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Minutes for SB373 - Committee on Federal and State Affairs
Short Title
Prohibiting the use of public moneys for lobbying activities.
Minutes Content for Mon, Feb 12, 2024
Jason Long, Office of Revisor of Statutes, gave an overview of the bill. He stated SB373 would create a new statute prohibiting the use of public funds for lobbying activities. He also gave the statutory definition of lobbying activities, and the penalties associated with violations of the bill. (Attachment 1)
After a period of questions and answers, the Chairman called for proponent testimony.
Proponent Oral Testimony
Michael Austin, Americans for Prosperity (AFP), spoke as a proponent of the bill. He stated AFP is in support of the bill because there needs to be restrictions when it comes to the spending of taxpayer dollars. He said we need to ensure only those paying dues should be represented by lobbyists, and the taxpayer should not have to fund efforts that run counter to their interests. The public funding of lobbying creates more of a tax burden and it could be contrary to what the taxpayer wishes. He said the principle of limited government and potential for robust economic growth is put at risk with the practice of public funding of lobbying. (Attachment 2)
Dennis Hull, Americans for Tax Reform, spoke as a proponent of the bill. He stated SB373 would serve as a shield for taxpayers who would rather not be forced to pay for big-government priorities, and many taxpayers are unaware that their city or county government is spending thousands of dollars every year on contract lobbyists. He said an audit in 2020 showed Kansas lobbyists received well over $1 million in tax dollars to lobby on behalf of state agencies, local governments or associations tied to government activities. (Attachment 3)
Written Only Proponent Testimony
Brittnay Jones, Kansas Family Voice (Attachment 4)
Brett Anderson, private citizen (Attachment 5)
Kari Sue Vosburgh, private citizen (Attachment 6)
James Franko, Kansas Policy Institute (Attachment 7)
After a period of questions and answers, the Chairman called for neutral testimony.
Neutral Oral Testimony
Mark Skoglund, Kansas Governmental Ethics Commission, spoke as neutral on the bill. He stated it would fall under the jurisdiction of the Ethics Commission to enforce the ban and access fines for violations. He stated the exceptions granted in the bill are not well defined, and that perhaps the bill is broader than anticipated. He said "indirect public funds" in the bill would need to be defined for clarity. (Attachment 8)
After a period of questions and answers, the Chairman called for opponent testimony.
Opponent Oral Testimony
Nathan Eberline, League of Kansas Municipalities, spoke as an opponent of the bill. He stated the League has been in existence for over 100 years, and that this session he has already met with committee members regarding issues facing citizens such as short term rentals and taxes. He said they serve as a conduit to help legislators make best decisions for their constituents, and SB373 poses a significant restriction on their capacity to be a resource that has served Kansas for over a century. (Attachment 9)
Mike Taylor, Kansas County Commissioners Association, spoke as an opponent of the bill. He stated they represent 362 elected officials around the state, and this bill is telling a local elected official that you may only speak when spoken to. That is, under the bill, the official would have to be asked by a legislator before he could speak. He said he is paid a fee to be the eyes, ears and voice for elected officials, and there are a lot of gray areas in the language that need to be better defined. (Attachment 10)
Lon Pishny, Kansas Association of Counties, spoke as an opponent of the bill. He stated he is a country commissioner, and directed the Committee to the written testimony of Jay Hall, on whose behalf he testified. He said there are a lot of services that need to be balanced within the revenue counties receive, such as trash removal, jails, election administration, mental health services, etc., and the lobbyists are mandated to follow the agenda of the policy put together by the elected officials. He said SB373 would restrict their ability to be effective participants in the legislative process. (Attachment 11)
Jeff Piper, Kansas Peace Officers Association (KPOA), spoke as an opponent of the bill. He stated the KPOA represents 3200 law enforcement officers in the state, and exists, among other things, to advocate for sound legislation and laws that enhance the safety and welfare of Peace Officers and the public. He said most of the dues are paid for by the agency the member works for, such as a city police department. He said they provide training, networking, and scholarship funds to members, and 17.3% of the dues they receive goes to pay for lobbying activities. Memberships paid by the public agency provides additional training opportunities and benefits at a lesser cost to the member. (Attachment 12)
Darrell Atteberry, Kansas Chiefs of Police Association, spoke as an opponent of the bill. He stated if the bill passes, their lobbyist would no longer be accessible to the Committee because he is paid through membership fees. He said 100 sheriffs and 300 police chiefs would not be represented, and the current framework of the bill would disenfranchise their organization. He said he doesn't have time to monitor all the bills that come through the legislature. (Attachment 13)
Opponent Written Only Testimony
Jeff Easter, Kansas Sheriffs Association (Attachment 14)
Michael Koss, City of Overland Park (Attachment 15)
Karen WIlley, Douglas County Commissioners (Attachment 16)
Leah Fliter, Kansas Association of School Boards (Attachment 17)
Jamie Doss, Kansas County Commissioners and Election Officers Association (Attachment 18)
David Johnston, Unified Government of Wyandotte County and Kansas City, Kansas (Attachment 19)
Richard Eckert, Shawnee County Counselor's Office (Attachment 20)
Amanda Stanley, City of Topeka (Attachment 21)
Manuel Ortiz, City of Garden City (Attachment 22)
Randy Leis, Kansas Legislative Policy Group (Attachment 23)
Tim Danneberg, City of Olathe (Attachment 24)
Nickolaus Hernandez, City of Dodge City, KS (Attachment 25)
After a period of questions and answers, the Chairman closed the hearing on SB373.
