Kansas Administrative Regulations Agency 19 - GOVERNMENTAL ETHICS COMMISSION
Here’s a detailed overview of Agency 19 – Governmental Ethics Commission in the Kansas Administrative Regulations (KAR):
🧾 Structure and Scope (Per Justia)
Agency 19, overseen by the Kansas Governmental Ethics Commission (GEC), encompasses regulations on:
Articles 1–9: Procedures for general governance, advisory opinions, investigations, compliance, civil penalties, complaints, hearings, post-final actions, and public records.
Articles 20–29: Campaign finance regulations — covering contributions, expenditures, committees, recordkeeping, reporting, limits, and events.
Articles 40–42: Conflict-of-interest rules—addressing state-level standards, disclosures, and representation statements.
Articles 50–51: Local conflict-of-interest provisions.
Articles 60–63: Lobbying rules—governing registration, definitions, and reporting.
(regulations.justia.com, ethics.kansas.gov, klrd.gov)
📌 Key Provisions & Examples
▪️ Article 1 – General Provisions
Defines fundamental terms (e.g., “advisory opinion,” “formal record,” “hearing commissioners,” etc.) and outlines procedural guidelines for filing, service, computation of time, representation, and alternative procedures. (ethics.kansas.gov)
▪️ Article 6 – Disclosure & Confidentiality
Specifies nondisclosure obligations during investigations and audits to protect individuals unless a violation is found.
▪️ Article 9 – Public Records
Mandates retention of all ethics-related filings (e.g., disclosures, affidavits) for at least five years; agencies must notify the GEC before destroying records. (ethics.kansas.gov)
▪️ Articles 20–29 – Campaign Finance
Detail the lifecycle of campaign contributions and expenditures—from committee formation and treasurers through reporting periods, filings, in-kind contributions, testimonial events, and monetary limits. For instance, Article 21 spells out candidate and treasurer responsibilities. (regulations.justia.com)
▪️ Articles 40–42 – Conflict of Interest
Include definitions for terms (like “family member” or “contract”) and clarify what must be disclosed by state officials or those involved in representation cases. (klrd.gov)
▪️ Articles 60–63 – Lobbying
Establish definitions, registration requirements, viewpoints on when and how lobbyists must register, and reporting standards, including compilation of expenditures. (klrd.gov)
🏛️ Background & Legal Authority
The current Agency 19 rules date back to 1991 (creation of the Kansas Commission on Governmental Standards & Conduct), and were rebranded to the Ethics Commission in 1998. Previous regulations were retained unless later amended—a process detailed in GEC-published PDFs. (ethics.kansas.gov)
Official KAR PDFs for each article are accessible through the Kansas GEC or Secretary of State website. (sos.ks.gov)
⚖️ Recent Developments & Public Controversy
The GEC has recently drawn attention for its aggressive investigatory tactics into alleged Republican campaign finance violations. Notable controversies include:
A 2023 complaint accusing the GEC of violating Kansas’ open meetings law due to secret email discussions related to subpoenas issued during a GOP inquiry into fund transfers. (apnews.com)
In 2023, the Kansas Legislature proposed limiting the agency’s power—capping fines, requiring court approval for subpoenas, and modifying administrative processes—amid backlash over its sweeping investigations. (apnews.com)
✅ Summary
Agency 19 provides a comprehensive regulatory framework covering:
Ethics processes: opinions, complaints, penalties, confidentiality, and records management
Campaign finance: regulations on committees, contributions, disbursements, reports, and limits
Conflict-of-interest: definitions, disclosure, and representation rules
Lobbying: registration, definitions, conduct, and reporting
These rules are legally grounded in state statutes and have been recently maintained and adjusted. However, the GEC’s enforcement methods have sparked discussions about transparency and reform.
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