October 24, 2018
Opinion No. 2018-06
Under K.S.A. 46-295, a registered lobbyist must report receipt of public funds
for lobbying services and services directly related to lobbying. Public funds
received by registered lobbyists for other services not related to lobbying,
even if received under the same contract, are not reportable.
herein: K.S.A. 46-225, 46-295.
TO ALL INTERESTED PERSONS:
to K.S.A. 46-254, the Kansas Governmental Ethics Commission issues this opinion regarding the receipt of public funds
by registered lobbyists for lobbying services on behalf of a governmental
entity or association of governmental entities.
reporting receipt of public funds for services provided to governmental
entities pursuant to K.S.A. 46-295, does a registered lobbyist report the total
received for all services provided or only the portion received for lobbying?
Interpretation of this requirement
depends upon whether a person, who meets the definition of a registered
lobbyist, is contracted for multiple roles with a public entity. A lobbyist
contracted solely for lobbying should report the entire amount of the contract,
even if they do not expend that amount to lobby—the K.S.A. 46-295 reporting
requirement is about the amount received by a lobbyist, not the amount
expended. A lobbyist, contracted for lobbying as well as for other
nonlobbying-related tasks, should report the approximate amount of the contract
attributable to lobbying services. Further, if a lobbyist receives public funds
from a public entity for a specific task, such as research, if the research was
made preliminary to, or in support of, lobbying, then this amount would also
need to be reported.
In closing, the Commission suggests
that registered lobbyists may seek guidance from Commission staff regarding
services that constitute lobbying, pursuant to K.S.A.46-225.
Daniel Harden, Chairman
Direction of the Commission