SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2312
As Amended by House Committee on Elections

Brief*
HB 2312, as amended, would exempt treasurers of
certain party committees from liability for violations of the
Campaign Finance Act (Act) committed by such party
committee and limit the amount of civil fines that can be
assessed for violations of the Act.

Party Committee Treasurers
The bill would provide that any state party committee
that does not employ a treasurer and require its treasurer to
file a surety bond would be liable for all reporting
requirements of such party committee and exempt a treasurer
of a party committee from liability for violations of the Act
committed by the party committee of which the treasurer is an
officer.
This exemption would not apply to individual liability for
any unlawful conduct that is intentionally committed by the
treasurer of a party committee or to a treasurer of a party
committee who is employed by the party committee and who
has filed a surety bond.
The bill would define party committee to mean the state
committee of a political party regulated by Article 3 of Chapter
25 of the Kansas Statutes Annotated. [Note: The definition in
the Act for party committee, in KSA 25-4143(i)(1), would
apply.]
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Limits on Civil Fines
The bill would limit the amount of civil fines that could be
assessed for a violation of the Act committed by a treasurer of
a party committee serving on a voluntary basis to $1,000.
The bill would also limit the amount of civil fines that
could be assessed for violations of the Act to:
● $5,000 for each violation if the person has not
previously been found to have violated the Act;
● $10,000 for each violation if the person has
previously been found to have violated the Act; and
● $15,000 for each violation if the person has been
found to have violated the Act on two or more
occasions.
Current law does not define a second or subsequent
violation as taking place after a finding of violation.
The bill would require civil fines to be assessed against
the party committee that committed the violation.

Background
The bill was introduced in the House Committee on
Elections at the request of Representative Schlingensiepen.

House Committee on Elections
In the House Committee hearing on February 21, 2023,
proponent testimony was provided by Representative
Schlingensiepen, who stated the bill would exempt political
party treasurers from certain violations of the Act if the
treasurer serves on a voluntary basis and place the
responsibility on the party committee.

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 Neutral testimony was provided by the Executive
Director of the Kansas Governmental Ethics Commission.
No other testimony was provided.
On February 22, 2023, the bill was withdrawn from the
House Committee on Elections and referred to the House
Committee on Appropriations. On March 1, 2023, the bill was
withdrawn from the House Committee on Appropriations and
referred to the House Committee on Elections.
In the House Committee hearing on March 16, 2023,
additional proponent testimony was provided by a private
citizen who has held political and party positions, who stated
the bill would provide protection to volunteer treasurers and
place responsibility for filing accurate campaign finance
reports on the party committee.
No other testimony was provided.
On March 21, 2023, the House Committee amended the
bill to specify the exemption from individual liability for a
treasurer of a party committee applies only to a treasurer of a
state committee of a political party and clarify the definition of
a subsequent violation and the amount of civil fines that can
be assessed for a violation of the Act.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas
Governmental Ethics Commission states enactment of the bill
would have a fiscal effect on the operations of the
Commission but it cannot estimate the fiscal effect.
Any fiscal effected associated with enactment of the bill
is not reflected in The FY 2024 Governor’s Budget Report.
Elections; Campaign Finance Act; state political party committee; party committee;
treasurer; violations; civil fines; Kansas Governmental Ethics Commission

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Statutes affected:
As introduced: 25-4148, 25-4148c, 25-4181
As Amended by House Committee: 25-4148, 25-4148c, 25-4181, 25-4143