25-4186.Gubernatorial inauguration contributions;treasurer; accountsrequired; reports; use of information in reports; disposition of contributions;civil penalties, disposition; certain violations declaredmisdemeanors.(a) Not later than 10 days after receiving any contribution ormaking any expenditure for a gubernatorial inauguration, the governor-electshall appoint an inaugural treasurer. The name and address of such treasurershall be reported to the secretary of state by the governor-electnot later than 10 days after the appointment.
(b) No person shall make any expenditure or make or receive any contributionor receipt, in kind or otherwise, for a gubernatorial inauguration except by orthrough the inaugural treasurer.
(c) The inaugural treasurer shall keep detailed accounts of allcontributions and other receipts received, in kind or otherwise, and allexpenditures made for a gubernatorial inauguration. Accounts of the treasurermay be inspected under conditions determined by the commission and shall bepreserved for a period to be designated by the commission. Every person whoreceives a contribution or other receipt, in kind or otherwise, for aninaugural treasurer more than five days before the ending date of any periodfor which a report is required under this section, on demand of thetreasurer, or in any event on or before the ending date of the reportingperiod, shall remit the same and render to the treasurer an accountthereof,including the name and address of the person, if known, making the contributionor other receipt and the date received. No contribution or other receiptreceived by the inaugural treasurer shall be commingled with personal funds ofthe governor-elect or inaugural treasurer.
(d) The inaugural treasurer shall file with the secretary of state a reporton March 10 and July 10 following the inauguration. The report filedon March 10 shall be for the period ending on February 28andthe report filed on July 10 shall be for the period beginning on March 1 andending on June 30. Eachreport shall contain the information required to be stated in a report pursuantto K.S.A. 25-4148 and 25-4148a, and amendments thereto, and adeclaration as tothe correctness of the report in the form prescribed by K.S.A. 25-4151, andamendments thereto. The July 10 report shall be a termination report whichshall include fullinformation as to the disposition of residual funds. If a report is sent bycertified mail on or before the day it is due, the mailing shall constitutereceipt by the secretary of state.
(e) The aggregate amount contributed, in kind or otherwise, by any personfor a gubernatorial inauguration shall not exceed $2,000.No person shall make a contribution in the name of another person,and no person knowingly shall accept a contribution made by onepersonin the name of another.No person shall give or accept any contribution in excess of $10 unlessthe name and address of the contributor is madeknown to the individual receiving the contribution.The aggregate of contributions for which the name and address ofthe contributor is not known shall notexceed 50% of the amount oneperson may contribute.
(f) No person shall copy any name of a contributor from any reportfiled under this section and use such name for any commercialpurpose, and no person shall use any name for a commercial purpose withknowledge that such name was obtained solely by copying informationrelating to contributions contained in any report filedunder this section.
(g) In addition to other reports required by this section,the inauguraltreasurer shall report the amount and nature of debts andobligations owedfor the gubernatorial inauguration, at timesprescribed by the commission, continuing until such debts andobligations are fully paid or discharged.
(h) No moneys received by anyinaugural treasurer shall be used or be made availablefor the personal use of the governor-elect or governor and no such moneys shallbe used by suchgovernor-elect or governor except for legitimategubernatorial inauguration expenses.
For the purpose of this subsection, expenditures for "personal use" shallinclude expenditures to defray normal living expensesand expenditures for personal benefithaving no direct connection with or effect upon theinauguration.
(i) Before the filingof a termination report in accordance withthis section, all residual funds not otherwise obligated for the payment ofexpensesincurredfor the gubernatorial inauguration shall be remitted to the state treasurer whoshall deposit the entire amount in the state treasury and credit:
(1) To the inaugural expense fund created by K.S.A. 25-4187,and amendments thereto: (A)An amount equalto the amount certified to the director of accounts and reports by the adjutantgeneral as the amount expended by the adjutant general for expenses incurred inconnection with the gubernatorial inauguration; or (B) if the amount ofresidual funds is less than the amount certified, the entire amount of thedeposit;and
(2) to the governmental ethics commission fee fundcreated by K.S.A. 25-4119e, and amendments thereto, any remaining balance.
(j) (1) The commissionshall send a notice by registeredor certified mail to any inaugural treasurer who fails to file any reportrequired by this sectionwithin the time period prescribed therefor.The notice shall state that the required report has notbeen filed with the office of the secretary of state. The notice also shallstate that the treasurer shall have 15 days from the date such noticeis deposited in the mail to comply with thereportingrequirements before a civil penalty shall be imposed for each day thatthe required documents remain unfiled. If the treasurer fails to complywithin the prescribed period, the treasurer shall pay tothe state a civilpenalty of $10 per day for each day that the reportremains unfiled, except that no such civil penalty shallexceed $300. The commissionmay waive, for good cause, payment of any civil penalty imposedby this subsection.
(2) Civil penalties provided for by this subsection shall be paid tothe state treasurer, who shall deposit the entire amount in the state treasuryand credit it to the governmental ethics commissionfee fund.
(3) If a person fails to pay a civil penalty provided for by thissection, it shall be the duty of the commissionto bring an action to recover such civil penalty inthe district court of Shawnee county.
(k) Any violation of subsection (e), (f) or (h) or any intentional failureto file any report required by this sectionis a class A misdemeanor.
(l) Nothing in this section shall be construed to apply to expenditures ofstate moneys related to any inaugural activity.
(m) This section shall be part of and supplemental to the campaign financeact.
History: L. 1994, ch. 209, § 1; L. 1998, ch. 117, § 18;L. 1998, ch. 168, § 3; July 1.
25-4186.Gubernatorial inauguration contributions;treasurer; accountsrequired; reports; use of information in reports; disposition of contributions;civil penalties, disposition; certain violations declaredmisdemeanors.(a) Not later than 10 days after receiving any contribution ormaking any expenditure for a gubernatorial inauguration, the governor-electshall appoint an inaugural treasurer. The name and address of such treasurershall be reported to the secretary of state by the governor-electnot later than 10 days after the appointment.
(b) No person shall make any expenditure or make or receive any contributionor receipt, in kind or otherwise, for a gubernatorial inauguration except by orthrough the inaugural treasurer.
(c) The inaugural treasurer shall keep detailed accounts of allcontributions and other receipts received, in kind or otherwise, and allexpenditures made for a gubernatorial inauguration. Accounts of the treasurermay be inspected under conditions determined by the commission and shall bepreserved for a period to be designated by the commission. Every person whoreceives a contribution or other receipt, in kind or otherwise, for aninaugural treasurer more than five days before the ending date of any periodfor which a report is required under this section, on demand of thetreasurer, or in any event on or before the ending date of the reportingperiod, shall remit the same and render to the treasurer an accountthereof,including the name and address of the person, if known, making the contributionor other receipt and the date received. No contribution or other receiptreceived by the inaugural treasurer shall be commingled with personal funds ofthe governor-elect or inaugural treasurer.
(d) The inaugural treasurer shall file with the secretary of state a reporton March 10 and July 10 following the inauguration. The report filedon March 10 shall be for the period ending on February 28andthe report filed on July 10 shall be for the period beginning on March 1 andending on June 30. Eachreport shall contain the information required to be stated in a report pursuantto K.S.A. 25-4148 and 25-4148a, and amendments thereto, and adeclaration as tothe correctness of the report in the form prescribed by K.S.A. 25-4151, andamendments thereto. The July 10 report shall be a termination report whichshall include fullinformation as to the disposition of residual funds. If a report is sent bycertified mail on or before the day it is due, the mailing shall constitutereceipt by the secretary of state.
(e) The aggregate amount contributed, in kind or otherwise, by any personfor a gubernatorial inauguration shall not exceed $2,000.No person shall make a contribution in the name of another person,and no person knowingly shall accept a contribution made by onepersonin the name of another.No person shall give or accept any contribution in excess of $10 unlessthe name and address of the contributor is madeknown to the individual receiving the contribution.The aggregate of contributions for which the name and address ofthe contributor is not known shall notexceed 50% of the amount oneperson may contribute.
(f) No person shall copy any name of a contributor from any reportfiled under this section and use such name for any commercialpurpose, and no person shall use any name for a commercial purpose withknowledge that such name was obtained solely by copying informationrelating to contributions contained in any report filedunder this section.
(g) In addition to other reports required by this section,the inauguraltreasurer shall report the amount and nature of debts andobligations owedfor the gubernatorial inauguration, at timesprescribed by the commission, continuing until such debts andobligations are fully paid or discharged.
(h) No moneys received by anyinaugural treasurer shall be used or be made availablefor the personal use of the governor-elect or governor and no such moneys shallbe used by suchgovernor-elect or governor except for legitimategubernatorial inauguration expenses.
For the purpose of this subsection, expenditures for "personal use" shallinclude expenditures to defray normal living expensesand expenditures for personal benefithaving no direct connection with or effect upon theinauguration.
(i) Before the filingof a termination report in accordance withthis section, all residual funds not otherwise obligated for the payment ofexpensesincurredfor the gubernatorial inauguration shall be remitted to the state treasurer whoshall deposit the entire amount in the state treasury and credit:
(1) To the inaugural expense fund created by K.S.A. 25-4187,and amendments thereto: (A)An amount equalto the amount certified to the director of accounts and reports by the adjutantgeneral as the amount expended by the adjutant general for expenses incurred inconnection with the gubernatorial inauguration; or (B) if the amount ofresidual funds is less than the amount certified, the entire amount of thedeposit;and
(2) to the governmental ethics commission fee fundcreated by K.S.A. 25-4119e, and amendments thereto, any remaining balance.
(j) (1) The commissionshall send a notice by registeredor certified mail to any inaugural treasurer who fails to file any reportrequired by this sectionwithin the time period prescribed therefor.The notice shall state that the required report has notbeen filed with the office of the secretary of state. The notice also shallstate that the treasurer shall have 15 days from the date such noticeis deposited in the mail to comply with thereportingrequirements before a civil penalty shall be imposed for each day thatthe required documents remain unfiled. If the treasurer fails to complywithin the prescribed period, the treasurer shall pay tothe state a civilpenalty of $10 per day for each day that the reportremains unfiled, except that no such civil penalty shallexceed $300. The commissionmay waive, for good cause, payment of any civil penalty imposedby this subsection.
(2) Civil penalties provided for by this subsection shall be paid tothe state treasurer, who shall deposit the entire amount in the state treasuryand credit it to the governmental ethics commissionfee fund.
(3) If a person fails to pay a civil penalty provided for by thissection, it shall be the duty of the commissionto bring an action to recover such civil penalty inthe district court of Shawnee county.
(k) Any violation of subsection (e), (f) or (h) or any intentional failureto file any report required by this sectionis a class A misdemeanor.
(l) Nothing in this section shall be construed to apply to expenditures ofstate moneys related to any inaugural activity.
(m) This section shall be part of and supplemental to the campaign financeact.
History: L. 1994, ch. 209, § 1; L. 1998, ch. 117, § 18;L. 1998, ch. 168, § 3; July 1.
25-4186.Gubernatorial inauguration contributions;treasurer; accountsrequired; reports; use of information in reports; disposition of contributions;civil penalties, disposition; certain violations declaredmisdemeanors.(a) Not later than 10 days after receiving any contribution ormaking any expenditure for a gubernatorial inauguration, the governor-electshall appoint an inaugural treasurer. The name and address of such treasurershall be reported to the secretary of state by the governor-electnot later than 10 days after the appointment.
(b) No person shall make any expenditure or make or receive any contributionor receipt, in kind or otherwise, for a gubernatorial inauguration except by orthrough the inaugural treasurer.
(c) The inaugural treasurer shall keep detailed accounts of allcontributions and other receipts received, in kind or otherwise, and allexpenditures made for a gubernatorial inauguration. Accounts of the treasurermay be inspected under conditions determined by the commission and shall bepreserved for a period to be designated by the commission. Every person whoreceives a contribution or other receipt, in kind or otherwise, for aninaugural treasurer more than five days before the ending date of any periodfor which a report is required under this section, on demand of thetreasurer, or in any event on or before the ending date of the reportingperiod, shall remit the same and render to the treasurer an accountthereof,including the name and address of the person, if known, making the contributionor other receipt and the date received. No contribution or other receiptreceived by the inaugural treasurer shall be commingled with personal funds ofthe governor-elect or inaugural treasurer.
(d) The inaugural treasurer shall file with the secretary of state a reporton March 10 and July 10 following the inauguration. The report filedon March 10 shall be for the period ending on February 28andthe report filed on July 10 shall be for the period beginning on March 1 andending on June 30. Eachreport shall contain the information required to be stated in a report pursuantto K.S.A. 25-4148 and 25-4148a, and amendments thereto, and adeclaration as tothe correctness of the report in the form prescribed by K.S.A. 25-4151, andamendments thereto. The July 10 report shall be a termination report whichshall include fullinformation as to the disposition of residual funds. If a report is sent bycertified mail on or before the day it is due, the mailing shall constitutereceipt by the secretary of state.
(e) The aggregate amount contributed, in kind or otherwise, by any personfor a gubernatorial inauguration shall not exceed $2,000.No person shall make a contribution in the name of another person,and no person knowingly shall accept a contribution made by onepersonin the name of another.No person shall give or accept any contribution in excess of $10 unlessthe name and address of the contributor is madeknown to the individual receiving the contribution.The aggregate of contributions for which the name and address ofthe contributor is not known shall notexceed 50% of the amount oneperson may contribute.
(f) No person shall copy any name of a contributor from any reportfiled under this section and use such name for any commercialpurpose, and no person shall use any name for a commercial purpose withknowledge that such name was obtained solely by copying informationrelating to contributions contained in any report filedunder this section.
(g) In addition to other reports required by this section,the inauguraltreasurer shall report the amount and nature of debts andobligations owedfor the gubernatorial inauguration, at timesprescribed by the commission, continuing until such debts andobligations are fully paid or discharged.
(h) No moneys received by anyinaugural treasurer shall be used or be made availablefor the personal use of the governor-elect or governor and no such moneys shallbe used by suchgovernor-elect or governor except for legitimategubernatorial inauguration expenses.
For the purpose of this subsection, expenditures for "personal use" shallinclude expenditures to defray normal living expensesand expenditures for personal benefithaving no direct connection with or effect upon theinauguration.
(i) Before the filingof a termination report in accordance withthis section, all residual funds not otherwise obligated for the payment ofexpensesincurredfor the gubernatorial inauguration shall be remitted to the state treasurer whoshall deposit the entire amount in the state treasury and credit:
(1) To the inaugural expense fund created by K.S.A. 25-4187,and amendments thereto: (A)An amount equalto the amount certified to the director of accounts and reports by the adjutantgeneral as the amount expended by the adjutant general for expenses incurred inconnection with the gubernatorial inauguration; or (B) if the amount ofresidual funds is less than the amount certified, the entire amount of thedeposit;and
(2) to the governmental ethics commission fee fundcreated by K.S.A. 25-4119e, and amendments thereto, any remaining balance.
(j) (1) The commissionshall send a notice by registeredor certified mail to any inaugural treasurer who fails to file any reportrequired by this sectionwithin the time period prescribed therefor.The notice shall state that the required report has notbeen filed with the office of the secretary of state. The notice also shallstate that the treasurer shall have 15 days from the date such noticeis deposited in the mail to comply with thereportingrequirements before a civil penalty shall be imposed for each day thatthe required documents remain unfiled. If the treasurer fails to complywithin the prescribed period, the treasurer shall pay tothe state a civilpenalty of $10 per day for each day that the reportremains unfiled, except that no such civil penalty shallexceed $300. The commissionmay waive, for good cause, payment of any civil penalty imposedby this subsection.
(2) Civil penalties provided for by this subsection shall be paid tothe state treasurer, who shall deposit the entire amount in the state treasuryand credit it to the governmental ethics commissionfee fund.
(3) If a person fails to pay a civil penalty provided for by thissection, it shall be the duty of the commissionto bring an action to recover such civil penalty inthe district court of Shawnee county.
(k) Any violation of subsection (e), (f) or (h) or any intentional failureto file any report required by this sectionis a class A misdemeanor.
(l) Nothing in this section shall be construed to apply to expenditures ofstate moneys related to any inaugural activity.
(m) This section shall be part of and supplemental to the campaign financeact.
History: L. 1994, ch. 209, § 1; L. 1998, ch. 117, § 18;L. 1998, ch. 168, § 3; July 1.
