Kansas 2025-2026 Regular Session

Kansas Senate Bill SB279 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 279
3	3	By Committee on Federal and State Affairs
4	4	2-26
5	5	AN ACT concerning governmental ethics; relating to the campaign finance
6	6	act and the state governmental ethics law; establishing the enforcement
7	7	authority of the governmental ethics commission; limiting when
8	8	advisory opinions may be issued; establishing expiration dates for
9	9	commission subpoenas; modifying campaign finance reporting
10	10	requirements; limiting when attributions are required in internet
11	11	communications; eliminating the bar on elected office candidacy for
12	12	failure to pay fines imposed by the commission; amending K.S.A. 25-
13	13	4119a, 25-4119d, 25-4142, 25-4148, 25-4156, 46-214a and 46-254 and
14	14	K.S.A. 2024 Supp. 25-4143, 25-4158 and 25-4181 and repealing the
15	15	existing sections; also repealing K.S.A. 25-4119g, 25-4148a and 25-
16	16	4153b.
17	17	Be it enacted by the Legislature of the State of Kansas:
18	18	New Section 1. (a) If there is more than one reasonable interpretation
19	19	of any provision of the campaign finance act, such provision shall be
20	20	construed and applied to maximize the exercise of the right of freedom of
21	21	speech and of the press, the right to assemble and the right to petition the
22	22	government as guaranteed by the constitution of the United States and the
23	23	constitution of the state of Kansas.
24	24	(b) The governmental ethics commission shall have no authority to
25	25	make law or interpret the provisions of the campaign finance act through
26	26	adjudicative decisions of the commission. Any rule of law that is not stated
27	27	in the campaign finance act may be established by the commission by the
28	28	adoption of rules and regulations in accordance with K.S.A. 25-4119a, and
29	29	amendments thereto. No report, order or advisory opinion issued by the
30	30	commission on or after July 1, 2024, shall be considered precedential in
31	31	the interpretation of any provision of the campaign finance act, except for
32	32	the purposes of:
33	33	(1) Establishing a presumption of compliance for a person who
34	34	requests an advisory opinion pursuant to K.S.A. 25-4119a, and
35	35	amendments thereto, or any other applicable statute; or
36	36	(2) ensuring consistency in imposing civil fines or other penalties for
37	37	the same or similar violations.
38	38	(c) This section shall be a part of and supplemental to the campaign
39	39	finance act.
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76	76	New Sec. 2. (a) If there is more than one reasonable interpretation of
77	77	any provision of the state governmental ethics law, such provision shall be
78	78	construed and applied to maximize the exercise of the right of freedom of
79	79	speech and of the press, the right to assemble and the right to petition the
80	80	government as guaranteed by the constitution of the United States and the
81	81	constitution of the state of Kansas.
82	82	(b) The governmental ethics commission shall have no authority to
83	83	make law or interpret the provisions of the state governmental ethics law
84	84	through adjudicative decisions of the commission. Any rule of law that is
85	85	not stated in the state governmental ethics law may be established by the
86	86	commission by the adoption of rules and regulations in accordance with
87	87	K.S.A. 46-253, and amendments thereto. No report, order or advisory
88	88	opinion issued by the commission on or after July 1, 2024, shall be
89	89	considered precedential in the interpretation of any provision of the state
90	90	governmental ethics law, except for the purposes of:
91	91	(1) Establishing a presumption of compliance for a person who
92	92	requests an advisory opinion pursuant to K.S.A. 46-254, and amendments
93	93	thereto, or any other applicable statute; or
94	94	(2) ensuring consistency in imposing civil fines or other penalties for
95	95	the same or similar violations.
96	96	(c) This section shall be a part of and supplemental to the state
97	97	governmental ethics law.
98	98	Sec. 3. K.S.A. 25-4119a is hereby amended to read as follows: 25-
99	99	4119a. (a) There is hereby created the Kansas governmental ethics
100	100	commission on governmental standards and conduct.
101	101	(b) On July 1, 1998, the Kansas commission on governmental
102	102	standards and conduct is hereby redesignated as the governmental ethics
103	103	commission. On and after July 1, 1998, whenever the Kansas commission
104	104	on governmental standards and conduct, or words of like effect, is referred
105	105	to or designated by a statute, contract or other document, such reference or
106	106	designation shall be deemed to apply to the governmental ethics
107	107	commission. Nothing in this act shall be construed as abolishing and
108	108	reestablishing the Kansas commission on governmental standards and
109	109	conduct. The commission shall consist of nine members of whom two
110	110	shall be appointed by the governor, one by the president of the senate, one
111	111	by the speaker of the house of representatives, one by the minority leader
112	112	of the house of representatives, one by the minority leader of the senate,
113	113	one by the chief justice of the supreme court, one by the attorney general
114	114	and one by the secretary of state. Nothing in this act shall be construed as
115	115	affecting the terms of members serving on July 1, 1998. Not more than
116	116	five members of the commission shall be members of the same political
117	117	party and the two members appointed by the governor shall not be
118	118	members of the same political party.
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162	162	(c) The terms of all subsequently appointed members shall be two
163	163	years commencing on February 1 of the appropriate years. Vacancies
164	164	occurring on the commission shall be filled for the unexpired term by the
165	165	same appointing officer as made the original appointment. Members shall
166	166	serve until their successors are appointed and qualified. The governor shall
167	167	designate one of the members appointed by the governor to be the
168	168	chairperson of the commission. A majority vote of five members of the
169	169	commission shall be required for any action of the commission. The
170	170	commission may adopt rules to govern its proceedings and may provide
171	171	for such officers other than the chairperson as it may determine. The
172	172	commission shall meet at least once each quarter, and also shall meet on
173	173	call of its chairperson or any four members of the commission. Members
174	174	of the commission attending meetings of such commission, or attending a
175	175	subcommittee meeting thereof authorized by such commission, shall be
176	176	paid compensation, subsistence allowances, mileage and other expenses as
177	177	provided in subsections (a) to (d), inclusive, of K.S.A. 75-3223, and
178	178	amendments thereto. The commission shall appoint an executive director
179	179	who shall be in the unclassified service and receive compensation fixed by
180	180	the commission, in accordance with appropriation acts of the legislature,
181	181	subject to approval by the governor. The commission may employ such
182	182	other staff and attorneys as it determines, within amounts appropriated to
183	183	the commission, all of whom shall be in the unclassified service and shall
184	184	receive compensation fixed by the commission and not subject to approval
185	185	by the governor.
186	186	(d) The commission may adopt rules and regulations for the
187	187	administration of the campaign finance act. Subject to K.S.A. 25-4178,
188	188	and amendments thereto, rules and regulations adopted by the commission
189	189	created prior to this act shall continue in force and effect and shall be
190	190	deemed to be the rules and regulations of the commission created by this
191	191	section of this enactment, until revised, amended, repealed or nullified
192	192	pursuant to law. All rules and regulations of the commission shall be
193	193	subject to the provisions of article 4 of chapter 77 of Kansas Statutes
194	194	Annotated. The commission shall continue to administer all of the acts
195	195	administered by the commission to which it is successor.
196	196	(e) The commission shall issue an advisory opinion upon the request
197	197	of any person to which this act applies on questions concerning the
198	198	interpretation of provisions of the campaign finance act. Such advisory
199	199	opinions shall be issued in writing and only upon the receipt of such
200	200	request. Any person who acts in accordance with the provisions of any
201	201	such advisory opinion shall be presumed to have complied with the
202	202	provisions of the campaign finance act.
203	203	(f) The commission may provide copies of opinions, informational
204	204	materials compiled and published by the commission and public records
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248	248	filed in the office of the commission to persons requesting the same and
249	249	may adopt rules and regulations fixing reasonable fees therefor. All fees
250	250	collected by the commission under the provisions of this subsection shall
251	251	be remitted to the state treasurer in accordance with the provisions of
252	252	K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
253	253	remittance, the state treasurer shall deposit the entire amount in the state
254	254	treasury to the credit of the governmental ethics commission fee fund.
255	255	(f)(g) The commission shall submit an annual report and
256	256	recommendations in relation to all acts administered by the commission to
257	257	the governor and to the legislative coordinating council on or before
258	258	December 1 of each year. The legislative coordinating council shall
259	259	transmit such report and recommendations to the legislature.
260	260	(g) Whenever the Kansas commission on governmental standards and
261	261	conduct, or words of like effect, is referred to or designated by a statute,
262	262	contract or other document, such reference or designation shall be deemed
263	263	to apply to the governmental ethics commission.
264	264	Sec. 4. K.S.A. 25-4119d is hereby amended to read as follows: 25-
265	265	4119d. (a) From and after the effective date of this act, no person shall be
266	266	appointed to membership on the commission who has held the office of
267	267	chairperson, vice chairperson or treasurer of any county, district or state
268	268	political party committee, or who within five years preceding the date of
269	269	such appointment has been a candidate for or the holder of any partisan
270	270	political office or who has within three years preceding the date of such
271	271	appointment: (1) Held an elective state office; (2) held the office of
272	272	secretary of any department of state government; (3) been a lobbyist as
273	273	defined by K.S.A. 46-222, and amendments thereto; (4) been an officer or
274	274	employee who directly participated in the making of a contract on behalf
275	275	of a vendor of goods and services with the state of Kansas or any agency
276	276	thereof; or (5) provided services under contract to the state of Kansas or
277	277	any agency thereof.
278	278	(b) While serving on the commission created by K.S.A. 25-4119a,
279	279	and amendments thereto, no member shall:
280	280	(1) Be an individual subject to the provisions of the campaign finance
281	281	law or the provisions of K.S.A. 46-215 et seq., and amendments thereto,
282	282	administered or enforced by the commission;
283	283	(2) Serve as a chairperson or treasurer for any candidate or committee
284	284	subject to the provisions of the campaign finance act;
285	285	(3)(2) actively solicit contributions subject to the provisions of the
286	286	campaign finance act;
287	287	(4)(3) be a lobbyist as defined by K.S.A. 46-222, and amendments
288	288	thereto;
289	289	(5)(4) be an officer or employee who directly participated in the
290	290	making of a contract on behalf of a vendor of goods and services with the
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334	334	state of Kansas or any agency thereof;
335	335	(6)(5) provide services under contract to the state of Kansas or any
336	336	agency thereof;
337	337	(7)(6) be a candidate for or the holder of any partisan political office;
338	338	(8)(7) be the chairperson, vice chairperson or treasurer of any county,
339	339	district or state political party committee;
340	340	(9)(8) directly or indirectly solicit contributions for any partisan
341	341	political party or any organization thereof or any candidate for partisan
342	342	political office; or
343	343	(10)(9) endorse any candidate for any partisan political office subject
344	344	to the provisions of this act.
345	345	(c)(b) Whenever any member of the commission is ineligible to serve
346	346	as a member thereof under the provisions of subsections subsection (a) and
347	347	(b) of this section, the membership of such person shall terminate and such
348	348	person shall no longer be eligible to participate in any action or proceeding
349	349	by the commission. Such vacancy shall be filled in the manner prescribed
350	350	by K.S.A. 25-4119a, and amendments thereto.
351	351	(c) For purposes of this section:
352	352	(1) "Partisan political office" means any office for which any
353	353	candidate is nominated or elected as representing a party of whose
354	354	candidates for presidential elector received votes in the last preceding
355	355	election at which presidential electors were selected.
356	356	(2) "Partisan political office" does not include any office or position
357	357	within a political party or affiliated organization, including, but not
358	358	limited to, precinct, county, congressional district or state party committee
359	359	members.
360	360	Sec. 5. K.S.A. 25-4142 is hereby amended to read as follows: 25-
361	361	4142. K.S.A. 25-4119e, 25-4119f, 25-4119g, 25-4142 through 25-4187
362	362	and K.S.A. 25-4153b 25-4119a through 25-4189, and amendments
363	363	thereto, and section 1, and amendments thereto, shall be known and may
364	364	be cited as the campaign finance act.
365	365	Sec. 6. K.S.A. 2024 Supp. 25-4143 is hereby amended to read as
366	366	follows: 25-4143. As used in the campaign finance act, unless the context
367	367	otherwise requires:
368	368	(a) "Agent" means an individual who is:
369	369	(1) A candidate;
370	370	(2) a chairperson of a candidate, political or party committee;
371	371	(3) a treasurer; or
372	372	(4) any director, officer, employee, paid consultant or other person
373	373	who is authorized to act on behalf of persons listed in this subsection.
374	374	(b) "Candidate" means an individual who:
375	375	(1) Appoints a treasurer or a candidate committee;
376	376	(2) makes a public announcement of intention to seek nomination or
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420	420	election to state or local office;
421	421	(3) makes any expenditure or accepts any contribution for such
422	422	person's nomination or election to any state or local office; or
423	423	(4) files a declaration or petition to become a candidate for state or
424	424	local office.
425	425	(c) "Candidate committee" means a committee appointed by a
426	426	candidate to receive contributions and make expenditures for the
427	427	candidate.
428	428	(d) "Clearly identified candidate" means a candidate who has been
429	429	identified by the:
430	430	(1) Use of the name of the candidate;
431	431	(2) use of a photograph or drawing of the candidate; or
432	432	(3) unambiguous reference to the candidate whether or not the name,
433	433	photograph or drawing of such candidate is used.
434	434	(e) "Commission" means the governmental ethics commission.
435	435	(f) (1) "Contribution" means:
436	436	(A) Any advance, conveyance, deposit, distribution, gift, loan or
437	437	payment of money or any other thing of value given to a candidate,
438	438	candidate committee, party committee or political committee for the
439	439	express purpose of nominating, electing or defeating a clearly identified
440	440	candidate for a state or local office;
441	441	(B) any advance, conveyance, deposit, distribution, gift, loan or
442	442	payment of money or any other thing of value made to expressly advocate
443	443	the nomination, election or defeat of a clearly identified candidate for a
444	444	state or local office;
445	445	(C) a transfer of funds between any two or more candidate
446	446	committees, party committees or political committees;
447	447	(D) the payment, by any person other than a candidate, candidate
448	448	committee, party committee or political committee, of compensation to an
449	449	individual for the personal services rendered without charge to or for a
450	450	candidate's campaign or to or for any such committee;
451	451	(E) the purchase of tickets or admissions to, or advertisements in
452	452	journals or programs for, testimonial events; or
453	453	(F) a mailing of materials designed to expressly advocate the
454	454	nomination, election or defeat of a clearly identified candidate, which is
455	455	made and paid for by a party committee with the consent of such
456	456	candidate.
457	457	(2) "Contribution" does not include:
458	458	(A) The value of volunteer services provided without compensation;
459	459	(B) costs to a volunteer related to the rendering of volunteer services
460	460	not exceeding a fair market value of $50 during an allocable election
461	461	period as provided in K.S.A. 25-4149, and amendments thereto;
462	462	(C) payment by a candidate or candidate's spouse for personal meals,
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506	506	lodging and travel by personal automobile of the candidate or candidate's
507	507	spouse while campaigning; or
508	508	(D) the value of goods donated to events such as testimonial events,
509	509	bake sales, garage sales and auctions by any person not exceeding a fair
510	510	market value of $50 per event.
511	511	(g) "Election" means:
512	512	(1) A primary or general election for state or local office; and
513	513	(2) a convention or caucus of a political party held to nominate a
514	514	candidate for state or local office.
515	515	(h) (1) "Expenditure" means:
516	516	(A) Any purchase, payment, distribution, loan, advance, deposit or
517	517	gift of money or any other thing of value made by a candidate, candidate
518	518	committee, party committee or political committee for the express purpose
519	519	of nominating, electing or defeating a clearly identified candidate for a
520	520	state or local office;
521	521	(B) any purchase, payment, distribution, loan, advance, deposit or gift
522	522	of money or any other thing of value made to expressly advocate the
523	523	nomination, election or defeat of a clearly identified candidate for a state
524	524	or local office;
525	525	(C) any contract to make an expenditure;
526	526	(D) a transfer of funds between any two or more candidate
527	527	committees, party committees or political committees; or
528	528	(E) payment of a candidate's filing fees.
529	529	(2) "Expenditure" does not include:
530	530	(A) The value of volunteer services provided without compensation;
531	531	(B) costs to a volunteer incidental to the rendering of volunteer
532	532	services not exceeding a fair market value of $50 during an allocable
533	533	election period as provided in K.S.A. 25-4149, and amendments thereto;
534	534	(C) payment by a candidate or candidate's spouse for personal meals,
535	535	lodging and travel by personal automobile of the candidate or candidate's
536	536	spouse while campaigning or payment of such costs by the treasurer of a
537	537	candidate or candidate committee;
538	538	(D) the value of goods donated to events such as testimonial events,
539	539	bake sales, garage sales and auctions by any person not exceeding fair
540	540	market value of $50 per event; or
541	541	(E) any communication by an incumbent elected state or local officer
542	542	with one or more individuals unless the primary purpose thereof is to
543	543	expressly advocate the nomination, election or defeat of a clearly
544	544	identified candidate;
545	545	(F) any news story, commentary or editorial distributed through the
546	546	facilities of any broadcasting station, newspaper, magazine or other
547	547	periodical publication, unless such facilities are owned or controlled by
548	548	any political party, political committee or candidate; or
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592	592	(G) any internet communications, except for moneys paid for express
593	593	advocacy communications placed or promoted for a fee on another
594	594	person's website, digital device, application or advertising platform. A
595	595	communication is promoted for a fee when moneys are paid to a website,
596	596	digital device, application or advertising platform for increased
597	597	circulation, prominence or availability of such communication on such
598	598	website, digital device, application or advertising platform.
599	599	(i) "Expressly advocate the nomination, election or defeat of a clearly
600	600	identified candidate" means any communication that uses phrases
601	601	including, but not limited to:
602	602	(1) "Vote for the secretary of state";
603	603	(2) "re-elect your senator";
604	604	(3) "support the democratic nominee";
605	605	(4) "cast your ballot for the republican challenger for governor";
606	606	(5) "Smith for senate";
607	607	(6) "Bob Jones in '98";
608	608	(7) "vote against Old Hickory";
609	609	(8) "defeat" accompanied by a picture of one or more candidates; or
610	610	(9) "Smith's the one."
611	611	(j) "Party committee" means:
612	612	(1) The state committee of a political party regulated by article 3 of
613	613	chapter 25 of the Kansas Statutes Annotated, and amendments thereto;
614	614	(2) the county central committee or the state committee of a political
615	615	party regulated under article 38 of chapter 25 of the Kansas Statutes
616	616	Annotated, and amendments thereto;
617	617	(3) the bona fide national organization or committee of those political
618	618	parties regulated by the Kansas Statutes Annotated;
619	619	(4) the political committee established by the state committee of any
620	620	such political party and designated as a recognized political committee for
621	621	the senate;
622	622	(5) the political committee established by the state committee of any
623	623	such political party and designated as a recognized political committee for
624	624	the house of representatives; or
625	625	(6) the political committee per congressional district established by
626	626	the state committee of a political party regulated under article 38 of
627	627	chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and
628	628	designated as a congressional district party committee.
629	629	(k) "Person" means any individual, committee, corporation,
630	630	partnership, trust, organization or association.
631	631	(l) (1) "Political committee" means any combination of two or more
632	632	individuals or any person other than an individual, a major purpose of
633	633	which is to expressly advocate the nomination, election or defeat of a
634	634	clearly identified candidate for state or local office or make contributions
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678	678	to or expenditures for the nomination, election or defeat of a clearly
679	679	identified candidate for state or local office.
680	680	(2) "Political committee" shall not include a candidate committee or a
681	681	party committee.
682	682	(m) "Receipt" means a contribution or any other money or thing of
683	683	value, but not including volunteer services provided without
684	684	compensation, received by a treasurer in the treasurer's official capacity.
685	685	(n) "State office" means any state office as defined in K.S.A. 25-
686	686	2505, and amendments thereto.
687	687	(o) "Testimonial event" means an event held for the benefit of an
688	688	individual who is a candidate to raise contributions for such candidate's
689	689	campaign. "Testimonial events" includes, but are not limited to, dinners,
690	690	luncheons, rallies, barbecues and picnics.
691	691	(p) "Treasurer" means a treasurer of a candidate or of a candidate
692	692	committee, a party committee or a political committee appointed under the
693	693	campaign finance act or a treasurer of a combination of individuals or a
694	694	person other than an individual which is subject to K.S.A. 25-4172(a)(2),
695	695	and amendments thereto.
696	696	(q) "Local office" means a member of the governing body of a city of
697	697	the first class, any elected office of a unified school district having 35,000
698	698	or more pupils regularly enrolled in the preceding school year, a county or
699	699	of the board of public utilities.
700	700	Sec. 7. K.S.A. 25-4148 is hereby amended to read as follows: 25-
701	701	4148. (a) Every treasurer shall file a report prescribed by this section.
702	702	Reports filed by treasurers for candidates for state office, other than
703	703	officers elected on a state-wide basis, shall be filed in both with the office
704	704	of the secretary of state. Reports filed by treasurers for candidates for
705	705	state-wide office shall be filed electronically and only with the secretary of
706	706	state. Reports filed by treasurers for candidates for local office shall be
707	707	filed in the office of the county election officer of the county in which the
708	708	name of the candidate is on the ballot. Except as otherwise provided by
709	709	subsection (h), all such reports shall be filed in time to be received in the
710	710	offices required on or before each of the following days:
711	711	(1) The eighth day preceding the primary election, which report shall
712	712	be for the period beginning on January 1 of the election year for the office
713	713	the candidate is seeking and ending 12 days before the primary election,
714	714	inclusive;
715	715	(2) the eighth day preceding a general election, which report shall be
716	716	for the period beginning 11 days before the primary election and ending 12
717	717	days before the general election, inclusive;
718	718	(3) January 10 of the year after an election year, which report shall be
719	719	for the period beginning 11 days before the general election and ending on
720	720	December 31, inclusive;
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764	764	(4) for any calendar year when no election is held, a report shall be
765	765	filed on the next January 10 for the preceding calendar year;
766	766	(5) a treasurer shall file only the annual report required by subsection
767	767	(4) for those years when the candidate is not participating in a primary or
768	768	general election.
769	769	(b) Each report required by this section shall state:
770	770	(1) Cash on hand on the first day of the reporting period;
771	771	(2) the name and address of each person who has made one or more
772	772	contributions in an aggregate amount or value in excess of $50 $150
773	773	during the election period together with the amount and date of such
774	774	contributions, including the name and address of every lender, guarantor
775	775	and endorser when a contribution is in the form of an advance or loan;
776	776	(3) the aggregate amount of all proceeds from bona fide sales of
777	777	political materials such as, but not limited to, political campaign pins,
778	778	buttons, badges, flags, emblems, hats, banners and literature;
779	779	(4) the aggregate amount of contributions for which the name and
780	780	address of the contributor is not known;
781	781	(5) each contribution, rebate, refund or other receipt not otherwise
782	782	listed;
783	783	(6) the total of all receipts;
784	784	(7) the name and address of each person to whom expenditures have
785	785	been made in an aggregate amount or value in excess of $50 $150, with
786	786	the amount, date, and purpose of each; the names and addresses of all
787	787	persons to whom any loan or advance has been made; when an
788	788	expenditure is made by payment to an advertising agency, public relations
789	789	firm or political consultants for disbursement to vendors, the report of such
790	790	expenditure shall show in detail the name of each such vendor and the
791	791	amount, date and purpose of the payments to each;
792	792	(8) the name and address of each person from whom an in-kind
793	793	contribution was received or who has paid for personal services provided
794	794	without charge to or for any candidate, candidate committee, party
795	795	committee or political committee, if the contribution is in excess of $100
796	796	and is not otherwise reported under subsection (b)(7), and the amount, date
797	797	and purpose of the contribution;
798	798	(9) the aggregate of all expenditures not otherwise reported under this
799	799	section; and
800	800	(10) the total of expenditures.
801	801	(c) In addition to the requirements of subsection (b), every treasurer
802	802	for any political committee and party committee shall report the following:
803	803	(1) (A) The name and address of each candidate for state or local
804	804	office for whom an expenditure in the form of an in-kind contribution has
805	805	been made in an aggregate amount or having a fair market value in excess
806	806	of $300, with the amount, date and purpose of each. The report shall show
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850	850	in detail the specific service or product provided; and
851	851	(B) the name and address of each candidate for state or local office
852	852	who is the subject of an expenditure which:
853	853	(i) Is made without the cooperation or consent of a candidate or
854	854	candidate committee;
855	855	(ii) expressly advocates the nomination, election or defeat of such
856	856	candidate; and
857	857	(iii) is an aggregate amount or having a fair market value in excess of
858	858	$300.
859	859	(2) The report shall state the amount, date and purpose of the
860	860	expenditure in the form of an in-kind contribution. The report shall show
861	861	in detail the specific service or product provided. The reporting
862	862	requirements imposed by this subsection shall be in addition to all other
863	863	requirements required by this section.
864	864	(d) Treasurers of candidates and of candidate committees shall
865	865	itemize the purchase of tickets or admissions to testimonial events by a
866	866	person who purchases such tickets or admissions in an aggregate amount
867	867	or value in excess of $50 $150 per event, or who purchases such a ticket or
868	868	admission at a cost exceeding $25 per ticket or admission. All other
869	869	purchases of tickets or admissions to testimonial events shall be reported
870	870	in an aggregate amount and shall not be subject to the limitations specified
871	871	in K.S.A. 25-4154, and amendments thereto.
872	872	(e) If a contribution or other receipt from a political committee is
873	873	required to be reported under subsection (b), the report shall include the
874	874	full name of the organization with which the political committee is
875	875	connected or affiliated or, a description of the connection to or affiliation
876	876	with such organization. If, the committee is not connected or affiliated
877	877	with any one organization, the report shall state the trade, profession or
878	878	primary interest of the political committee as reflected by the statement of
879	879	purpose of such organization.
880	880	(f) The commission may require any treasurer to file an amended
881	881	report for any period for which the original report filed by such treasurer
882	882	contains material errors or omissions. The notice of the errors or omissions
883	883	shall be part of the public record. The amended report shall be filed within
884	884	30 days after notice by the commission.
885	885	(g) The commission may require any treasurer to file a report for any
886	886	period for which the required report is not on file. The notice of the failure
887	887	to file shall be part of the public record. Such report shall be filed within
888	888	five days after notice by the commission.
889	889	(h) For the purpose of any report required to be filed pursuant to
890	890	subsection (a) by the treasurer of any candidate seeking nomination by
891	891	convention or caucus or by the treasurer of the candidate's committee or by
892	892	the treasurer of any party committee or political committee, the date of the
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936	936	convention or caucus shall be considered the date of the primary election.
937	937	(i) If a report is sent by certified or registered mail on or before the
938	938	day it is due, the mailing shall constitute receipt by that office.
939	939	(j) Any report required by this section may be signed by the candidate
940	940	in lieu of the candidate's treasurer or the treasurer of the candidate's
941	941	committee.
942	942	Sec. 8. K.S.A. 25-4156 is hereby amended to read as follows: 25-
943	943	4156. (a) (1) Whenever any person sells space in any newspaper, magazine
944	944	or other periodical to a candidate or to a candidate committee, party
945	945	committee or political committee, the charge made for the use of such
946	946	space shall not exceed the charges made for comparable use of such space
947	947	for other purposes.
948	948	(2) Intentionally charging an excessive amount for political
949	949	advertising is a class A misdemeanor.
950	950	(b) (1) Except as provided in paragraph (2), corrupt political
951	951	advertising of a state or local office is:
952	952	(A) Publishing or causing to be published in a newspaper or other
953	953	periodical any paid matter that expressly advocates the nomination,
954	954	election or defeat of a clearly identified candidate for a state or local
955	955	office, unless such matter is followed by the word "advertisement" or the
956	956	abbreviation "adv." in a separate line together with the name of the
957	957	chairperson or treasurer of the political or other organization sponsoring
958	958	the same or the name of the individual who is responsible therefor;
959	959	(B) broadcasting or causing to be broadcast by any radio or television
960	960	station any paid matter that expressly advocates the nomination, election
961	961	or defeat of a clearly identified candidate for a state or local office, unless
962	962	such matter is followed by a statement that states: "Paid for" or
963	963	"Sponsored by" followed by the name of the sponsoring organization and
964	964	the name of the chairperson or treasurer of the political or other
965	965	organization sponsoring the same or the name of the individual who is
966	966	responsible therefor;
967	967	(C) telephoning or causing to be contacted by any telephonic means
968	968	including, but not limited to, any device using a voice over internet
969	969	protocol or wireless telephone, any paid matter that expressly advocates
970	970	the nomination, election or defeat of a clearly identified candidate for a
971	971	state or local office, unless such matter is preceded by a statement that
972	972	states: "Paid for" or "Sponsored by" followed by the name of the
973	973	sponsoring organization and the name of the chairperson or treasurer of the
974	974	political or other organization sponsoring the same or the name of the
975	975	individual who is responsible therefor;
976	976	(D) (i) publishing or causing to be published any brochure, flier or
977	977	other political fact sheet that expressly advocates the nomination, election
978	978	or defeat of a clearly identified candidate for a state or local office, unless
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1022	1022	such matter is followed by a statement that states: "Paid for" or
1023	1023	"Sponsored by" followed by the name of the chairperson or treasurer of the
1024	1024	political or other organization sponsoring the same or the name of the
1025	1025	individual who is responsible therefor.
1026	1026	(ii) The provisions of this subparagraph (D) requiring the disclosure
1027	1027	of the name of an individual shall not apply to individuals making
1028	1028	expenditures in an aggregate amount of less than $2,500 within a calendar
1029	1029	year; or
1030	1030	(E) (i) making or causing to be made any website, e-mail or other
1031	1031	type of internet communication that expressly advocates the nomination,
1032	1032	election or defeat of a clearly identified candidate for a state or local
1033	1033	office, unless the matter is followed by a statement that states: "Paid for"
1034	1034	or "Sponsored by" followed by the name of the chairperson or treasurer of
1035	1035	the political or other organization sponsoring the same or the name of the
1036	1036	individual who is responsible therefor.
1037	1037	(ii) The provisions of this subparagraph (E) requiring the disclosure
1038	1038	of the name of an individual shall apply only to any website, email or other
1039	1039	type of paid internet communication that is made by the candidate, the
1040	1040	candidate's candidate committee, a political committee or a party
1041	1041	committee and the such website, email or other internet communication is
1042	1042	viewed by or disseminated to at least 25 individuals. For the purposes of
1043	1043	this subparagraph, the terms "candidate," "candidate committee," "party
1044	1044	committee" and "political committee" shall have the meanings ascribed to
1045	1045	them mean the same as defined in K.S.A. 25-4143, and amendments
1046	1046	thereto.
1047	1047	(2) The provisions of subsections (b)(1)(C) and (E) shall not apply to
1048	1048	the publication of any paid communication that expressly advocates the
1049	1049	nomination, election or defeat of a clearly identified candidate for state or
1050	1050	local office, if such communication is made over any social media
1051	1051	provider which that has a character limit of 280 characters or fewer.
1052	1052	(3) Corrupt political advertising of a state or local office is a class C
1053	1053	misdemeanor.
1054	1054	(c) If any provision of this section or application thereof to any
1055	1055	person or circumstance is held invalid, such invalidity does not affect other
1056	1056	provisions or applications of this section that can be given effect without
1057	1057	the invalid application or provision, and to this end the provisions of this
1058	1058	section are declared to be severable.
1059	1059	Sec. 9. K.S.A. 2024 Supp. 25-4158 is hereby amended to read as
1060	1060	follows: 25-4158. (a) The secretary of state shall:
1061	1061	(1) Furnish forms prescribed and provided by the commission for
1062	1062	making reports and statements required to be filed in the office of the
1063	1063	secretary of state by the campaign finance act; and
1064	1064	(2) make such reports and statements available for public inspection
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1108	1108	and copying during regular office hours.
1109	1109	(b) The county election officer shall:
1110	1110	(1) Furnish forms prescribed and provided by the commission for
1111	1111	making reports and statements required to be filed in the office of the
1112	1112	county election officer by the campaign finance act; and
1113	1113	(2) make such reports and statements available for public inspection
1114	1114	and copying during regular office hours.
1115	1115	(c) The commission may investigate, or cause to be investigated, any
1116	1116	matter required to be reported upon by any person under the provisions of
1117	1117	the campaign finance act, or any matter to which the campaign finance act
1118	1118	applies irrespective of whether a complaint has been filed in relation
1119	1119	thereto.
1120	1120	(d) (1) After a preliminary investigation of any matter reported to the
1121	1121	commission pursuant to subsection (c), and upon specific written findings
1122	1122	of fact and conclusions of law by the commission that there is a reasonable
1123	1123	suspicion that a violation of the campaign finance act has occurred, the
1124	1124	commission or any officer designated by the commission may apply to the
1125	1125	district court of Shawnee county for an order to administer oaths and
1126	1126	affirmations, subpoena witnesses, compel their attendance, take evidence,
1127	1127	and require the production of any books, papers, correspondence,
1128	1128	memoranda, agreements, or other documents or records which the
1129	1129	commission deems relevant or material to the investigation. All
1130	1130	applications for a court order shall be made under seal of the court. The
1131	1131	commission shall reimburse the reasonable costs of production of
1132	1132	documents subject to subpoena. All subpoenas and subpoenas duces tecum
1133	1133	issued under this section shall be authorized by the affirmative vote of not
1134	1134	less than
1135	1135	2
1136	1136	/3 of the members of the commission. Subpoenas duces tecum
1137	1137	shall be limited to items reasonably relevant to such alleged violations. No
1138	1138	subpoena or other process issued by the commission pursuant to this
1139	1139	section shall be served upon any person unless an application has been
1140	1140	filed in the district court of Shawnee county pursuant to this section.
1141	1141	(2) Upon application by the commission or any officer designated by
1142	1142	the commission for a court order pursuant to paragraph (1), the district
1143	1143	court of Shawnee county, after review of the sufficiency of the written
1144	1144	findings of fact and conclusions of law, the record before the commission
1145	1145	and the reasonableness and scope of the subpoena, shall issue to that
1146	1146	person an order requiring the person to appear before the commission or
1147	1147	any officer designated by the commission, there to produce documentary
1148	1148	evidence if so ordered or to give evidence touching the matter under
1149	1149	investigation or in question. Any failure to obey the order of the court may
1150	1150	be punished by the court as a contempt of court. Upon the filing of an
1151	1151	application for a court order pursuant to paragraph (1), the commission
1152	1152	shall provide a copy of the written findings of fact and conclusions of law
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1196	1196	relating to the alleged violation and persons under investigation along with
1197	1197	a copy of the issued subpoena and notices required by paragraph (5) to the
1198	1198	recipient of the subpoena.
1199	1199	(3) The commission shall take reasonable steps to avoid imposing an
1200	1200	undue burden or expense on a person subject to the subpoena. Any person
1201	1201	subject to a subpoena shall be informed that such person may apply to the
1202	1202	district court for relief on the basis that responding to the subpoena will
1203	1203	cause an undue burden or expense. The district court on review of any
1204	1204	such application for relief, may impose an appropriate sanction on the
1205	1205	commission including an order requiring the commission to reimburse the
1206	1206	person for lost earnings and attorney fees.
1207	1207	(4) Any person subpoenaed to testify or produce documents under
1208	1208	this section shall be informed that the person has a right to be advised by
1209	1209	counsel and that the person may not be required to make any self-
1210	1210	incriminating statements. Upon a request by such person for counsel, no
1211	1211	further examination of the witness shall take place until counsel is present.
1212	1212	In the event that counsel of the witness' choice is not available, the person
1213	1213	shall be required to obtain other counsel within three days in order that the
1214	1214	examination may proceed. If such person is indigent and unable to obtain
1215	1215	the services of counsel, the judge shall appoint counsel to assist the person
1216	1216	who shall be compensated as counsel appointed for indigent defendants in
1217	1217	the district court. Counsel for any witness shall be present while the
1218	1218	witness is testifying and may interpose objections on behalf of the witness.
1219	1219	Counsel shall not be permitted to examine or cross-examine the client or
1220	1220	any other witness during the examination.
1221	1221	(5) Every subpoena issued by the commission pursuant to paragraph
1222	1222	(l) shall be accompanied by a notice containing the information required to
1223	1223	be provided under paragraphs (3) and (4) and the following statement:
1224	1224	"This subpoena is not enforceable unless a district court of competent
1225	1225	jurisdiction issues an order to enforce the subpoena. The recipient of this
1226	1226	subpoena has rights under law including those listed in K.S.A. 25-4158(d)
1227	1227	(3), and amendments thereto, and other laws to seek relief from complying
1228	1228	with this subpoena, as well as a right to be represented by counsel in this
1229	1229	matter pursuant to K.S.A. 25-4158(d)(4), and amendments thereto."
1230	1230	(e) Any subpoena or subpoena duces tecum issued pursuant to this
1231	1231	section shall expire and be invalid six months from the date of issuance
1232	1232	unless an order to enforce such subpoena is issued by the Shawnee county
1233	1233	district court prior to the date of expiration. Any subpoena or subpoena
1234	1234	duces tecum issued by the commission prior to July 1, 2025, is hereby
1235	1235	declared invalid by law.
1236	1236	Sec. 10. K.S.A. 2024 Supp. 25-4181 is hereby amended to read as
1237	1237	follows: 25-4181. (a) The commission, in addition to any other penalty
1238	1238	prescribed under the campaign finance act, may assess a civil fine, after
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1282	1282	proper notice and an opportunity to be heard, against any person for a
1283	1283	violation of the campaign finance act in an amount not to exceed $5,000
1284	1284	for the first violation, $10,000 for the second violation and $15,000 for the
1285	1285	third violation and for each subsequent violation. Except as otherwise
1286	1286	provided, the fine imposed by the commission in any one matter shall not
1287	1287	exceed an amount that is triple the applicable fine for a single violation in
1288	1288	such matter. In the event the respondent derived pecuniary gain from the
1289	1289	specific violations, then, in lieu of the above fine amounts, the fine
1290	1290	imposed may be fixed at an amount greater than that provided in this
1291	1291	section, but in no event shall such amount exceed double the pecuniary
1292	1292	gain derived from the violation by the respondent. Nothing in this section
1293	1293	shall prevent the imposition of a separate fine by a court in a criminal
1294	1294	proceeding. Whenever any civil fine or penalty is proposed to be assessed
1295	1295	against the treasurer of any candidate who is not also the candidate, such
1296	1296	notice shall be given to both the treasurer and the candidate prior to the
1297	1297	assessment of such fine or penalty. All fines assessed and collected under
1298	1298	this section shall be remitted to the state treasurer in accordance with the
1299	1299	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
1300	1300	each such remittance, the state treasurer shall deposit the entire amount in
1301	1301	the state treasury to the credit of the state general fund.
1302	1302	(b) No individual who has failed to pay any civil penalty or civil fine
1303	1303	assessed, or failed to file any report required to be filed under the
1304	1304	campaign finance act, unless such penalty or fine has been waived or is
1305	1305	under appeal, shall be eligible to become a candidate for state office or
1306	1306	local office until such penalty or fine has been paid or such report has been
1307	1307	filed or both such penalty or fine has been paid and such report filed.
1308	1308	(c) The commission shall not order community service or any other
1309	1309	specific performance in lieu of a civil fine as part of a consent decree or
1310	1310	final order. Nothing in this section shall prohibit the commission from
1311	1311	requiring training regarding or compliance with any provision of this act as
1312	1312	part of a consent decree or final order.
1313	1313	(d)(c) The commission shall not enter into any agreement with any
1314	1314	person that legally binds the commission from enforcing any law against
1315	1315	that person in exchange for the person's cooperation with or assistance of
1316	1316	the commission in any matter unless such person has received immunity
1317	1317	from criminal prosecution in the same matter from a county or district
1318	1318	attorney or the attorney general pursuant to K.S.A. 22-3415, and
1319	1319	amendments thereto.
1320	1320	Sec. 11. K.S.A. 46-214a is hereby amended to read as follows: 46-
1321	1321	214a. K.S.A. 46-215 through 46-293 and K.S.A. 46-237a, and
1322	1322	amendments thereto, and section 2, and amendments thereto, shall be
1323	1323	known and may be cited as the state governmental ethics law.
1324	1324	Sec. 12. K.S.A. 46-254 is hereby amended to read as follows: 46-254.
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1368	1368	The commission upon its own initiative may, and shall issue an advisory
1369	1369	opinion upon the request of any individual person to which this act applies
1370	1370	shall, render an opinion in writing on questions concerning the
1371	1371	interpretation of provisions of this act. Such advisory opinions shall be
1372	1372	issued in writing and only upon the receipt of such request. Any person
1373	1373	who acts in accordance with the provisions of such an opinion, shall be
1374	1374	presumed to have complied with the provisions of this act. A copy of every
1375	1375	opinion rendered by the commission shall be filed with the secretary of
1376	1376	state, and any opinion so filed shall be open to public inspection. The
1377	1377	secretary of state shall publish all opinions rendered under this section
1378	1378	monthly and each such publication shall be cumulative. Copies of each
1379	1379	opinion shall be filed with the secretary of the senate and the chief clerk of
1380	1380	the house on the same date as the same are filed with the secretary of state.
1381	1381	The secretary of state shall cause adequate copies of all filings under this
1382	1382	section to be supplied to the state library.
1383	1383	Sec. 13. K.S.A. 25-4119a, 25-4119d, 25-4119g, 25-4142, 25-4148,
1384	1384	25-4148a, 25-4153b, 25-4156, 46-214a and 46-254 and K.S.A. 2024 Supp.
1385	1385	25-4143, 25-4158 and 25-4181 are hereby repealed.
1386	1386	Sec. 14. This act shall take effect and be in force from and after its
1387	1387	publication in the statute book.
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