Session of 2000
HOUSE BILL No. 2889
By Representative Carmody
2-8
9 AN ACT
concerning the state governmental ethics commission; relating
10 to the issuance of
opinions; amending K.S.A. 1999 Supp. 25-4119a and
11 75-4303a and repealing
the existing sections; also repealing K.S.A. 25-
12 4159 and 46-254.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 25-4119a is hereby amended to read
16 as follows: 25-4119a. (a) There is hereby
created the Kansas commission
17 on governmental standards and conduct.
18 (b) On July 1,
1998, the Kansas commission on governmental stan-
19 dards and conduct is hereby redesignated as
the governmental ethics
20 commission. On and after July 1, 1998,
whenever the Kansas commission
21 on governmental standards and conduct, or
words of like effect, is re-
22 ferred to or designated by a statute,
contract or other document, such
23 reference or designation shall be deemed to
apply to the governmental
24 ethics commission. Nothing in this act
shall be construed as abolishing
25 and reestablishing the Kansas commission on
governmental standards and
26 conduct. The commission shall consist of
nine members of whom two
27 shall be appointed by the governor, one by
the president of the senate,
28 one by the speaker of the house of
representatives, one by the minority
29 leader of the house of representatives, one
by the minority leader of the
30 senate, one by the chief justice of the
supreme court, one by the attorney
31 general and one by the secretary of state.
Nothing in this act shall be
32 construed as affecting the terms of members
serving on July 1, 1998. Not
33 more than five members of the commission
shall be members of the same
34 political party and the two members
appointed by the governor shall not
35 be members of the same political party.
36 (c) The terms of
all subsequently appointed members shall be two
37 years commencing on February 1 of the
appropriate years. Vacancies
38 occurring on the commission shall be filled
for the unexpired term by the
39 same appointing officer as made the
original appointment. Members shall
40 serve until their successors are appointed
and qualified. The governor
41 shall designate one of the members
appointed by the governor to be the
42 chairperson of the commission. A majority
vote of five members of the
43 commission shall be required for any action
of the commission. The com-
2
1 mission may adopt rules to govern its
proceedings and may provide for
2 such officers other than the
chairperson as it may determine. The com-
3 mission shall meet at least once each
quarter, and also shall meet on call
4 of its chairperson or any four
members of the commission. Members of
5 the commission attending meetings of
such commission, or attending a
6 subcommittee meeting thereof
authorized by such commission, shall be
7 paid compensation, subsistence
allowances, mileage and other expenses
8 as provided in subsections (a) to
(d), inclusive, of K.S.A. 75-3223, and
9 amendments thereto. The commission
shall appoint an executive director
10 who shall be in the unclassified service
and receive compensation fixed
11 by the commission, in accordance with
appropriation acts of the legisla-
12 ture, subject to approval by the governor.
The commission may employ
13 such other staff and attorneys as it
determines, within amounts appro-
14 priated to the commission, all of whom
shall be in the unclassified service
15 and shall receive compensation fixed by the
commission and not subject
16 to approval by the governor.
17 (d) The
commission may adopt rules and regulations for the admin-
18 istration of the campaign finance act.
Subject to K.S.A. 25-4178, and
19 amendments thereto, rules and regulations
adopted by the commission
20 created prior to this act shall continue in
force and effect and shall be
21 deemed to be the rules and regulations of
the commission created by this
22 section of this enactment, until revised,
amended, repealed or nullified
23 pursuant to law. All rules and regulations
of the commission shall be
24 subject to the provisions of article 4 of
chapter 77 of Kansas Statutes
25 Annotated. The commission shall continue to
administer all of the acts
26 administered by the commission to which it
is successor.
27 (e) The
commission may provide copies of opinions,
informational
28 materials compiled and published by
the commission and public records
29 filed in the office of the
commission to persons requesting the same and
30 may adopt rules and regulations
fixing reasonable fees therefor. All fees
31 collected by the commission under
the provisions of this subsection shall
32 be paid to the state treasurer who
shall deposit the same in the state
33 treasury to the credit of the
governmental ethics commission fee fund
34 shall not issue advisory
opinions.
35 (f) The
commission shall submit an annual report and recommen-
36 dations in relation to all acts
administered by the commission to the gov-
37 ernor and to the legislative coordinating
council on or before December
38 1 of each year. The legislative
coordinating council shall transmit such
39 report and recommendations to the
legislature.
40 (g) Whenever the
Kansas commission on governmental standards and
41 conduct, or words of like effect, is
referred to or designated by a statute,
42 contract or other document, such reference
or designation shall be
43 deemed to apply to the governmental ethics
commission.
3
1 Sec.
2. K.S.A. 1999 Supp. 75-4303a is hereby amended to read as
2 follows: 75-4303a. (a) The
governmental ethics commission shall render
3 advisory opinions on the
interpretation or application of K.S.A. 75-4301a,
4 75-4302a, 75-4303a, 75-4304,
75-4305 and 75-4306, and amendments
5 thereto. The opinions shall
be rendered after receipt of a written request
6 therefor by a local
governmental officer or employee or by any person
7 who has filed as a candidate
for local office. Any person who requests and
8 receives an advisory opinion
and who acts in accordance with its provi-
9 sions shall be presumed to
have complied with the provisions of the gen-
10 eral conflict of interests law. A
copy of any advisory opinion rendered by
11 the commission shall be filed by
the commission in the office of the
12 secretary of state, and any opinion
so filed shall be open to public in-
13 spection. All requests for advisory
opinions shall be directed to the sec-
14 retary of state who shall notify
the commission thereof not issue advisory
15 opinions.
16 (b) The
governmental ethics commission shall administer K.S.A. 75-
17 4301a, 75-4302a, 75-4303a, 75-4304, 75-4305
and 75-4306, and amend-
18 ments thereto, and may adopt rules and
regulations therefor.
19 Sec. 3. K.S.A. 25-4159 and
46-254 and K.S.A. 1999 Supp. 25-4119a
20 and 75-4303a are hereby repealed.
21 Sec. 4. This act shall
take effect and be in force from and after its
22 publication in the statute book.