Kansas senators approve substitute to require local officials to file annual substantial-interest disclosures and announce certain real-estate interests at the1

The Senate committee adopted a substitute for Senate Bill 66 on a series of amendments that replace most of the bill's original language with provisions taken from an earlier measure addressing substantial-interest disclosures by local government officials.

Charles (committee counsel) told the panel the substitute removes most of Senate Bill 66's contents and inserts language to add K.S.A. 70-5-4302a with amendments from Senate Bill 301. "Essentially these amendments change the requirement for substantial filing of the substantial interest form ... the annual filing requirement only applies to elected or appointed officers of a county or city," Charles said.

The change will require local elected and appointed officers to file a statement of substantial interest annually, rather than only when a change occurs, and adds a provision discussed by committee members that would require officials to orally disclose, at the first open meeting at which a project is discussed, any interest previously reported on their statement of substantial interest if the project involves zoning, permitting or other real-estate actions.

Senator Titus, the amendment's sponsor, said the oral-disclosure provision is intended to broaden current conflict-of-interest rules, which focus on contracts rather than land-use actions. "The gist of this is ... if on your statement of substantial interest it does expand it to any sort of real estate project ... you have to announce at the meeting before you engage in discussion or take action that you have that interest," Titus said, adding the requirement is meant to ensure "the public's aware that that interest is involved."

Committee members pressed for clarity about how often an oral disclosure must be repeated. Senator Patty asked whether the disclosure would be required every meeting the project is discussed. Charles and other senators discussed an intent that a single, initial public disclosure should suffice in most circumstances, and members discussed refining the language to say the first open meeting at which the local government officer participates and the project is discussed.

Several senators and the committee counsel discussed the scope of the filing requirement. Charles said the new subsection limits the annual filing obligation to elected or appointed officers of a city or county. Senator Reichman spoke in favor of the amended approach as a simpler way to ensure conflicts are apparent to the public.

The committee adopted the balloon amendment that inserts the K.S.A. 70-5-4302a language and later adopted the Titus amendment expanding oral disclosure for certain real-estate projects. After completing amendment votes, the committee voted to substitute Senate Bill 66, as amended, and recommended it favorably for passage.

Votes recorded on the transcript were taken by voice; the transcript records the motions passing but does not provide roll-call tallies.

What the committee did not decide in detail: The committee discussed but did not fully draft the precise phrasing for when an oral disclosure must be repeated if a local official misses the first public meeting on a project. Charles indicated staff would refine the language to specify "the first open meeting that the local government officer participates in," to address absences. The transcript does not record final statutory text or an effective date for the substitute.

Ending: The committee completed action on SB 66 and then moved on to consider Senate Bill 286 on lobbying definitions.