September 21, 2000
Opinion No. 2000-47
David E. Frey
Administrator
Kansas Wheat Commission
2630 Claflin Road
Manhattan, Kansas 66502-2743
Dear Mr. Frey:
This opinion is in response to your letter of August 1, 2000, in
which you request an opinion from the Kansas Governmental Ethics
Commission (GEC) concerning the Campaign Finance Act (K.S.A.
25-4142 et seq.) and the state level conflict of interest
laws (K.S.A. 46-215 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. and K.S.A. 46-215
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
the Administrator for the Kansas Wheat Commission (Wheat
Commission) . You have explained that pursuant to K.S.A. 1999 Supp.
2-3002, as amended by House Bill 2674 enacted during the 2000
legislative session, the Wheat Commission will no longer be under
the direction of the Department of Agriculture, but will become an
independent entity. Pursuant to the statute, the employees of the
Wheat Commission will no longer be state employees. In addition,
while members of the Wheat Commission used to be appointed by the
Governor, they will now be elected through a statutorily prescribed
election process by which the Kansas growers of wheat will cast
ballots for the open positions.
QUESTION:
I. Are candidates for the Kansas Wheat Commission subject to the
Kansas Campaign Finance Act?
II. Are the Kansas Wheat Commission members and employees
required to file statement of substantial interests forms?
OPINION:
With regard to your first question, the Kansas Campaign Finance
Act (CFA) applies to all "candidates" as defined by K.S.A. 1999
Supp. 25-4143. That statute states in pertinent part:
"(a) 'Candidate' means an individual who:
"(1) Appoints a treasurer or a candidate committee;
"(2) makes a public announcement of intention to seek nomination
or election to state or local office;
"(3) makes any expenditure or accepts any contribution for such
person's nomination or election to any state or local office;
or
"(4) files a declaration or petition to become a candidate for
state or local office."
Therefore, to be a "candidate" for purposes of the Kansas Campaign
Finance Act, the individual must be running for a state or local
office. The term "state office" is defined by K.S.A. 25-2505(b):
" 'State office' or 'state officer' means the state
officers elected on a statewide basis, members of the house of
representatives and state senators, members of the state board of
education, district judges, district magistrate judges and district
attorneys."
The term "local office" is defined by K.S.A. 1999 Supp. 25-4143(q):
" 'Local office' means a member of the governing body
of a city of the first class, any elected office of a unified
school district having 35,000 or more pupils regularly enrolled in
the preceding school year, a county or of the board of public
utilities."
Pursuant to these statutes, the Wheat Commission is not a state or
local office. Therefore, a "candidate" for a seat on the Wheat
Commission is not a candidate running for state or local office and
is not governed by the Kansas Campaign Finance Act.
With respect to your second question, K.S.A. 46-247 details
which individuals are required to file statement of substantial
interest (SSI) forms. It states:
"The following individuals shall file written
statements of substantial interests, as provided in K.S.A. 46-248
to 46-252, inclusive, and amendments thereto:
"(a) Legislators and candidates for nomination or
election to the legislature;
"(b) individuals holding an elected office in the executive
branch of this state, and candidates for nomination or election to
any such office;
"(c) state officers, employees and members of boards, councils
and commissions under the jurisdiction of the head of any state
agency who are listed as designees by the head of a state agency
pursuant to K.S.A. 46-285, and amendments thereto;
"(d) individuals whose appointment to office is subject to
confirmation by the senate whether or not such individual is a
state officer or employee;
"(e) general counsels for state agencies irrespective of how
compensated;
"(f) the administrator or executive director of the education
commission of the states, the interstate compact on agricultural
grain marketing, the Mo-Kan metropolitan development district and
agency compact, the Kansas City area transportation district and
authority compact, the midwest nuclear compact, the central
interstate low-level radioactive waste compact, the multistate tax
compact, the Kansas-Oklahoma Arkansas river basin compact, the
Kansas-Nebraska Big Blue river compact, and the multistate
lottery;
"(g) private consultants under contract with any agency of the
state of Kansas to evaluate bids for public contracts or to award
public contracts."
Because the Commissioners and candidates for the Commission will be
"elected" by the Kansas wheat growers the Commissioners are
"individuals holding an elected office in the executive branch of
this state" and candidates for the Commission are "candidates for
nomination or election to any such office." Therefore,
Commissioners and candidates for the Commission must file SSI
forms. On the other hand, the Commission's staff do not fit into
any of the categories listed in subsections (a) through (g) and,
therefore, would not be required to file SSI forms.
Sincerely,
Daniel Sevart, Chairman
By Direction of the Commission
DS:VMG:dlw
