SB 62/LM (BR 188) - D. Thayer, D. Givens
AN ACT relating to the regulation of campaigns and elections.
Create new sections of KRS Chapter 121 to define terms; require a person making an independent expenditure to report it if the amount exceeds $500 in the aggregate in any one election; establish campaign contribution limits for candidates, slates of candidates, and candidate campaign committees; establish campaign contribution limits for caucus campaign committees, political issues committees, permanent committees, and executive committees; permit the establishment of a building account; establish campaign contribution limits for inaugural committees; establish campaign contribution limits for individuals; permit a married couple to combine their individual contribution limits by writing one check under certain specific conditions; permit candidates, slates of candidates, committees, and individuals to utilize on-line credit and debit card transactions; provide for reporting exemptions for any candidate, slate, or political issues committee if a form is filed stating that contributions will not be accepted or expended in excess of $5,000 in any one election; require exempted candidates for city or county offices or for school boards to file reports if they accept contributions or make expenditures in excess of the exempted amount in any one election; require candidates or slates of candidates subject to an August filing deadline to timely file for an exemption and permit such candidates or slates to exercise rescission rights; permit the exercise of rescission rights by a candidate or slate of candidates if an opponent is replaced due to death, disability, or disqualification not later than 15 days after the party nominates the replacement; permit write-in candidates to request an exemption; establish that exempted candidate campaign committees, and political issues committees are bound to the terms of the exemption unless is it rescinded timely; establish penalties and fines for candidates, slates of candidates, candidate campaign committees, or political issues committees who accept contributions or make expenditures in excess of the limit in any one election without rescinding the exemption in a timely manner; require state and county executive committees and caucus campaign committees to make a full report to the registry of all money, loans, and expenditures made since the date of the last report; establish reporting requirements of candidates, slates of candidates, candidate campaign committees, political issues committees, and registered fundraisers; require all reporting candidates, candidate campaign committees, political issues committees, and registered fundraisers to make post-election reports; require that detailed information be maintained by the treasurer for six years from the date of the election to which the records pertain, but not to exceed six years; require certain permanent committees to make a full specified report to the registry of all money, loans, and expenditures since the date of the last report; permit Kentucky based federal permanent committees to make certain contributions; require a supplemental report be filed annually until an account shows no unexpended balance; require that all reports filed with the registry be subject to open records and to require county clerks to maintain such reports for one year from the date the last report is required to be filed; exempt legislative candidates from filing reports with the county clerk; relieve candidates and slates from personally filing reports under certain conditions; prohibit the use of funds for candidacy for a different office, to support or oppose different issue, or to further the candidacy of another candidate or slate of candidates for office; abolish the requirement that a paper format report be filed if an electronic report is filed; require the registry to promulgate administrative regulations to establish a de minimus standard; amend KRS 121.120 to except those candidates, candidate campaign committees, and slates of candidates running for statewide office from mandatory audits of receipts and expenditures that receive or spend less than $5,000, and to require candidates and slates of candidates running for statewide office to file electronically on the next regularly scheduled reporting date when contributions or loans, or a balance in a campaign account or accounts is in the aggregate of $25,000 or more; amend KRS 121.135 to authorize the general counsel to the registry to write an advisory opinion and to require advisory opinions to be issued not later than 20 days from the date the registry receives the request; amend KRS 121.140 to define "frivolous complaint" and to authorize the registry to impose a civil penalty for the filing of frivolous complaints; amend KRS 121.220 to require segregation of primary campaign funds from regular election funds through bookkeeping; amend KRS 121.230 to lower the threshold for itemization of expenditures by check from $50 to $25; amend KRS 121.210, 121.190, 121.056, 121.990, 61.710, and 23A.070 to conform; repeal KRS 121.015, 121.150 and 121.180; effective November 5, 2009.
SB 62 - AMENDMENTS
HFA (1, J. Fischer) - Amend to define "media" as any person or group of persons; change the definition of political issues committee from one or more persons, to two or more persons.
HFA (2, C. Hoffman) - Amend to require that all candidates, including candidates running for seats in the General Assembly, file reports with the county clerk in the county where the candidate resides.
HFA (3, M. Cherry) - Amend the definition of "contribution" to delete the exclusion of news stories, commentary, and editorials by the media.
HFA (4, M. Cherry) - Change the definition of "political issues committee" to include the phrase "two or more persons" rather than "one or more persons"; require reports to be submitted on the sixtieth day preceding a regular election, rather than on the sixtieth day before any election; exclude federally registered permanent committees from certain requirements relating to reporting and management of funds.
Feb 4-introduced in Senate
Feb 5-to State & Local Government (S)
Feb 11-reported favorably, 1st reading, to Calendar
Feb 12-2nd reading, to Rules
Feb 23-posted for passage in the Regular Orders of the Day for Tuesday, February 24, 2009
Feb 24-3rd reading, passed 38-0
Feb 25-received in House
Feb 26-to Elections, Const. Amendments & Intergovernmental Affairs (H)
Mar 5-posted in committee
Mar 9-taken from committee; 1st reading; returned to Elections, Const. Amendments & Intergovernmental Affairs (H)
Mar 10-reported favorably, 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Wednesday, March 11, 2009; floor amendments (1) and (2) filed
Mar 11-floor amendments (3) and (4) filed