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1 | + | Session of 2025 | |
1 | 2 | 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. | |
12 | 16 | 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- | |
25 | 18 | 4119a. (a) There is hereby created the Kansas public disclosure | |
26 | 19 | commission on governmental standards and conduct. | |
27 | 20 | (b) On and after July 1, 1998 2025, the Kansas commission on | |
28 | 21 | governmental standards and conduct is hereby redesignated as the | |
29 | 22 | governmental ethics commission is hereby redesignated as the Kansas | |
30 | 23 | public disclosure commission. On and after July 1, 1998, Whenever the | |
31 | - | Kansas governmental ethics commission on governmental standards | |
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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. | |
38 | 31 | (c) The Kansas public disclosure commission shall consist of nine | |
39 | 32 | 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 | |
69 | 95 | commission, in accordance with appropriation acts of the legislature, | |
70 | 96 | subject to approval by the governor. The commission may employ such | |
71 | - | other staff and attorneys as it determines, within amounts appropriated | |
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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. | |
75 | 101 | (d)(f) The commission may adopt rules and regulations for the | |
76 | 102 | 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. | |
96 | 164 | (f)(h) The commission shall submit an annual report and | |
97 | - | recommendations in relation to all acts administered by the commission | |
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165 | + | recommendations in relation to all acts administered by the commission to | |
166 | + | the governor and to the legislative coordinating council on or before | |
99 | 167 | December 1 of each year. The legislative coordinating council shall | |
100 | 168 | 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. | |
127 | 194 | (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 | - | ||
130 | - | Sec. | |
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- | |
131 | 198 | 4119e. (a) There is hereby established in the state treasury the | |
132 | - | governmental ethics Kansas public | |
199 | + | governmental ethics Kansas public disclsoure commission fee fund. All | |
133 | 200 | 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- | |
152 | 261 | 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 | - | ||
155 | - | (1) Governor and lieutenant governor......................................... | |
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; | |
156 | 265 | (2) state offices elected by statewide election, other than the governor | |
157 | - | and lieutenant governor......................................................... | |
266 | + | and lieutenant governor......................................................... $650; | |
158 | 267 | (3) state senator, state representative, state board of education, district | |
159 | 268 | attorney, board of public utilities of the city of Kansas City and | |
160 | - | elected county offices.............................................................. | |
269 | + | elected county offices.............................................................. $50; | |
161 | 270 | and | |
162 | 271 | (4) members of boards of education of unified school districts having | |
163 | 272 | 35,000 or more pupils regularly enrolled in the preceding school | |
164 | 273 | year, members of governing bodies of cities of the first class and | |
165 | 274 | judges of the district court in judicial districts in which judges are | |
166 | - | elected | |
167 | - | (b) The secretary of state shall remit all fees received by that | |
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175 | - | Sec. | |
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- | |
176 | 285 | 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: | |
182 | 334 | (a) "Agent" means an individual who is: | |
183 | 335 | (1) A candidate; | |
184 | 336 | (2) a chairperson of a candidate, political or party committee; | |
185 | 337 | (3) a treasurer; or | |
186 | 338 | (4) any director, officer, employee, paid consultant or other person | |
187 | 339 | who is authorized to act on behalf of persons listed in this subsection. | |
188 | 340 | (b) "Candidate" means an individual who: | |
189 | 341 | (1) Appoints a treasurer or a candidate committee; | |
190 | - | (2) makes a public announcement of intention to seek nomination | |
191 | - | ||
342 | + | (2) makes a public announcement of intention to seek nomination or | |
343 | + | election to state or local office; | |
192 | 344 | (3) makes any expenditure or accepts any contribution for such | |
193 | 345 | 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 | |
346 | + | (4) files a declaration or petition to become a candidate for state or | |
195 | 347 | local office. | |
196 | 348 | (c) "Candidate committee" means a committee appointed by a | |
197 | 349 | candidate to receive contributions and make expenditures for the | |
198 | 350 | candidate. | |
199 | 351 | (d) "Clearly identified candidate" means a candidate who has been | |
200 | 352 | identified by the: | |
201 | 353 | (1) Use of the name of the candidate; | |
202 | 354 | (2) use of a photograph or drawing of the candidate; or | |
203 | - | (3) unambiguous reference to the candidate whether or not the | |
204 | - | ||
355 | + | (3) unambiguous reference to the candidate whether or not the name, | |
356 | + | photograph or drawing of such candidate is used. | |
205 | 357 | (e) "Commission" means the governmental ethics commission. | |
206 | 358 | (f) (1) "Contribution" means: | |
207 | 359 | (A) Any advance, conveyance, deposit, distribution, gift, loan or | |
208 | 360 | payment of money or any other thing of value given to a candidate, | |
209 | 361 | candidate committee, party committee or political committee for the | |
210 | 362 | express purpose of nominating, electing or defeating a clearly identified | |
211 | 363 | candidate for a state or local office; | |
212 | 364 | (B) any advance, conveyance, deposit, distribution, gift, loan or | |
213 | - | payment of money or any other thing of value made to expressly | |
214 | - | ||
215 | - | ||
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; | |
216 | 368 | (C) a transfer of funds between any two or more candidate | |
217 | 369 | committees, party committees or political committees; | |
218 | 370 | (D) the payment, by any person other than a candidate, candidate | |
219 | - | committee, party committee or political committee, of compensation to | |
220 | - | ||
221 | - | ||
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; | |
222 | 374 | (E) the purchase of tickets or admissions to, or advertisements in | |
223 | 375 | journals or programs for, testimonial events; or | |
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224 | 419 | (F) a mailing of materials designed to expressly advocate the | |
225 | 420 | nomination, election or defeat of a clearly identified candidate, which is | |
226 | 421 | made and paid for by a party committee with the consent of such | |
227 | 422 | candidate. | |
228 | 423 | (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. | |
241 | 434 | (g) (1) "Cooperation or consent" means, with respect to | |
242 | 435 | expenditures: | |
243 | 436 | (A) An express advocacy expenditure that is created, produced or | |
244 | 437 | distributed at the request or recommendation of a candidate, candidate | |
245 | 438 | committee or party committee; or | |
246 | 439 | (B) an express advocacy expenditure that is created, produced or | |
247 | 440 | distributed at the recommendation of a person who is paying for such | |
248 | 441 | express advocacy and the candidate, candidate committee or party | |
249 | 442 | committee assents to such recommendation. | |
250 | 443 | (2) "Cooperation or consent" does not include: | |
251 | - | (A) A candidate's or a political party's response to an inquiry | |
252 | - | ||
253 | - | ||
254 | - | (B) an expenditure for which the information material to the | |
255 | - | ||
256 | - | ||
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; | |
257 | 450 | (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. | |
277 | 512 | (h) "Election" means: | |
278 | 513 | (1) A primary or general election for state or local office; and | |
279 | 514 | (2) a convention or caucus of a political party held to nominate a | |
280 | 515 | candidate for state or local office. | |
281 | 516 | (h)(i) (1) "Expenditure" means: | |
282 | 517 | (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 | |
290 | 521 | 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; | |
291 | 526 | (C) any contract to make an expenditure; | |
292 | 527 | (D) a transfer of funds between any two or more candidate | |
293 | 528 | committees, party committees or political committees; or | |
294 | 529 | (E) payment of a candidate's filing fees. | |
295 | 530 | (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; | |
298 | 532 | (B) costs to a volunteer incidental to the rendering of volunteer | |
299 | 533 | 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 | |
312 | 545 | identified candidate. | |
313 | 546 | (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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591 | + | including, but not limited to: | |
316 | 592 | (1) "Vote for the secretary of state"; | |
317 | 593 | (2) "re-elect your senator"; | |
318 | 594 | (3) "support the democratic nominee"; | |
319 | 595 | (4) "cast your ballot for the republican challenger for governor"; | |
320 | 596 | (5) "Smith for senate"; | |
321 | 597 | (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 | |
325 | 600 | (9) "Smith's the one." | |
326 | 601 | (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. | |
345 | 619 | (k)(l) "Person" means any individual, committee, corporation, | |
346 | 620 | partnership, trust, organization or association. | |
347 | 621 | (l)(m) (1) "Political committee" means any entity, including any | |
348 | 622 | combination of two or more individuals who are not married to one | |
349 | 623 | another, or any person other than an individual, a the major purpose of | |
350 | 624 | 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. | |
365 | 680 | (2) "Political committee" shall does not include a candidate | |
366 | 681 | committee or a party committee. | |
367 | - | (3) (A) As used in this subsection, "total program spending" | |
368 | - | ||
682 | + | (3) (A) As used in this subsection, "total program spending" means | |
683 | + | the aggregate expenditures on all program activities, including: | |
369 | 684 | (i) All disbursements for contributions and expenditures; and | |
370 | - | (ii) all expenditures for fundraising communications that | |
371 | - | ||
372 | - | ||
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. | |
373 | 688 | (B) "Total program spending" does not include: | |
374 | 689 | (i) Expenditures for volunteer time or expenses; | |
375 | 690 | (ii) administrative expenses; or | |
376 | 691 | (iii) any other fundraising expenses. | |
377 | 692 | (C) For purposes of determining total program spending on | |
378 | 693 | contributions and expenditures: | |
379 | 694 | (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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762 | + | 43 HB 2206 10 | |
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 | |
418 | 771 | 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. | |
426 | 781 | (b) Every statement of organization shall include: | |
427 | 782 | (1) The name and address of the committee. The name of the | |
428 | 783 | committee shall reflect the full name of the organization with which the | |
429 | 784 | committee is connected or affiliated or sufficiently describe such | |
430 | - | affiliation. If the political committee is not connected or affiliated with | |
431 | - | ||
432 | - | ||
433 | - | ||
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; | |
434 | 789 | (2) the names, addresses and email addresses, which such email | |
435 | 790 | addresses shall be optional, of the chairperson and treasurer of the | |
436 | 791 | committee; | |
437 | - | (3) the names and addresses of affiliated or connected | |
438 | - | ||
792 | + | (3) the names and addresses of affiliated or connected organizations; | |
793 | + | and | |
439 | 794 | (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 | - | ||
442 | - | ||
443 | - | ||
444 | - | ||
445 | - | (c) Any change in information previously reported in a statement | |
446 | - | ||
447 | - | ||
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. | |
448 | 803 | (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. | |
465 | 862 | (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. | |
511 | 947 | (2) If a person makes independent expenditures in an aggregate | |
512 | 948 | amount of $1,000 or more in the same calendar year after filing a | |
513 | 949 | statement of independent expenditures, then a subsequent statement of | |
514 | - | independent expenditures shall be filed with the commission in | |
515 | - | ||
950 | + | independent expenditures shall be filed with the commission in accordance | |
951 | + | with this section. | |
516 | 952 | (c) If such contributions are received or expenditures are made to | |
517 | 953 | expressly advocate the nomination, election or defeat of a clearly | |
518 | 954 | identified candidate for state-wide state office, such statement shall be | |
519 | 955 | 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 | |
544 | 1022 | 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). | |
551 | 1028 | (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 | |
553 | 1040 | 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 | |
579 | 1054 | expressly advocate the nomination, election or defeat of a clearly | |
580 | 1055 | identified candidate for the legislature or to make contributions or | |
581 | - | expenditures for the nomination, election or defeat of a clearly | |
582 | - | ||
583 | - | ||
584 | - | (b) Any such political committee existing prior to the effective | |
585 | - | ||
586 | - | Sec. | |
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- | |
587 | 1062 | 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. | |
619 | 1137 | (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 | - | ||
622 | - | ||
623 | - | ||
624 | - | ||
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. | |
625 | 1143 | (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- | |
632 | 1149 | 4157. (a) Before any candidate committee, party committee or political | |
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633 | 1193 | committee may be dissolved or the position of a candidate's treasurer | |
634 | 1194 | terminated, the treasurer of the candidate or such committee shall file a | |
635 | 1195 | 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 | - | ||
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 | |
638 | 1198 | 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 | |
640 | 1205 | 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. | |
648 | 1208 | (b) If a candidate dies with an open candidate committee account | |
649 | - | which that contains campaign funds, the executor or administrator of | |
650 | - | ||
1209 | + | which that contains campaign funds, the executor or administrator of the | |
1210 | + | candidate's estate shall be responsible for terminating the candidate | |
651 | 1211 | 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. | |
699 | 1299 | (b)(d) (1) The commission shall send a notice by registered or | |
700 | 1300 | certified mail to any person failing to file any report required by | |
701 | 1301 | 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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1365 | + | (a) is a class A misdemeanor. | |
724 | 1366 | (d)(f) This section shall be a part of and supplemental to the | |
725 | 1367 | campaign finance act. | |
726 | - | Sec. | |
727 | - | 4186. (a) Not later than 10 days after receiving any contribution or | |
728 | - | ||
729 | - | ||
730 | - | ||
731 | - | ||
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. | |
732 | 1374 | (b) No person shall make any expenditure or make or receive any | |
733 | 1375 | contribution or receipt, in kind or otherwise, for a gubernatorial | |
734 | 1376 | inauguration except by or through the inaugural treasurer. | |
735 | 1377 | (c) The inaugural treasurer shall keep detailed accounts of all | |
736 | 1378 | contributions and other receipts received, in kind or otherwise, and all | |
737 | 1379 | expenditures made for a gubernatorial inauguration. Accounts of the | |
738 | 1380 | treasurer may be inspected under conditions determined by the | |
739 | 1381 | 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 | - | ||
742 | - | ||
743 | - | ||
744 | - | ||
745 | - | ||
746 | - | ||
747 | - | ||
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749 | - | ||
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. | |
750 | 1392 | (d) The inaugural treasurer shall file with the secretary of state a | |
751 | 1393 | report on March 10 and July 10 following the inauguration. The report | |
752 | 1394 | filed on March 10 shall be for the period ending on February 28 and the | |
753 | 1395 | 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 | |
788 | 1471 | expenditures for personal benefit having no direct connection with or | |
789 | 1472 | effect upon the inauguration. | |
790 | - | (i) (1) Before the filing of a termination report in accordance with | |
791 | - | ||
792 | - | ||
793 | - | ||
794 | - | ||
795 | - | ||
796 | - | ||
797 | - | ||
798 | - | ||
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. | |
799 | 1482 | (2) Any residual funds not otherwise obligated shall either be: | |
800 | 1483 | (A) Donated to any charitable organization which qualifies as a | |
801 | 1484 | 501(c)(3) not-for-profit corporation under the federal internal revenue | |
802 | 1485 | 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- | |
837 | 1560 | 246a. (a) From and after the effective date of this act, no state officer or | |
838 | 1561 | employee shall advocate or cause the employment, appointment, | |
839 | - | promotion, transfer or advancement to any office or position of the | |
840 | - | ||
841 | - | ||
842 | - | (b) No state officer or employee shall participate in an action | |
843 | - | ||
844 | - | ||
845 | - | (c) The provisions of this section shall not apply to appointments | |
846 | - | ||
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 | |
847 | 1570 | employment, appointment, promotion, transfer or advancement of any | |
848 | 1571 | 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 | - | ||
1572 | + | (d) The provisions of this section shall be subject to interpretation and | |
1573 | + | enforcement by the governmental ethics Kansas public disclosure | |
851 | 1574 | commission in the manner provided by K.S.A. 46-253 through 46-263, | |
852 | 1575 | 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. | |
894 | 1659 | (b) On or after October 1, in any year any person may register as a | |
895 | 1660 | lobbyist under this section for the succeeding calendar year. The | |
896 | 1661 | registration shall expire annually on December 31 of the year for which | |
897 | 1662 | 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. | |
929 | 1736 | (d) No person who has failed or refused to pay any civil penalty | |
930 | 1737 | imposed pursuant to K.S.A. 46-280, and amendments thereto, shall be | |
931 | 1738 | authorized or permitted to register as a lobbyist in accordance with this | |
932 | 1739 | 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 | |
973 | 1822 | st | |
974 | - | day | |
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. | |
987 | 1835 | (2) If a person required to file under K.S.A. 46-247(f), and | |
988 | 1836 | 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. | |
1024 | 1912 | (c) As used in this section: | |
1025 | 1913 | (1) "Governmental entity" has the meaning means the same as | |
1026 | 1914 | defined in K.S.A. 75-6102, and amendments thereto. | |
1027 | - | (2) "Lobbying" has the meaning means the same as defined in | |
1028 | - | ||
1029 | - | (3) "Public funds" means moneys appropriated by the state or any | |
1030 | - | ||
1031 | - | Sec. | |
1032 | - | ||
1033 | - | ||
1034 | - | ||
1035 | - | governmental ethics public disclosure commission each quarter and | |
1036 | - | ||
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. | |
1037 | 1925 | (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, | |
1926 | + | 1 | |
1927 | + | 2 | |
1928 | + | 3 | |
1929 | + | 4 | |
1930 | + | 5 | |
1931 | + | 6 | |
1932 | + | 7 | |
1933 | + | 8 | |
1934 | + | 9 | |
1935 | + | 10 | |
1936 | + | 11 | |
1937 | + | 12 | |
1938 | + | 13 | |
1939 | + | 14 | |
1940 | + | 15 | |
1941 | + | 16 | |
1942 | + | 17 | |
1943 | + | 18 | |
1944 | + | 19 | |
1945 | + | 20 | |
1946 | + | 21 | |
1947 | + | 22 | |
1948 | + | 23 | |
1949 | + | 24 | |
1950 | + | 25 | |
1951 | + | 26 | |
1952 | + | 27 | |
1953 | + | 28 | |
1954 | + | 29 | |
1955 | + | 30 | |
1956 | + | 31 | |
1957 | + | 32 | |
1958 | + | 33 | |
1959 | + | 34 | |
1960 | + | 35 | |
1961 | + | 36 | |
1962 | + | 37 | |
1963 | + | 38 | |
1964 | + | 39 | |
1965 | + | 40 | |
1966 | + | 41 | |
1967 | + | 42 | |
1968 | + | 43 HB 2206 24 | |
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 | |
2012 | + | 1 | |
2013 | + | 2 | |
2014 | + | 3 | |
2015 | + | 4 | |
2016 | + | 5 | |
2017 | + | 6 | |
2018 | + | 7 | |
2019 | + | 8 | |
2020 | + | 9 | |
2021 | + | 10 | |
2022 | + | 11 | |
2023 | + | 12 | |
2024 | + | 13 | |
2025 | + | 14 | |
2026 | + | 15 | |
2027 | + | 16 | |
2028 | + | 17 | |
2029 | + | 18 | |
2030 | + | 19 | |
2031 | + | 20 | |
2032 | + | 21 | |
2033 | + | 22 | |
2034 | + | 23 | |
2035 | + | 24 | |
2036 | + | 25 | |
2037 | + | 26 | |
2038 | + | 27 | |
2039 | + | 28 | |
2040 | + | 29 | |
2041 | + | 30 | |
2042 | + | 31 | |
2043 | + | 32 | |
2044 | + | 33 | |
2045 | + | 34 | |
2046 | + | 35 | |
2047 | + | 36 | |
2048 | + | 37 | |
2049 | + | 38 | |
2050 | + | 39 | |
2051 | + | 40 | |
2052 | + | 41 | |
2053 | + | 42 | |
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 | |
2098 | + | 1 | |
2099 | + | 2 | |
2100 | + | 3 | |
2101 | + | 4 | |
2102 | + | 5 | |
2103 | + | 6 | |
2104 | + | 7 | |
2105 | + | 8 | |
2106 | + | 9 | |
2107 | + | 10 | |
2108 | + | 11 | |
2109 | + | 12 | |
2110 | + | 13 | |
2111 | + | 14 | |
2112 | + | 15 | |
2113 | + | 16 | |
2114 | + | 17 | |
2115 | + | 18 | |
2116 | + | 19 | |
2117 | + | 20 | |
2118 | + | 21 | |
2119 | + | 22 | |
2120 | + | 23 | |
2121 | + | 24 | |
2122 | + | 25 | |
2123 | + | 26 | |
2124 | + | 27 | |
2125 | + | 28 | |
2126 | + | 29 | |
2127 | + | 30 | |
2128 | + | 31 | |
2129 | + | 32 | |
2130 | + | 33 | |
2131 | + | 34 | |
2132 | + | 35 | |
2133 | + | 36 | |
2134 | + | 37 | |
2135 | + | 38 | |
2136 | + | 39 | |
2137 | + | 40 | |
2138 | + | 41 | |
2139 | + | 42 | |
2140 | + | 43 HB 2206 26 | |
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, | |
1147 | 2161 | K.S.A. 82a-1315c, and amendments thereto, of the Kansas water office; | |
1148 | 2162 | insurance department service regulation fund, K.S.A. 40-112, and | |
1149 | 2163 | 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 | - | ||
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 | |
1152 | 2166 | amendments thereto; and any other fund in which fees are deposited for | |
1153 | 2167 | licensing, regulating or certifying a person, profession, commodity or | |
1154 | 2168 | 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 | |
2184 | + | 1 | |
2185 | + | 2 | |
2186 | + | 3 | |
2187 | + | 4 | |
2188 | + | 5 | |
2189 | + | 6 | |
2190 | + | 7 | |
2191 | + | 8 | |
2192 | + | 9 | |
2193 | + | 10 | |
2194 | + | 11 | |
2195 | + | 12 | |
2196 | + | 13 | |
2197 | + | 14 | |
2198 | + | 15 | |
2199 | + | 16 | |
2200 | + | 17 | |
2201 | + | 18 | |
2202 | + | 19 | |
2203 | + | 20 | |
2204 | + | 21 | |
2205 | + | 22 | |
2206 | + | 23 | |
2207 | + | 24 | |
2208 | + | 25 | |
2209 | + | 26 | |
2210 | + | 27 | |
2211 | + | 28 | |
2212 | + | 29 | |
2213 | + | 30 | |
2214 | + | 31 | |
2215 | + | 32 | |
2216 | + | 33 | |
2217 | + | 34 | |
2218 | + | 35 | |
2219 | + | 36 | |
2220 | + | 37 | |
2221 | + | 38 | |
2222 | + | 39 | |
2223 | + | 40 | |
2224 | + | 41 | |
2225 | + | 42 | |
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. | |
1184 | 2240 | (f) Beginning on January 8, 2018, the director of the budget shall | |
1185 | 2241 | 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 | - | ||
1188 | - | ||
1189 | - | ||
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. | |
1190 | 2246 | (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 | - | ||
1193 | - | ||
1194 | - | Sec. | |
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- | |
1195 | 2251 | 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 | - | ||
1198 | - | ||
1199 | - | ||
1200 | - | ||
1201 | - | ||
1202 | - | ||
1203 | - | ||
1204 | - | ||
1205 | - | ||
1206 | - | (1) A full explanation of the agency's request for any | |
1207 | - | ||
1208 | - | ||
1209 | - | ||
1210 | - | ||
1211 | - | ||
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; | |
1212 | 2268 | (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: | |
1250 | 2347 | (1) Financial support for children and families with children or | |
1251 | 2348 | enforcement of the obligation to support a child or a family with one or | |
1252 | 2349 | more children; | |
1253 | 2350 | (2) prenatal care, health care for children or immunizations for | |
1254 | 2351 | children; | |
1255 | 2352 | (3) mental health or retardation services for children; | |
1256 | 2353 | (4) nutrition for children or families with children or nutritional | |
1257 | 2354 | counseling or supplements for pregnant or nursing women; | |
1258 | 2355 | (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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2398 | + | 43 HB 2206 29 | |
2399 | + | (6) licensure or regulation of child care or early childhood education | |
2400 | + | programs; | |
1261 | 2401 | (7) treatment, counseling or other services to preserve families; | |
1262 | 2402 | (8) care, treatment, placement or adoption of children without | |
1263 | 2403 | functioning families; | |
1264 | - | (9) services to prevent child abuse and to treat and protect child | |
1265 | - | ||
2404 | + | (9) services to prevent child abuse and to treat and protect child abuse | |
2405 | + | victims; | |
1266 | 2406 | (10) services for children who are pregnant, substance abusers or | |
1267 | 2407 | otherwise involved in high risk behavior; | |
1268 | 2408 | (11) services related to court proceedings involving children; and | |
1269 | 2409 | (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 | |
1286 | 2425 | substantial interests of the individual making the statement. | |
1287 | - | (b) Statements of substantial interests shall be filed by the | |
1288 | - | ||
2426 | + | (b) Statements of substantial interests shall be filed by the following | |
2427 | + | individuals at the times specified: | |
1289 | 2428 | (1) By a candidate for local office who becomes a candidate on or | |
1290 | 2429 | 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 | |
1296 | 2431 | 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. | |
1297 | 2435 | (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 | - | ||
2436 | + | fill a vacancy in an elective office of a governmental subdivision, between | |
2437 | + | April 15 and April 30, inclusive, of that year. | |
1300 | 2438 | (4) By an individual appointed after April 30 of any year to fill a | |
1301 | 2439 | vacancy in an elective office of a governmental subdivision, within 15 | |
1302 | 2440 | days after the appointment. | |
1303 | 2441 | (5) By any individual holding an elective office of a governmental | |
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1304 | 2485 | subdivision, between April 15 and April 30, inclusive, of any year if, | |
1305 | - | during the preceding calendar year, any change occurred in the | |
1306 | - | ||
1307 | - | (c) The statement of substantial interests required to be filed | |
1308 | - | ||
1309 | - | ||
1310 | - | ||
1311 | - | (d) The governmental ethics Kansas public | |
1312 | - | shall adopt rules and regulations prescribing the form and the manner | |
1313 | - | ||
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 | |
1314 | 2495 | commission shall provide samples of the form of the statement to each | |
1315 | 2496 | county election officer. | |
1316 | 2497 | (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. | |
1340 | 2519 | (b) The governmental ethics Kansas public disclosure commission | |
1341 | - | shall administer K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75- | |
1342 | - | ||
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 | |
1343 | 2522 | regulations therefor. | |
1344 | - | Sec. | |
2523 | + | Sec. 27. K.S.A. 2024 Supp. 77-440 is hereby amended to read as | |
1345 | 2524 | follows: 77-440. (a) All rules and regulations adopted by state agencies | |
1346 | 2525 | under the provisions of K.S.A. 77-415 et seq., and amendments thereto, | |
1347 | 2526 | 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. | |
1357 | 2579 | (2) Each state agency that has adopted rules and regulations shall | |
1358 | 2580 | submit a report as required under paragraph (1) in the years that | |
1359 | 2581 | correspond to such state agency as follows: | |
1360 | 2582 | (A) For 2023 and every fifth year thereafter, the following state | |
1361 | 2583 | agencies: | |
1362 | 2584 | (i) Department of administration; | |
1363 | 2585 | (ii) municipal accounting board; | |
1364 | 2586 | (iii) state treasurer; | |
1365 | 2587 | (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; | |
1368 | 2589 | (vi) state election board; | |
1369 | 2590 | (vii) secretary of state; | |
1370 | 2591 | (viii) livestock brand commissioner; | |
1371 | 2592 | (ix) Kansas department of agriculture—division of animal health; | |
1372 | 2593 | (x) Kansas bureau of investigation; | |
1373 | 2594 | (xi) Kansas department of agriculture—division of conservation; | |
1374 | 2595 | (xii) agricultural labor relations board; | |
1375 | 2596 | (xiii) alcoholic beverage control board of review; | |
1376 | - | (xiv) Kansas department of revenue—division of alcoholic | |
1377 | - | ||
2597 | + | (xiv) Kansas department of revenue—division of alcoholic beverage | |
2598 | + | control; | |
1378 | 2599 | (xv) athletic commission; | |
1379 | 2600 | (xvi) attorney general; | |
1380 | 2601 | (xvii) office of the state bank commissioner; | |
1381 | 2602 | (xviii) employee award board; | |
1382 | 2603 | (xix) governmental ethicsKansas public disclosure commission; | |
1383 | 2604 | (xx) crime victims compensation board; | |
1384 | 2605 | (xxi) Kansas human rights commission; | |
1385 | 2606 | (xxii) state fire marshal; and | |
1386 | 2607 | (xxiii) Kansas department of wildlife and parks; | |
1387 | 2608 | (B) for 2024 and every fifth year thereafter, the following state | |
1388 | 2609 | agencies: | |
1389 | 2610 | (i) Kansas wheat commission; | |
1390 | 2611 | (ii) Kansas state grain inspection department; | |
1391 | 2612 | (iii) Kansas department for aging and disability services; | |
1392 | 2613 | (iv) Kansas energy office; | |
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1393 | 2657 | (v) department of health and environment; | |
1394 | 2658 | (vi) Kansas department for children and families; | |
1395 | 2659 | (vii) park and resources authority; | |
1396 | 2660 | (viii) state salvage board; | |
1397 | 2661 | (ix) Kansas department of transportation; | |
1398 | 2662 | (x) Kansas highway patrol; | |
1399 | 2663 | (xi) savings and loan department; | |
1400 | 2664 | (xii) Kansas turnpike authority; | |
1401 | 2665 | (xiii) insurance department; | |
1402 | 2666 | (xiv) food service and lodging board; | |
1403 | 2667 | (xv) commission on alcoholism; | |
1404 | 2668 | (xvi) corrections ombudsman board; | |
1405 | 2669 | (xvii) department of corrections; | |
1406 | 2670 | (xviii) Kansas prisoner review board; | |
1407 | 2671 | (xix) executive council; | |
1408 | 2672 | (xx) mined-land conservation and reclamation (KDHE); | |
1409 | 2673 | (xxi) department of labor—employment security board of review; | |
1410 | 2674 | (xxii) department of labor; | |
1411 | 2675 | (xxiii) department of labor—division of employment; and | |
1412 | - | (xxiv) department of labor—division of workers compensation; | |
2676 | + | (xxiv) department of labor—division of workers compensation; | |
1413 | 2677 | (C) for 2025 and every fifth year thereafter, the following state | |
1414 | 2678 | agencies: | |
1415 | 2679 | (i) State records board; | |
1416 | 2680 | (ii) state library; | |
1417 | 2681 | (iii) board for the registration and examination of landscape | |
1418 | 2682 | architects; | |
1419 | 2683 | (iv) adjutant general's department; | |
1420 | 2684 | (v) state board of nursing; | |
1421 | 2685 | (vi) Kansas board of barbering; | |
1422 | 2686 | (vii) state board of mortuary arts; | |
1423 | 2687 | (viii) board of engineering examiners; | |
1424 | 2688 | (ix) board of examiners in optometry; | |
1425 | 2689 | (x) state board of technical professions; | |
1426 | - | (xi) Kansas board of examiners in fitting and dispensing of | |
1427 | - | ||
2690 | + | (xi) Kansas board of examiners in fitting and dispensing of hearing | |
2691 | + | instruments; | |
1428 | 2692 | (xii) state board of pharmacy; | |
1429 | 2693 | (xiii) Kansas state board of cosmetology; | |
1430 | 2694 | (xiv) state board of veterinary examiners; | |
1431 | 2695 | (xv) Kansas dental board; | |
1432 | 2696 | (xvi) board of examiners of psychologists; | |
1433 | 2697 | (xvii) registration and examining board for architects; | |
1434 | 2698 | (xviii) board of accountancy; | |
1435 | 2699 | (xix) state bank commissioner—consumer and mortgage lending | |
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2739 | + | 40 | |
2740 | + | 41 | |
2741 | + | 42 | |
2742 | + | 43 HB 2206 33 | |
1436 | 2743 | division; | |
1437 | 2744 | (xx) board of basic science examiners; | |
1438 | 2745 | (xxi) Kansas public employees retirement system; | |
1439 | 2746 | (xxii) office of the securities commissioner; and | |
1440 | 2747 | (xxiii) Kansas corporation commission; | |
1441 | 2748 | (D) for 2026 and every fifth year thereafter, the following state | |
1442 | 2749 | agencies: | |
1443 | 2750 | (i) Public employee relations board; | |
1444 | 2751 | (ii) abstracters' board of examiners; | |
1445 | 2752 | (iii) Kansas real estate commission; | |
1446 | 2753 | (iv) education commission; | |
1447 | 2754 | (v) state board of regents; | |
1448 | 2755 | (vi) school budget review board; | |
1449 | 2756 | (vii) school retirement board; | |
1450 | 2757 | (viii) state department of education; | |
1451 | 2758 | (ix) Kansas department of revenue; | |
1452 | 2759 | (x) Kansas department of revenue—division of property valuation; | |
1453 | 2760 | (xi) state board of tax appeals; | |
1454 | 2761 | (xii) crop improvement association; | |
1455 | 2762 | (xiii) Kansas office of veterans services; | |
1456 | 2763 | (xiv) Kansas water office; | |
1457 | 2764 | (xv) Kansas department of agriculture—division of weights and | |
1458 | 2765 | measures; | |
1459 | 2766 | (xvi) state board of healing arts; | |
1460 | 2767 | (xvii) podiatry board; | |
1461 | 2768 | (xviii) behavioral sciences regulatory board; | |
1462 | - | (xix) state bank commissioner and savings and loan commissioner | |
1463 | - | ||
2769 | + | (xix) state bank commissioner and savings and loan commissioner— | |
2770 | + | joint regulations; | |
1464 | 2771 | (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; | |
1467 | 2773 | (xxi) state board of indigents' defense services; | |
1468 | - | (xxii) Kansas commission on peace officers' standards and | |
1469 | - | ||
2774 | + | (xxii) Kansas commission on peace officers' standards and training; | |
2775 | + | and | |
1470 | 2776 | (xxiii) law enforcement training center; and | |
1471 | 2777 | (E) for 2027 and every fifth year thereafter, the following state | |
1472 | 2778 | agencies: | |
1473 | 2779 | (i) Kansas state employees health care commission; | |
1474 | 2780 | (ii) emergency medical services board; | |
1475 | 2781 | (iii) department of commerce; | |
1476 | - | (iv) Kansas lottery; | |
2782 | + | (iv) Kansas lottery; | |
1477 | 2783 | (v) Kansas racing and gaming commission; | |
1478 | 2784 | (vi) Kansas department of wildlife and parks; | |
1479 | 2785 | (vii) Kansas state fair board; | |
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2825 | + | 40 | |
2826 | + | 41 | |
2827 | + | 42 | |
2828 | + | 43 HB 2206 34 | |
1480 | 2829 | (viii) real estate appraisal board; | |
1481 | 2830 | (ix) state historical society; | |
1482 | 2831 | (x) health care data governing board; | |
1483 | 2832 | (xi) state department of credit unions; | |
1484 | 2833 | (xii) pooled money investment board; | |
1485 | 2834 | (xiii) department of corrections—division of juvenile services; | |
1486 | 2835 | (xiv) state child death review board; | |
1487 | 2836 | (xv) Kansas agricultural remediation board; | |
1488 | 2837 | (xvi) unmarked burial sites preservation board; | |
1489 | 2838 | (xvii) Kansas housing resources corporation; | |
1490 | 2839 | (xviii) department of commerce—Kansas athletic commission; | |
1491 | - | (xix) department of health and environment—division of health | |
1492 | - | ||
2840 | + | (xix) department of health and environment—division of health care | |
2841 | + | finance; | |
1493 | 2842 | (xx) home inspectors registration board; | |
1494 | 2843 | (xxi) committee on surety bonds and insurance; | |
1495 | 2844 | (xxii) 911 coordinating council; and | |
1496 | 2845 | (xxiii) office of administrative hearings. | |
1497 | 2846 | (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 | |
1517 | 2864 | 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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