SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 301
As Amended by Senate Committee of the Whole
Brief*
SB 301, as amended, would require elected and
appointed officers of a governmental subdivision to file annual
statements of substantial interest with the office where
declarations of candidacy are required to be filed. Current law
requires such officeholders to file statements only in a year in
which their substantial interests change. Upon receipt of a
statement of substantial interest, the receiving office would be
required to submit a copy of such statement to the Secretary
of State.
The bill would exempt elected or appointed officers of
townships or school districts from the annual filing
requirements, but would require those elected officials to file
an annual statement of substantial interest if any change
occurred in the individual’s substantial interests during the
preceding calendar year.
[Note: Continuing law requires elected and appointed
officers of a governmental subdivision to file statements of
substantial interest when filing for candidacy or after being
appointed to fill a vacancy in an elective office.]
Background
The bill was introduced by the Senate Committee on
Ways and Means at the request of Senator McGinn.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Senate Committee on Transparency and Ethics
In the Senate Committee hearing, written-only
proponent testimony was provided by Senator McGinn and a
representative of the Kansas Association of Counties, who
generally stated the bill would increase transparency, prevent
special interest voting, and prevent undue influence.
Neutral testimony was provided by a representative of
the League of Kansas Municipalities (League), who stated the
bill would reflect what the League recommends as a best
practice for its member cities.
No other testimony was provided.
The Senate Committee amended the bill to exempt
elected or appointed officers of townships or school districts
from the annual filing requirement.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
specify that elected officers of townships or school districts
would be required to file a statement of substantial interest
between April 15 and April 30 if any change occurred in their
substantial interests during the preceding calendar year.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas
Governmental Ethics Commission indicates enactment of the
bill would have a negligible fiscal effect on agency operations.
The Secretary of State indicates any fiscal effect resulting
from the bill’s enactment would be handled within existing
resources.
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The League states enactment of the bill would not have
a fiscal effect on cities. The Kansas Association of Counties
states there could be a fiscal effect on counties, depending
on the actual number of individuals required to file a
statement of substantial interests and how those statements
are submitted to the Secretary of State.
Statement of substantial interest; local government; ethics; Kansas Governmental
Ethics Commission; Secretary of State
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Statutes affected: As introduced: 46-252, 75-4302a, 75-4301
As Amended by Senate Committee: 46-252, 75-4302a
{As Amended by Senate Committee of the Whole}: 46-252, 75-4302a