082672 (xx) mined-land conservation and reclamation (KDHE);
14092673 (xxi) department of labor—employment security board of review;
14102674 (xxii) department of labor;
14112675 (xxiii) department of labor—division of employment; and
1412-(xxiv) department of labor—division of workers compensation; HOUSE BILL No. 2206—page 23
2676+(xxiv) department of labor—division of workers compensation;
14132677 (C) for 2025 and every fifth year thereafter, the following state
14142678 agencies:
14152679 (i) State records board;
14162680 (ii) state library;
14172681 (iii) board for the registration and examination of landscape
14182682 architects;
14192683 (iv) adjutant general's department;
14202684 (v) state board of nursing;
14212685 (vi) Kansas board of barbering;
14222686 (vii) state board of mortuary arts;
14232687 (viii) board of engineering examiners;
14242688 (ix) board of examiners in optometry;
14252689 (x) state board of technical professions;
1426-(xi) Kansas board of examiners in fitting and dispensing of
1427-hearing instruments;
2690+(xi) Kansas board of examiners in fitting and dispensing of hearing
2691+instruments;
14282692 (xii) state board of pharmacy;
14292693 (xiii) Kansas state board of cosmetology;
14302694 (xiv) state board of veterinary examiners;
14312695 (xv) Kansas dental board;
14322696 (xvi) board of examiners of psychologists;
14332697 (xvii) registration and examining board for architects;
14342698 (xviii) board of accountancy;
14352699 (xix) state bank commissioner—consumer and mortgage lending
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14362743 division;
14372744 (xx) board of basic science examiners;
14382745 (xxi) Kansas public employees retirement system;
14392746 (xxii) office of the securities commissioner; and
14402747 (xxiii) Kansas corporation commission;
14412748 (D) for 2026 and every fifth year thereafter, the following state
14422749 agencies:
14432750 (i) Public employee relations board;
14442751 (ii) abstracters' board of examiners;
14452752 (iii) Kansas real estate commission;
14462753 (iv) education commission;
14472754 (v) state board of regents;
14482755 (vi) school budget review board;
14492756 (vii) school retirement board;
14502757 (viii) state department of education;
14512758 (ix) Kansas department of revenue;
14522759 (x) Kansas department of revenue—division of property valuation;
14532760 (xi) state board of tax appeals;
14542761 (xii) crop improvement association;
14552762 (xiii) Kansas office of veterans services;
14562763 (xiv) Kansas water office;
14572764 (xv) Kansas department of agriculture—division of weights and
14582765 measures;
14592766 (xvi) state board of healing arts;
14602767 (xvii) podiatry board;
14612768 (xviii) behavioral sciences regulatory board;
1462-(xix) state bank commissioner and savings and loan commissioner
1463-joint regulations;
2769+(xix) state bank commissioner and savings and loan commissioner
2770+joint regulations;
14642771 (xx) consumer credit commissioner, credit union administrator,
1465-savings and loan commissioner and bank commissioner—joint
1466-regulations;
2772+savings and loan commissioner and bank commissioner—joint regulations;
14672773 (xxi) state board of indigents' defense services;
1468-(xxii) Kansas commission on peace officers' standards and
1469-training; and
2774+(xxii) Kansas commission on peace officers' standards and training;
2775+and
14702776 (xxiii) law enforcement training center; and
14712777 (E) for 2027 and every fifth year thereafter, the following state
14722778 agencies:
14732779 (i) Kansas state employees health care commission;
14742780 (ii) emergency medical services board;
14752781 (iii) department of commerce;
1476-(iv) Kansas lottery; HOUSE BILL No. 2206—page 24
2782+(iv) Kansas lottery;
14772783 (v) Kansas racing and gaming commission;
14782784 (vi) Kansas department of wildlife and parks;
14792785 (vii) Kansas state fair board;
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14802829 (viii) real estate appraisal board;
14812830 (ix) state historical society;
14822831 (x) health care data governing board;
14832832 (xi) state department of credit unions;
14842833 (xii) pooled money investment board;
14852834 (xiii) department of corrections—division of juvenile services;
14862835 (xiv) state child death review board;
14872836 (xv) Kansas agricultural remediation board;
14882837 (xvi) unmarked burial sites preservation board;
14892838 (xvii) Kansas housing resources corporation;
14902839 (xviii) department of commerce—Kansas athletic commission;
1491-(xix) department of health and environment—division of health
1492-care finance;
2840+(xix) department of health and environment—division of health care
2841+finance;
14932842 (xx) home inspectors registration board;
14942843 (xxi) committee on surety bonds and insurance;
14952844 (xxii) 911 coordinating council; and
14962845 (xxiii) office of administrative hearings.
14972846 (c) For any state agency not listed in subsection (b)(2) that adopts
1498-rules and regulations that become effective on or after July 1, 2022,
1499-such state agency shall submit a report to the joint committee on
1500-administrative rules and regulations in accordance with subsection (b)
1501-(1) on or before July 15 of the fifth year after such rules and regulations
1502-become effective and every fifth year thereafter.
1503-(d) Notwithstanding any other provision of law, a rule and
1504-regulation may be adopted or maintained by a state agency only if
1505-such rule and regulation serves an identifiable public purpose to
1506-support state law and may not be broader than is necessary to meet
1507-such public purpose.
1508-(e) This section shall be a part of and supplemental to the rules
1509-and regulations filing act, K.S.A. 77-415 et seq., and amendments
1510-thereto. HOUSE BILL No. 2206—page 25
1511-Sec. 29. K.S.A. 25-4119a, 25-4119b, 25-4119e, 25-4119f, 25-
1512-4142, 25-4150, 25-4152, 25-4153b, 25-4154, 25-4157, 25-4158a, 25-
1513-4180, 25-4186, 46-246a, 46-253, 46-265, 46-280, 46-288, 46-295, 75-
1514-3717, 75-4302a and 75-4303a and K.S.A. 2024 Supp. 25-4143, 25-
1515-4145, 74-50,297, 75-3036 and 77-440 are hereby repealed.
1516-Sec. 30. This act shall take effect and be in force from and after its
2847+rules and regulations that become effective on or after July 1, 2022, such
2848+state agency shall submit a report to the joint committee on administrative
2849+rules and regulations in accordance with subsection (b)(1) on or before
2850+July 15 of the fifth year after such rules and regulations become effective
2851+and every fifth year thereafter.
2852+(d) Notwithstanding any other provision of law, a rule and regulation
2853+may be adopted or maintained by a state agency only if such rule and
2854+regulation serves an identifiable public purpose to support state law and
2855+may not be broader than is necessary to meet such public purpose.
2856+(e) This section shall be a part of and supplemental to the rules and
2857+regulations filing act, K.S.A. 77-415 et seq., and amendments thereto.
2858+Sec. 28. K.S.A. 25-4119a, 25-4119b, 25-4119e, 25-4119f, 25-4142,
2859+25-4150, 25-4152, 25-4153b, 25-4154, 25-4157, 25-4158a, 25-4180, 25-
2860+4186, 46-246a, 46-253, 46-265, 46-280, 46-288, 46-295, 75-3717, 75-
2861+4302a and 75-4303a and K.S.A. 2024 Supp. 25-4143, 25-4145, 74-50,297,
2862+75-3036 and 77-440 are hereby repealed.
2863+Sec. 29. This act shall take effect and be in force from and after its
15172864 publication in the statute book.
1518-I hereby certify that the above BILL originated in the House, and passed
1519-that body
1520-HOUSE concurred in
1521-SENATE amendments __________________________________________________________________
1522-
1523-Speaker of the House.
1524-
1525-
1526-Chief Clerk of the House.
1527-
1528-Passed the SENATE
1529- as amended
1530-
1531-President of the Senate.
1532-
1533-
1534-Secretary of the Senate.
1535-APPROVED ______________________________________________________________________________
1536-
1537-Governor.
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