October 24, 2018
Opinion No. 2018-06
Synopsis: 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.
Cited herein: K.S.A. 46-225, 46-295.
TO ALL INTERESTED PERSONS:
Pursuant 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.
ISSUE
When 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?
ANALYSIS AND OPINION
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.
Sincerely,
G. Daniel Harden, Chairman
By Direction of the Commission
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