19-21-3 Political committees. (a) Gen-
eral. The following factors shall be considered in
determining whether a combination of two or
more persons, or a person other than an individ-
ual, constitutes a political committee:

    (1) The intent of the person or persons;

    (2) the amount of time devoted to the support
or opposition of one or more candidates for state
office;

    (3) the amount of time devoted to the support
or opposition of any other political committee or
party committee;

    (4) the amount of contributions, as defined by
the act, made to any candidate, candidate com-
mittee, party committee or political committee;

    (5) the amount of expenditures, as defined by
the act, made on behalf of any candidate, candi-
date committee, party committee or political com-
mittee; and

    (6) the importance to any candidate, candidate
committee, party committee or political commit-
tee of the activities in which the person or persons
engage.

    (b) Structure and filing statement of organiza-
tion. Each political committee which anticipates
that it will receive contributions or make expend-
itures shall appoint one chairperson and one trea-
surer for the purposes of the act. A political com-
mittee member may serve as both chairperson
and treasurer. A political committee may appoint
such other officers as it desires, including co-
chairpersons.

    (c)  Payroll deduction plan exception. Any per-
son or persons who receive political contributions
under a program similar to a payroll deduction
plan shall be presumed not to be a political com-
mittee if the program administered by the person
or persons meets all of the following tests:

    (1) the decision to make any contribution by any
individual employee is strictly voluntary;

    (2) the employee alone determines to whom the
employee's contribution will be distributed;

    (3) any contribution made by the employee is
made and transferred in the employee's name
only; and

    (4) the recipient candidate or committee is not
made aware by the employer or the employer's
agents that the contribution was made as a part of
any such program.

    (d) Affiliated or connected organizations.

    (1) An organization shall be considered to be
affiliated or connected with a reporting political
committee if it is:

    (A) an organization or group which founded or
maintains the reporting committee with a major
purpose of influencing the nomination or election
of a candidate or candidates to state office;

    (B) an organization or group which has as a ma-
jor purpose providing support to a reporting com-
mittee or committees;

    (C) an organization or group whose member-
ship is generally composed of the same individuals
as the reporting committee where the reporting
committee advances the political goals of the or-
ganization either directly or indirectly on behalf
of the organization; or

    (D) an organization or group, whether or not a
reporting committee, which is substantially con-
trolled, directly or indirectly, by a reporting com-
mittee or committees or the controlling persons
thereof. In addition, any organization or group
controlling an affiliated or connected organization
shall likewise be considered an affiliated or con-
nected organization of the group or organization
which it controls.

    (2) Exceptions. If a state-wide union or profes-
sional or trade association is considered to be an
affiliated or connected organization of a particular
political committee under any of the above tests,
local units of such unions or associations shall be
presumed not to be affiliated or connected organ-
izations of the political committee so long as the
state-wide entity is reported as such. (Authorized
by K.S.A. 25-4119a as amended by L. 1986, Ch.
143, Sec. 1; implementing K.S.A. 25-4143 and
K.S.A. 1985 Supp. 25-4145; effective, E-76-56,
Nov. 26, 1975; effective, E-77-20, May 1, 1976;
amended, E-77-47, Sept. 30, 1976; effective Feb.
15, 1977; amended, E-79-24, Sept. 21, 1978;
amended May 1, 1979; amended May 1, 1980;
amended May 1, 1987.)