reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-1 - Filing of complaint

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any complainant shall sign and file with the commission a
				verified complaint in writing. Assistance in drafting and filing complaints
				shall be available through the commission and its staff.
(b) If a commissioner files a complaint, that commissioner
				shall be disqualified from the commission's consideration of the complaint. The
				commissioner shall have the rights, duties, and liabilities of a party to a
				proceeding thus initiated.
(c) The executive director shall file a complaint following the
				completion of an investigation conducted pursuant to K.A.R. 19-3, if in the
				executive director's judgment there is probable cause to believe that a
				provision of relevant law has been violated.
(d) The executive director shall file a complaint when any
				person has failed to file any report at the time and in the manner required by
				relevant law, unless the executive director finds that for good cause a
				complaint should not be filed. In either case, the executive director shall
				report to the commission at its next meeting.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-2 - Form and content of complaint

Current through Register Vol. 43, No. 28, July 11, 2024
The complaint shall be in writing on a form obtained at the
				commission office. The original complaint shall be signed and verified before a
				notary public or other person duly authorized by law to take acknowledgements.
				A complaint shall contain the full name and address of the complainant and the
				full name and address of the respondent. The complaint shall also contain
				simple and concise statements of the facts or information and belief upon which
				the allegation of a violation is based. It shall include, where known, the
				dates and places of occurrences that are described and the names of the
				participants and the section or sections of law which are alleged to have been
				violated.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-3 - Amendment and withdrawal

Current through Register Vol. 43, No. 28, July 11, 2024
The commission or the complainant shall have the power to
				reasonably amend the complaint as a matter of right at any time before hearing
				thereon, and thereafter at the discretion of the presiding member. The
				respondent and the complainant shall be notified of any such amendment in
				writing by the commission. The complaint may be withdrawn by the complainant at
				any time before a final determination of probable cause. After service of a
				notice of hearing, the complainant may request and the commission shall decide
				whether or not a complaint may be withdrawn.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-5 - Respondent's review of evidence

Current through Register Vol. 43, No. 28, July 11, 2024
After a verified complaint has been filed with the commission,
				the respondent shall be entitled to examine and make copies of all evidence in
				the possession of the commission relating to the complaint; provided that those
				matters which do not constitute evidence, including the work product of the
				commission or its staff, need not be provided to the respondent. The materials
				shall be provided in a timely manner by the executive director, after approval
				by the commission's attorney.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-6 - Sufficiency of complaint

Current through Register Vol. 43, No. 28, July 11, 2024
Upon acceptance of a complaint for filing, the commission shall
				determine whether the complaint alleges facts, directly or upon information and
				belief, sufficient to constitute a violation of relevant law. If the complaint
				is found to be sufficient, the commission shall promptly conduct or cause to be
				conducted a preliminary investigation of the alleged violation.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-7 - Probable cause

Current through Register Vol. 43, No. 28, July 11, 2024
At the conclusion of a preliminary investigation, the
				commission shall determine whether probable cause exists for believing the
				allegations of the complaint. The commission shall give the respondent an
				opportunity, in person or through counsel, to submit a written statement prior
				to the determination. If the commission determines that probable cause does
				exist, the complaint and any amendments thereto shall become a public record
				and the commission shall fix a time for a hearing in the matter which shall be
				not more than thirty (30) days after a final determination of probable cause is
				made. Notice of this determination shall be sent to all parties.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-8 - Preservation of records

Current through Register Vol. 43, No. 28, July 11, 2024
Books, papers, documents, or records of any form which are
				relevant to the scope of any investigation as defined in the complaint shall be
				preserved during the pendency of any proceedings by all parties to the
				proceedings unless the commission specifically orders otherwise.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 5 - COMPLAINTS › Section 19-5-9 - Dismissal before hearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Dismissal. If the commission finds that it lacks
				jurisdiction or that probable cause does not exist, the complaint shall be
				dismissed with or without prejudice to the respondent.
(b) Service. When a complaint is dismissed before hearing, the
				commission shall issue and cause to be served upon each party a copy of the
				order dismissing the complaint, and stating the grounds and conditions of such
				dismissal.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 6 - DISCLOSURE AND CONFIDENTIAL PROCEDURES › Section 19-6-1 - Nondisclosure and public record

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Except as otherwise provided by relevant law and as
				provided in K.A.R. 19-5-5, the following shall be confidential:
(A) All records, complaints, and documents of the commission
				and all reports filed with, submitted to, or made by the commission; and
(B) all records and transcripts of investigations, inquiries,
				and hearings of the commission under
				K.S.A.
				46-215  et seq. and
				K.S.A.
				25-4142  et seq. and amendments
				thereto.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 6 - DISCLOSURE AND CONFIDENTIAL PROCEDURES › Section 19-6-2 - Executive session

Current through Register Vol. 43, No. 28, July 11, 2024
The commission shall meet in executive session to consider
				those matters required by relevant law to be confidential. Attendance shall be
				limited to commission members, authorized staff, and such witnesses or other
				persons and their respective counsel as are allowed by the commission, at the
				time scheduled for their appearance. Any party may request at any time during
				the course of a public proceeding that the commission close the proceedings to
				the public. For good cause found within the meaning of the relevant law
				requiring confidentiality, the commission may adjourn into executive session
				for consideration of those matters required to be kept confidential. The
				commission upon its own motion for such purpose and upon such a finding may
				adjourn a public proceeding into an executive session.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 6 - DISCLOSURE AND CONFIDENTIAL PROCEDURES › Section 19-6-3 - Communication with commission

Current through Register Vol. 43, No. 28, July 11, 2024
Except as expressly permitted herein, parties and their
				representatives shall not initiate private communications with a commissioner
				in regard to the case involved, nor shall commissioners privately communicate
				with the parties or their representatives or witnesses.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-1 - Answer

Current through Register Vol. 43, No. 28, July 11, 2024
The respondent against whom a verified complaint, as the same
				may have been amended, is filed and on whom a notice of hearing has been
				served, may file a written verified answer in person or through an attorney
				within ten (10) days from the service of the notice of hearing. The answer
				shall contain a general or specific denial of each and every allegation of the
				complaint controverted by the respondent or a denial of any knowledge or
				information thereof sufficient to form a belief and a statement of any matter
				constituting a defense. Any allegation in the complaint which is not denied or
				admitted in the answer in the above manner, shall be deemed admitted. The
				answer or any part thereof may be amended as a matter of right at any time
				prior to ten (10) days before a public hearing and thereafter in the discretion
				of the presiding member on application duly made therefore. The commission may
				proceed, notwithstanding any failure of the respondent to file an answer within
				the time provided herein, to hold a hearing at the time and place specified in
				the notice of hearing and may make its findings of fact and enter its report
				and order upon the testimony taken at the hearing.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-2 - Waiver of hearing

Current through Register Vol. 43, No. 28, July 11, 2024
In any proceeding, if the petitioners or parties waive hearing,
				the commission may dispose of the matter upon the basis of the pleadings or
				submittals and the investigation.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-3 - Pre-hearing conference

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. In order to facilitate the hearing procedure,
				conferences may be held with the petitioners or between the parties with the
				approval or at the direction of the presiding member. The meetings are to be
				held before the presiding member as time and the nature of the proceeding
				permit. At any such conference, the following may be considered:
(1) The simplification of the issues.
(2) The exchange and acceptance of service of exhibits proposed
				to be offered into evidence.
(3) The admission or stipulations of facts not remaining in
				dispute.
(4) The authenticity of documents which might properly shorten
				the hearing.
(5) The limitation of the number of witnesses.
(6) The discovery or production of evidence.
(7) Such other matters as may properly be dealt with to aid in
				expediting the orderly conduct and disposition of the proceeding.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-4 - Hearings; appointment of presiding member

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Who shall conduct, appointment of presiding member.
				Hearings and rehearings shall be conducted by hearing commissioners designated
				by the chairperson. Such commissioners may consist of the commission as a whole
				or a committee thereof. If a committee of hearing commissioners is appointed,
				it shall consist of not less than three (3) members, not more than a majority
				shall be of the same political party. One hearing commissioner shall be
				designated as presiding member by the chairperson. The hearing commissioners
				and presiding member shall be designated when a final determination of probable
				cause is made or in a reasonable time thereafter. The hearing commissioners
				shall have full authority to review and overrule any decision of the presiding
				member regarding the procedure of the preconference hearing, hearings, and
				rehearings, including decisions to admit or exclude testimony or other
				evidence, and to rule upon all motions and objections.
(b) Order of procedure. In hearings, the petitioner,
				complainant, or other party having the burden of proof, as the case may be,
				shall open and close, unless otherwise directed by the presiding member. In
				proceedings where the evidence is peculiarly within the knowledge or control of
				another participant, the order or presentation may be varied by the presiding
				member.
(c) Presentation by the petitioners or parties. Petitioners or
				parties shall have the right of presentation of evidence, cross-examination,
				objection and motion. The taking of evidence and subsequent proceedings shall
				proceed with all reasonable diligence and with the least practicable delay.
				When objections to the admission or exclusion of evidence before the presiding
				member are made, the grounds relied upon shall be stated briefly. Formal
				exceptions are unnecessary and shall not be taken to rulings thereon.
(d) Oral examination. Witnesses whose testimony is to be taken
				shall be sworn, or shall affirm, before their testimony shall be deemed
				evidence in the proceeding or any questions are put to them.
(e) Fees of witnesses. Witnesses subpoenaed by the commission
				shall be paid the same fees and mileage as are paid for like services in civil
				actions in the district court.
(f) Duties of the presiding member. Duties of the presiding
				member include, but are not limited to, the following:
(1) administer the oath;
(2) rule on proof;
(3) regulate the hearing;
(4) exclude people from the hearing;
(5) hold conferences for simplification of issues;
(6) dispose of procedural requests;
(7) authorize and set times for filing of briefs;
(8) grant continuances;
(9) and take any other action consistent with the purpose of
				relevant law administered by the commission and consistent with these rules.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-5 - Subpoenas

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Issuance. Subpoenas for the attendance of witnesses or for
				the production of evidence, unless directed by the commission upon its own
				motion, will issue only upon application in writing to the commission or the
				presiding member, except that during a hearing, such application may be made
				orally on the record. Such applications shall specify as nearly as may be the
				general scope of the testimony or evidence sought, including as to evidence,
				specification as nearly as may be, of the documents desired. The presiding
				member shall sign subpoenas issued pursuant to this section or when convenient
				or necessary may direct the executive director to sign subpoenas on the
				presiding member's behalf.
(b) Service and return. If service of subpoena is made by a
				sheriff or like officer or his deputy, such service shall be evidenced by his
				return thereof. If made by another person, such person shall make affidavit
				thereof, describing the manner in which service was made, and shall return such
				affidavit. In case of failure to make service, the reasons for the failure
				shall be stated on the original subpoena. In making service, a copy of the
				subpoena shall be exhibited to and left with the person to be served, or to a
				person of suitable age and discretion residing in that person's dwelling,
				house, or usual place of abode, or to an agent authorized by appointment or by
				law to receive service of process for the person to be served. The original
				subpoena, bearing or accompanied by the authorized return, affidavit or
				statement, shall be returned forthwith to the office of the commission or, if
				so directed on the subpoena, to the presiding member before whom the person
				named in the subpoena is required to appear.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-6 - Depositions

Current through Register Vol. 43, No. 28, July 11, 2024
The testimony of any witness may be taken by deposition by a
				party upon approval by the hearing commissioners or the presiding member any
				time before the hearing is closed. Unless notice is waived, no deposition shall
				be taken unless at least ten (10) days notice is given to all parties. The
				procedures utilized in the Kansas Code of Civil Procedure relative to
				depositions shall be utilized herein except as modified by these rules. No part
				of a deposition shall constitute a part of the formal record in the proceeding,
				unless received in evidence. Deponents and the notarial officers taking such
				depositions shall be entitled to the same fees as are paid for like services in
				civil actions before the district courts. The fees shall be paid by the party
				at whose instance the depositions are taken. When the party at whose instance
				the depositions are taken is a member of the commission or its staff, the
				commission shall pay such fees. Upon written application requesting deposition
				by written questions, the presiding member may for good cause permit such a
				deposition according to such terms and scope as directed by said presiding
				member.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-7 - Motions

Current through Register Vol. 43, No. 28, July 11, 2024
All motions, except those made at a pre-hearing conference,
				hearing or rehearing shall be in writing. The presiding member is authorized to
				rule upon any motion except a motion made before or during a hearing which
				would involve or constitute a final determination of the proceeding or a motion
				pursuant to   K.A.R. 19-1-13. A presiding member may refer any motion to the
				hearing commissioners or commission for ultimate determination.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-8 - Evidence

Current through Register Vol. 43, No. 28, July 11, 2024
In any proceeding before the hearing commissioners or a
				presiding member, relevant and material evidence shall be admissible, but there
				shall be excluded such evidence as is unduly repetitious or cumulative, or such
				evidence as is not of any probative value. The presiding member shall rule on
				the admissibility of all evidence, and shall otherwise control the reception of
				evidence so as to confine it to the issues in the proceeding. The production of
				further evidence upon any issue may be ordered. Direct testimony of any witness
				may be offered as an exhibit, or as prepared written testimony to be copied
				into the transcript. Cross-examination of the witness presenting such written
				testimony or exhibit shall proceed at the hearing at which such testimony or
				exhibit is authenticated. Whenever in the circumstances of a particular case it
				is deemed necessary or desirable, the hearing commissioners or the presiding
				member may direct that testimony to be given upon direct examination shall be
				reduced to exhibit form or to the form of prepared written testimony.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-9 - Briefs

Current through Register Vol. 43, No. 28, July 11, 2024
Upon application to the presiding member, any party may as a
				matter of right file briefs. The presiding member shall set limits on the
				length of briefs, fix the time for the filing and service of briefs and set the
				order in which such briefs shall be filed, giving due regard to the nature of
				the proceeding, the magnitude of the record, and the complexity or importance
				of the issues involved. Briefs shall contain, where applicable:
(1) a concise statement of the case;
(2) an abstract of the evidence relied upon by the participant
				filing, preferably assembled by subjects, with references to the pages of the
				record or exhibits where the evidence appears; and
(3) proposed findings and conclusions and, if desired, a
				proposed form of order together with the reasons and authorities therefore,
				separately stated.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-10 - Recording and transcript

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Recording of proceedings. Public hearings and executive
				sessions shall be recorded as directed by the commission. Such record shall be
				the sole official record. Such recording and any transcripts from the hearing
				shall include a verbatim report of the hearings and nothing shall be omitted
				from them except as directed by the presiding member or hearing commissioners
				or by the commission.
(b) Copies. Petitioners or parties may obtain copies of the
				public portion of the record. They may obtain the portion of the record from an
				executive session as the commission may specifically allow to a petitioner or
				party depending on his or her participation in the executive session or
				consistent with K.A.R. 19-5-5, and consistent with the confidentiality
				requirement of relevant law. Copies of the records may be obtained from the
				official reporter upon payment of the reporter's fees or as allowed by the
				commission upon payment of the appropriate fee.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-12 - Proposals by the petitioners or parties

Current through Register Vol. 43, No. 28, July 11, 2024
There may be presented by petitioners or by each of the
				parties, as allowed or directed by the presiding member, proposed findings and
				conclusions. The reasons, and proposed forms of orders may be presented also.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-13 - Recommended report

Current through Register Vol. 43, No. 28, July 11, 2024
If a hearing is held by a committee of the commission, the
				presiding member thereof shall present, as soon as practicable, a recommended
				report adopted by a majority of the committee to the commission as a whole.
				Copies of the recommended report shall be served on the petitioners or parties.
				Dissenting recommendations may also be filed by a hearing commissioner.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-14 - Appeal, briefs and oral argument to entire commission

Current through Register Vol. 43, No. 28, July 11, 2024
Any petitioner or party may make exceptions to the recommended
				report and by motion request an opportunity to present an oral argument to the
				entire commission. An oral argument motion shall be filed within ten (10) days
				from the date of service of the recommended report. If an oral argument is
				ordered, it shall be limited, unless otherwise specified, to matters properly
				raised by the motion and in any accompanying briefs.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-15 - Commission report and order

Current through Register Vol. 43, No. 28, July 11, 2024
Upon receipt of a recommended report or when the commission as
				a whole hears a complaint, the commission shall as soon as practicable issue
				its report. All reports and orders of the commission shall, subject to
				application for rehearing, be final. A report of the commission shall set forth
				the findings and conclusions of the commission and may include an opinion
				containing the reasons for said decision. The report may be accompanied by a
				notice of the right to apply for a rehearing.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 7 - PROCEEDINGS › Section 19-7-16 - Rehearing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. Any petitioner or party alleging any error in the
				original proceedings or report shall request a rehearing. An application for
				rehearing shall be filed with the commission at its office within ten (10) days
				after service of a commission report. Such application shall be made by motion,
				stating specifically the grounds relied on. A copy of such application shall be
				served on all petitioners or parties in conformity with the service provisions
				of these rules, by the petitioner or party making such application. An
				application for rehearing shall contain:
(1) the docket number of the case for which such application is
				being made;
(2) the name of the petitioner or party making such
				application; and
(3) such application shall state concisely and specifically the
				alleged errors for which a rehearing is sought. If vacation, reversal or
				modification is sought by reason of matters which have arisen since the hearing
				and decision, the matters relied upon shall be identified in the application.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 8 - ACTION SUBSEQUENT TO FINAL REPORT › Section 19-8-1 - Commission action

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Dismissal.
The commission shall dismiss a complaint and all matters
				relative thereto if the final report concludes there has been no violation of
				relevant law.
(b) Report transmittal. If the final report concludes there has
				been a violation of relevant law, copies of the report shall be forthwith
				submitted to the attorney general and appropriate county or district attorney,
				and to the supreme court, legislature or governor as required by relevant law
				according to the particular violation found.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 8 - ACTION SUBSEQUENT TO FINAL REPORT › Section 19-8-2 - Information release to government attorneys

Current through Register Vol. 43, No. 28, July 11, 2024
Confidential portions of the formal record in any proceeding,
				or any other information relative thereto, may by resolution of the commission
				specifically authorizing such release upon a finding such information is
				material to a matter pending before the attorney general or a county or
				district attorney, be released to said government attorneys. Application by
				such government attorneys to the commission for information release shall
				provide such information to the commission as is necessary for the commission
				to make the required finding.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 9 - MAINTENANCE OF PUBLIC RECORDS › Section 19-9-1 - Maintenance of public records

Current through Register Vol. 43, No. 28, July 11, 2024
Each statement, report, affidavit, or other document which is
				required to be filed or is filed pursuant to   K.A.R. 19-1  to    K.A.R. 19-63   shall
				be kept and maintained by the office with which it is filed for a period of
				five (5) years from the date of filing. At the termination of the five (5) year
				period, any office wishing to destroy such documents shall notify the
				commission in writing of its intent to destroy such documents sixty (60) days
				prior to destruction. Unless otherwise provided by law, the commission may at
				any time prior to the termination of the notice period serve upon the office
				written notice that it shall maintain such records or portions therefore for
				such additional periods of time as the commission may determine is reasonable
				and necessary.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 20 - CAMPAIGN FINANCE ACT; GENERAL PROVISIONS › Section 19-20-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The term "act," unless the context requires otherwise,
				means K.S.A. 25-4142  et seq., including related amendments, supplemental
				legislation, and rules and regulations.
(b) "In-kind contribution" means a contribution of goods,
				services, or anything of value to a candidate, candidate committee, party
				committee, or any representative of them without charge or provision of such
				items at a charge to the recipient of less than the fair market value. "In-kind
				contribution" also means the use of any goods, services, or anything of value,
				or the spending of any money, for the benefit of any candidate, candidate
				committee, party committee, or political committee when the use or expenditure
				is made in cooperation with or with the consent of the candidate, committee, or
				representative of them.
(c) "Session" means both the regular and special sessions of
				the legislature. Regular session includes the time period commencing January 2
				through final adjournment. Special session includes the time of commencement
				through final adjournment.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 20 - CAMPAIGN FINANCE ACT; GENERAL PROVISIONS › Section 19-20-3 - Construction

Current through Register Vol. 43, No. 28, July 11, 2024
K.A.R. 19-20  to  19-30,  inclusive, shall be liberally construed
				to accomplish the purposes of the act including the administration of fair and
				open elections.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 20 - CAMPAIGN FINANCE ACT; GENERAL PROVISIONS › Section 19-20-4 - Disclosures required on political advertising

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each disclosure required pursuant to K.S.A.
				25-4156(b)(1)(A)-(C)  and amendments thereto shall appear at the bottom of the
				advertisement or item and shall contain both the name of the chairperson,
				treasurer, or other responsible party and the name of the organization that the
				responsible party represents. With regard to the required disclosure, the
				following requirements shall apply:
(1) The name of the organization alone shall not be sufficient.
(2) If a political committee is responsible for the
				advertisement or item, the chairperson's name and the name of the political
				committee shall be disclosed.
(3) If a candidate or candidate committee is responsible for
				the advertisement or item, the treasurer's name and the name of the candidate
				or candidate committee shall be disclosed.
(4) If an organization that has a chairperson, other than a
				political committee, candidate, or candidate committee, is responsible for the
				advertisement or item, the chairperson's name and the name of the responsible
				organization shall be disclosed.
(5) If an organization that does not have a chairperson, other
				than a political committee, candidate, or candidate committee, is responsible
				for the advertisement or item, then the responsible individual listed shall be
				one of the following:
(A) The individual who is the primary funding source;
(B) if no individual is the primary funding source, the
				individual who controlled the decision to place the advertisement or produce
				the item; or
(C) if no one individual controlled the decision, the
				individual who controlled the funds.
(6) If an individual is responsible for the item, that
				individual's name shall be disclosed, unless the advertisement or item is a
				brochure, flier, or other political fact sheet and the individual makes
				expenditures in an aggregate amount of less than $2,500 within a calendar year.
(7) The following disclosures shall be considered adequate when
				placed at the bottom of the advertisement or item:
(A) Paid for by the (name of candidate) campaign, (name of
				treasurer), treasurer;
(B) paid for by (name of candidate) for (title of office
				sought), (name of treasurer), treasurer;
(C) sponsored by the committee to elect (name of candidate),
				(name of chairperson), chairperson;
(D) paid for by (name of political action committee) political
				action committee, (name of treasurer), treasurer; and
(E) advertisement: paid for by committee to elect (name of
				candidate), (name of chairperson), chairperson.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 20 - CAMPAIGN FINANCE ACT; GENERAL PROVISIONS › Section 19-20-5 - Use of public funds, machinery, equipment, and supplies

Current through Register Vol. 43, No. 28, July 11, 2024
Postal or internet addresses that "expressly advocate the
				nomination, election or defeat of a clearly identified candidate," as defined
				by K.S.A. 25-4143  and amendments thereto, shall not be included in a
				communication generated or distributed using public funds, machinery,
				equipment, or supplies.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 21 - CANDIDATES AND COMMITTEES › Section 19-21-1 - Candidate appointment of treasurer or committee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whenever any of the tests set forth in 1981 Kansas Session
				Laws, Chapter 171, Sec. 2(a) are met, an individual becomes a candidate on the
				date that test is met.
(1) For the purpose of this section, an appointment does not
				take place until an agency relationship is completed and the individual to be
				appointed takes significant action based on that relationship which is intended
				to influence the nomination or election to state office of the individual
				considering seeking that office.
(2) An announcement is not a public announcement unless it is
				intended to inform the general public that the individual is seeking nomination
				or election to state office.
(3) An individual makes a public announcement, or makes an
				expenditure or accepts a contribution if the individual does so directly, or
				directly or indirectly authorizes another to do so on the individual's behalf
				or directly or indirectly ratifies the action of another.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 21 - CANDIDATES AND COMMITTEES › Section 19-21-2 - Candidate committees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. A candidate appoints a committee either directly
				or if he or she directly or indirectly authorizes a group of individuals to
				receive contributions or make expenditures on the candidate's behalf, or
				ratifies the actions of such group. A candidate shall have no more than one
				candidate committee at any one time.
(b) Appointment of officers and structure. The candidate shall
				appoint one chairperson and one treasurer of the candidate committee for the
				purposes of the act. A candidate or candidate committee member may serve as
				both chairperson and treasurer for a candidate committee. The committee may
				consist of such other officers as the candidate may desire including
				co-chairpersons. A candidate committee may be divided into regional and local
				subdivisions as long as such subdivisions are under the direct control of the
				chairperson and treasurer and such subdivisions otherwise comply with the terms
				of the act.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 21 - CANDIDATES AND COMMITTEES › Section 19-21-3 - Political committees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. The following factors shall be considered in
				determining whether a combination of two or more persons, or a person other
				than an individual, constitutes a political committee:
(1) The intent of the person or persons;
(2) the amount of time devoted to the support or opposition of
				one or more candidates for state office;
(3) the amount of time devoted to the support or opposition of
				any other political committee or party committee;
(4) the amount of contributions, as defined by the act, made to
				any candidate, candidate committee, party committee or political committee;
(5) the amount of expenditures, as defined by the act, made on
				behalf of any candidate, candidate committee, party committee or political
				committee; and
(6) the importance to any candidate, candidate committee, party
				committee or political committee of the activities in which the person or
				persons engage.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 21 - CANDIDATES AND COMMITTEES › Section 19-21-4 - Party committees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Party committees do not include committees authorized and
				regulated by K.S.A. 25-3803  or 25-3806. These committees may, however, in
				appropriate circumstances constitute political committees under K.A.R. 19-21-3.
(b) A party committee shall be subject to the same requirements
				as a political committee as set out in K.A.R. 19-21-3(b) and (d). However,
				county central committees shall not be deemed, for the purpose of this section,
				to be affiliated or connected organizations of their respective state
				committees.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 21 - CANDIDATES AND COMMITTEES › Section 19-21-5 - Other reporting persons

Current through Register Vol. 43, No. 28, July 11, 2024
Every person, other than a candidate or a candidate committee,
				party committee, or political committee, who makes independent contributions or
				expenditures other than by contribution to a candidate or a candidate
				committee, party committee, or political committee, in an aggregate amount of
				one hundred dollars ($100) or more within a calendar year shall make verified
				statements containing the information required by   K.A.R. 19-29-2   on forms
				prescribed and provided by the commission, and file them in the office of the
				secretary of state so that each statement is in that office on the day
				specified in 1981 Kansas Session Laws, Chapter 171, Sec. 7. Reports made under
				this section need not be cumulative. For the purposes of this section,
				"independent contributions and expenditures" means contributions or
				expenditures made without cooperation or consent of the candidate or committee
				intended to be benefited and which expressly advocate the election or defeat of
				a clearly identified candidate.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 21 - CANDIDATES AND COMMITTEES › Section 19-21-6 - Out-of-state committees, and persons

Current through Register Vol. 43, No. 28, July 11, 2024
Any combination of three or more individuals or a person other
				than an individual, not domiciled in this state, which is required to file a
				verified statement pursuant to K.S.A. 25-4172  as amended by L. 1986, Ch. 144,
				§ 1 shall include the names and addresses of contributors who are
				residents of Kansas, non-residents with jobs in Kansas, and those making
				contributions earmarked for use in Kansas. Other contributions may be disclosed
				in the aggregate.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 22 - CONTRIBUTIONS AND OTHER RECEIPTS › Section 19-22-1 - Contributions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) General. None of the following shall constitute a
				contribution if the transaction is made in the ordinary course of business or
				complies with common trade practices and the transaction does not have as its
				purpose the nomination, election, or defeat of a clearly identified candidate
				for state office:
(1) A transfer of goods and services;
(2) the forgiving of a debt; or
(3) the rendering of a discount.
The carryover of funds or inventory by a candidate, candidate
				committee, party committee, or political committee from one election period to
				another shall not constitute a contribution.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 23 - EXPENDITURES AND OTHER DISBURSEMENTS › Section 19-23-1 - Expenditures

Current through Register Vol. 43, No. 28, July 11, 2024
Costs associated with attending informational meetings of the
				commission or otherwise obtaining information from the commission shall not
				constitute expenditures. Costs associated with defending actions brought
				pursuant to the act shall not constitute expenditures. Costs associated with
				employing accountants, attorneys, or other persons for advice concerning the
				requirements of the act or for keeping accounts and records shall constitute
				expenditures.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 23 - EXPENDITURES AND OTHER DISBURSEMENTS › Section 19-23-2 - Other disbursements

Current through Register Vol. 43, No. 28, July 11, 2024
Other disbursements include but are not limited to:
(a) the repayment of loans by a treasurer in his or her
				official capacity as such;
(b) the disbursement of illegal contributions;
(c) the payment of recoverable security deposits; and
(d) transfers to other treasurers or to a successor committee
				which do not constitute expenditures.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 24 - IN-KIND CONTRIBUTIONS › Section 19-24-1 - Value of an in-kind contribution

Current through Register Vol. 43, No. 28, July 11, 2024
The value of an in-kind contribution shall equal the fair
				market value of the item or service if it had been purchased, sold, or leased
				in the ordinary course of business. When a charge is made for an item or
				service which is less than the fair market value, then the difference between
				the fair market value and the charge shall be the value of the in-kind
				contribution. The donor of the item or service shall place the value on the
				in-kind contribution when given. The treasurer may question the value set by
				the donor if it appears unreasonable and shall revalue the in-kind contribution
				to a reasonable value.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 24 - IN-KIND CONTRIBUTIONS › Section 19-24-2 - Candidate in-kind contributions

Current through Register Vol. 43, No. 28, July 11, 2024
The transfer of anything of value by the candidate to his or
				her campaign without charge or at a charge of less than the fair market value
				constitutes an in-kind contribution. That payment by a candidate or the
				candidate's spouse for personal meals, lodging and travel by personal
				automobile of the candidate or the candidate's spouse while campaigning does
				not constitute an in-kind contribution.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 24 - IN-KIND CONTRIBUTIONS › Section 19-24-3 - Endorsements, voter registration drives and related matters

Current through Register Vol. 43, No. 28, July 11, 2024
The costs associated with any news story, commentary, or
				editorial distributed in the ordinary course of business by a broadcasting
				station, newspaper or other periodical publication does not constitute an
				in-kind contribution. In addition, costs associated with nonpartisan activities
				designed to encourage individuals to register to vote or to vote do not
				constitute in-kind contributions. Finally, the costs associated with internal
				organizational communications of business, labor, professional or other
				associations which merely endorse a candidate do not constitute in-kind
				contributions.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 24 - IN-KIND CONTRIBUTIONS › Section 19-24-4 - Volunteer service

Current through Register Vol. 43, No. 28, July 11, 2024
The value of volunteer services provided without compensation
				does not constitute an in-kind contribution. Costs to a volunteer which are
				related to the rendering of volunteer services which do not exceed a fair
				market value of fifty dollars ($50) during an allocable election period are
				also excluded from the definition of in-kind contribution. Once the fifty
				dollar ($50) limit is reached in any allocable period, the excess during that
				period constitutes an in-kind contribution. For the purpose of   K.A.R. 19-24   a
				candidate shall be considered a volunteer.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 24 - IN-KIND CONTRIBUTIONS › Section 19-24-5 - Campaign worker expenditures

Current through Register Vol. 43, No. 28, July 11, 2024
When a campaign worker is reimbursed for payments the worker
				has made during the same allocable election period in which the payment is
				made, the campaign worker has not made an in-kind contribution. Payments which
				are not reimbursed in the same allocable election period in which they are made
				constitute in-kind contributions.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 24 - IN-KIND CONTRIBUTIONS › Section 19-24-6 - General overhead and other costs

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Party committees. Expenditures by a party committee for its
				own general overhead, salaries and supplies do not constitute reportable
				in-kind contributions to the candidates of the party. Other expenditures by a
				party committee which are intended to accrue to the equal benefit of its
				candidates do not constitute reportable in-kind contributions. In addition,
				costs associated with the provisions of campaign materials and general advice
				by a party committee to its candidates do not constitute reportable in-kind
				contributions to the recipient except to the extent the materials are prepared
				for a specific candidate or the advice is of a specialized nature and the value
				exceeds fifty dollars ($50) in any allocable election period.
(b) Affiliated or connected organizations of political
				committees. Expenditures by an affiliated organization of a political
				committee, to the extent the expenditures exceed fifty dollars ($50) during an
				allocable period for the use of office space to a political committee
				constitute reportable in-kind contributions to the committee. Costs associated
				with the provision of supervisory personnel, clerical or secretarial assistance
				constitute reportable in-kind contributions to the extent the costs exceed a
				value of fifty dollars ($50) during an allocable election period. Where the
				supervisory personnel, clerks or secretaries volunteer their time and are not
				reimbursed no in-kind contribution exists. In addition, the provision of office
				supplies and telephone services by an affiliated organization to its political
				committee constitute reportable in-kind contributions but only to the extent
				the value exceeds fifty dollars ($50) during an allocable election period.
Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 25 - TESTIMONIAL EVENTS AND OTHER POLITICAL EVENTS › Section 19-25-1 - Testimonial events

Current through Register Vol. 43, No. 28, July 11, 2024
When a testimonial event is held for the benefit of more than
				one candidate, except when an individual contributor dedicates a contribution
				to a particular candidate, the value of each contribution or in-kind
				contribution shall be attributed to each candidate in the same ratio as that by
				which the candidates share the profits from the event, or, if there are no
				profits, in the same ratio by which the candidates share the expenses of the
				event. An event is held to raise funds if it is intended to do so, or if not
				intended to do so, if the effect is nonetheless attained.