November 18, 1999
Opinion No. 1999-36 (Amended)
The Honorable Tim Carmody
State Representative
10710 W. 102nd Street
Overland Park, Kansas 66214
Dear Representative Carmody:
This opinion is in response to your letter of August 17, 1999,
in which you request an opinion from the Kansas Governmental Ethics
Commission concerning the Campaign Finance Act (K.S.A. 25-4142
et seq.). We note at the outset that the Commission's
jurisdiction concerning your question is limited to the application
of K.S.A. 25-4142 et seq. Thus, whether some other statutory
system, common law theory or agency rule or regulation applies to
your inquiry is not covered by this opinion.
FACTUAL STATEMENT
We understand that you request this opinion in your capacity as
a member of the Board of Directors of the Kansas Conservative
Caucus, Inc. (the Caucus) and as a State Representative from the
16th District. You have explained that the Caucus was incorporated
on August 10, 1999, as a not-for-profit corporation whose purpose
is to provide research capability for legislators on issues which
are the subject of legislation. The corporation has applied for
federal tax exempt status under the Internal Revenue Code Section
501(c)(4). In order to receive tax exempt status under this
section, the corporation must be not-for-profit and devoted only to
charitable, educational, or recreational purposes. You have
informed us that membership with voting rights will be limited to
members and members-elect of the House of Representatives and the
Senate of the State of Kansas.
QUESTION
I. May members and members-elect of the House of Representatives
and the Senate use campaign funds to pay membership dues to the
Kansas Conservative Caucus, Inc.?
OPINION
K.S.A. 1998 Supp. 25-4157a, is applicable to your question. In
pertinent part, that statute states:
"(a) No moneys received by any candidate or candidate
committee of any candidate as a contribution under this act shall
be used or be made available for the personal use of the candidate
and no such moneys shall be used by such candidate or the candidate
committee of such candidate except for:
. . .
"(2) expenses of holding political office;
. . .
"(4) any membership dues or donations paid to a community
service or civic organization in the name of the candidate or
candidate committee of any candidate;"
Based upon the information provided by the Caucus, it is our
understanding that the major purpose of the Caucus is to operate as
a non-partisan study and research group for members of and
members-elect of the House of Representatives and the Senate. The
Commission understands that some legislators may which to belong to
the Caucus for the benefit of having the research and information
provided by the Caucus. With that in mind, the Commission concludes
that the members of and members-elect of the House of
Representatives and the Senate may use campaign funds to pay the
membership dues of the Caucus, so long as the purpose of the
organization is to provide research and information to the
legislators. Under these circumstances, the Commission concludes
that the membership dues would be an expense of holding political
office pursuant to K.S.A. 1998 Supp. 25-4157a(a)(2).
Sincerely,
Daniel Sevart, Chairman
By Direction of the Commission
DS:VMG:dlw
