“Issue advocacy” rules and less openness by some universities are among recommendations for new laws to be sent to the legislature by the Kansas Governmental Ethics Commission.

One new law would require those involved with “issue advocacy” to file contribution and expenditure reports like candidates and PACs if they spend $300 or more to engage in communications with voters 30 days before a primary election, or 60 days before a general election.

The second recommendation would make permanent a one-year law allowing college professors making more than $50,000 at Board of Regents‘ universities to file conflict of interest statements with their local institutions instead of the Ethics Commission. Universities’ open records rules vary from state law.

While this second proposal would reduce duplication between local filings and state filings, the result of the proposal would eliminate the online filings that can be viewed at any time (but with registration) from the Kansas Secretary of State.

There is no uniformity among state universities on how they deal with open record requests. In September the Kansas Watchdog under the Kansas Open Records Act requested via E-mail a list from six state universities of their faculty members who had to file the conflict of interest forms, and a separate list of those who were delinquent in their filings. The request was to obtain lists in electronic format, if possible.

The range of responses included:

• Emporia State University promptly replied to the E-Mail request with an Excel file. Fort Hays State was a bit slower in responding but provided an Excel file. Neither charged a fee for this open records request.
• Wichita State and Pittsburg State promptly replied via regular mail with lists on paper, but did not charge a fee for the information.
• KU  promptly replied by regular mail and for a fee of $11.55 sent the requested information on a CD-ROM.
• K-State promptly replied via E-mail that their procedure required re-submission of the request in writing — E-mail was not acceptable. Payment must be a certified check or money order. (KU accepted a personal check). The cost to inspect records at K-State would be $25.00/hour. Compared to other universities, K-State is not very open to open record requests.

Listen to the discussion by the Kansas Governmental Ethics Commission at their recent meeting about their recommendations to the legislature:

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Outline of audio clip:

0:05 Executive Director Carol Williams: No advisory opinion that showed need for law change this year.
0:22 2004 recommendation was to require more disclosure by advocacy groups for “issue ads”
1:04 Improvements in recent years: last minute reports, more info from PACs, attribution at beginning of phone calls,
1:35 Because of outside organizations some candidates in 2008 didn’t have to raise any money at all
1:48 Issue advocacy vs. express advocacy.
2:08 Issue advocacy law now allows coordination with candidates.
2:35 Some legislators want to change law about issue advocacy since they feel they are losing control of their own elections.
2:53 “The League of Women Voters on a statewide basis will be supporting this legislation. They’re going to make this one of their signature pieces for the legislative session.”
3:05 Do you want to make that an official legislative recommendation?
3:13 Chairwoman Sabrina Standifer: Just to clarify
3:24 Williams: issue advocacy groups would file just like other organizations if they use any form of communications with voters 30 days before primary election or 60 days before general election if $300 or more is spent
4:39 Standifer: “There’s no cap?”
4:51 Williams: 8-12 states have enacted this. There is an issue before the U.S. Supreme Court but is has nothing to do with issue advocacy.
5:33 Those who are opposed throw out court cases that have nothing to do with disclosure of issue advocacy.
5:56 Commissioner Mark Simpson: Two questions: Does money have to be spent 30 days out?
6:02 Williams: Explanation of 30 day rule and issue advocacy.
6:44 “More common one is by Americans for Prosperity:” e.g., Call Senator Emert and thank him …
7:10 Simpson: Clarification of 30-day trigger?
7:25 Williams: Explains 30-day mechanism.
8:26 Simpson: Coordination issue? Should that be allowed?
8:45 Williams: Falls outside our laws.
9:00 Commissioner Tim Emert: “Great policy” but doesn’t have good chance of being passed.
9:11 Commissioner John Solbach: “It wouldn’t surprise me if this would pass.”
9:43 Williams: Other recommendation: The one-year law by the legislature about professors making $50K or more per year be allowed to file statements of substantial interest with institution instead of Ethics Commission should be made permanent.
10:58 Solbach: Calls both questions for a vote.
11:13 Standifer holds voice vote. “Both motions carry” unanimously.

Other details of the recent Ethics Commission meeting are shown in a separate blog posting, including:

• 2009 Annual Report
• Notice of Public Hearing
• Civil Penalty Assessment Orders
• Advisory Opinion
• Live Tweets from Commission Meeting

Related

• 2009 Annual Report from Kansas Governmental Ethics Commission, Kansas Watchdog, Nov 23, 2009.
• You work for the State of Kansas and a vendor gives you KU football tickets. Ethics issue? [Sept. Ethics Commission meeting], Kansas Watchdog, Sept 19, 2009.
• New Ethics Laws Enacted by the Kansas Legislature, Kansas Meadowlark, May 16, 2009.
• Fort Hays Prof Fined $300 by Ethics Commission, Kansas Meadowlark, March 18, 2009.