25-4119a. Governmental ethics commission; membership; terms; meetings; compensation and allowance, staff; fees; rules and regulations; annual report.

25-4119a

Chapter 25.--ELECTIONS
Article 41.--ELECTION CAMPAIGN FINANCE; GENERAL

      25-4119a.   Governmental ethics commission;membership; terms; meetings; compensation and allowance, staff; fees; rules andregulations; annual report.(a) There is herebycreated the Kansas commission on governmental standards and conduct.

      (b)   On July 1, 1998, the Kansas commission on governmental standards andconduct is hereby redesignated as the governmental ethics commission. On and after July 1, 1998, whenever the Kansas commission on governmentalstandards and conduct, or words of like effect, is referred to or designated bya statute, contract or other document, such reference or designation shall bedeemed to apply to the governmental ethics commission. Nothing in thisact shall be construed as abolishing and reestablishing the Kansas commissionon governmental standards and conduct.Thecommission shallconsist of nine members of whom two shall beappointed by the governor,one by the president of the senate, one by the speaker of the house ofrepresentatives,one by the minority leader of the house of representatives, one by theminority leader of the senate, one by the chief justice of the supremecourt, one by the attorney general and one by the secretary of state.Nothing inthis act shall be construed as affecting the terms of members serving on July1,1998. Not morethanfive members of the commission shall be members of the same political partyand the two members appointed by the governor shall not be members of thesame political party.

      (c)   The terms of all subsequently appointed members shall betwo yearscommencing on February 1 of the appropriate years. Vacancies occurring onthe commission shall be filled for the unexpired term by the same appointingofficer as made the original appointment. Members shall serve until theirsuccessors are appointed and qualified.The governor shall designate one of the members appointed bythe governor to be the chairperson of the commission.A majority vote of five members of the commission shall be required for anyaction of thecommission. The commission may adopt rules to govern its proceedings andmay provide for such officers other than the chairperson as it maydetermine. The commission shall meet at least once each quarter, andalso shall meet on call of its chairperson or any four members of thecommission. Members of the commission attendingmeetings of such commission, or attending a subcommittee meeting thereofauthorized by such commission, shall be paid compensation, subsistenceallowances, mileage and other expenses as provided in subsections (a) to(d), inclusive, of K.S.A. 75-3223, and amendments thereto. The commissionshallappoint an executive director who shall be in the unclassifiedservice and receive compensation fixed by the commission, in accordancewith appropriation acts of the legislature, subject to approval by thegovernor. The commission may employ such other staff and attorneys as itdetermines, within amounts appropriated to the commission, all of whomshall be in the unclassified service and shall receive compensationfixed by the commission and not subject to approval by the governor.

      (d)   The commission mayadopt rules and regulations for the administration of the campaignfinance act. Subject to K.S.A. 25-4178, and amendments thereto, rules andregulations adopted bythecommission created prior to this act shall continue in force and effectand shall be deemed to be the rules and regulations of the commissioncreated by this section of this enactment, until revised, amended,repealed or nullified pursuant to law. All rules and regulations of thecommission shall be subject to the provisions of article 4 of chapter 77of Kansas Statutes Annotated. The commission shallcontinue to administer all of the acts administeredby the commission to which it is successor.

      (e)   The commission may provide copies of opinions, informationalmaterialscompiled and published by the commission and public records filed in the officeof the commission to persons requesting the same and may adopt rules andregulations fixing reasonable fees therefor. All fees collected by thecommission under the provisions of this subsection shall beremitted to the statetreasurer in accordance with the provisions of K.S.A. 75-4215,andamendments thereto. Upon receipt of each such remittance, the statetreasurer shall deposit the entire amount in the statetreasury to thecredit of thegovernmental ethics commission fee fund.

      (f)   The commission shall submit an annual report andrecommendations inrelation to all acts administered by the commission to the governor andto the legislative coordinating council on or before December 1 of eachyear. The legislative coordinating council shall transmit such report andrecommendations to the legislature.

      (g)   Whenever the Kansascommission on governmental standards and conduct, or words of likeeffect, isreferred to or designated by a statute, contract or other document, suchreference or designation shall be deemed to apply to thegovernmental ethicscommission.

      History:   L. 1975, ch. 272, § 14;L. 1979, ch. 112, § 1;L. 1981, ch. 171, § 39;L. 1986, ch. 143, § 1;L. 1990, ch. 306, § 6;L. 1991, ch. 150, § 1;L. 1992, ch. 116, § 25;L. 1998, ch. 117, § 1;L. 2001, ch. 5, § 87; July 1.