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Minutes for SB66 - Committee on Local Government, Transparency and Ethics

Short Title

Requiring certain local governmental officials to disclose substantial interests in the construction and operation of major development projects and to abstain from voting on governmental actions relating to such matters.

Minutes Content for Wed, Feb 26, 2025

Chairperson Bowers opened the hearing on SB66.  Charles Reimer, staff revisor, presented a briefing on the bill.  (Attachment 1)  Mr. Reimer addressed questions from the Committee.

Senator Thompson testified in support of SB66, indicating this is basically a matter of anti-corruption.  Senator Thompson explained there's a reason for everything they put into the bill.  Senator Thompson further explained what they're seeing is officials at the local level who are engaged in activities that would personally benefit them.  Senator Thompson noted they are not required in statute to recuse themselves.  Senator Thompson pointed out his written testimony has a suggested amendment that deals with non-governmental organizations (NGO's). (Attachment 2)

Angel Cushing testified in support of SB66.  Ms. Cushing described her involvement and experience with the National Heritage Area and the National Interest Electric Transmission Corridor (NIETC).  Ms. Cushing explained there is normally a coach on these commissions and local bodies.  Ms. Cushing further explained her fear is what she saw with the public outcry on the NIETC will spread to local officials.  (Attachment 3)

Charlotte O'Hara testified in support of SB66.  Ms. O'Hara indicated she is hopeful if this bill passes that it will bring transparency and put a stop to the too close a relationship of elected officials to a lot of these developments.  Ms. O'Hara indicated she was on the county commission for four years and highlighted examples of what she personally witnessed.  (Attachment 4)

Questions were addressed by the proponents.

Written proponent testimony for SB66 was submitted by:

Jay Hall testified in opposition to SB66.  Mr. Hall stated this bill captures every type of project that would be over $250,000.  Mr. Hall indicated in the smaller counties in particular, it will be very difficult for somebody to not have some interest in those areas.  Mr. Hall explained not only are county commissioners and other county staff involved in their community, but they also sit on various boards that this bill particularly with the proposed language for the NGO's would restrict them from being able to vote on any of those projects.  (Attachment 16)

Joshua Svaty testified in opposition to SB66.  Mr. Svaty noted last year Senator McGinn had a piece of legislation that would have expanded the Statement of Substantial Interests.  Mr. Svaty stated they would recommend that as a much better way of getting at this.  Mr. Svaty drew the Committee's attention to written testimony submitted by Alan Anderson and highlighted a couple of the issues in his testimony.  Mr. Svaty highlighted and explained three issues in the bill from his written testimony.  (Attachment 17)

Spencer Duncan testified in opposition to SB66.  Mr. Duncan provided an overview of some of their concerns including the language "participated in the making of a contract;" and, two different definitions of "local government officer."  Regarding another area of concern, Mr. Duncan provided some scenarios of relatives and persons who have cohabitated over the course of their lifetime.  Mr. Duncan highlighted steps to address their concerns indicating Senator McGinn's bill from last year as a good starting point.  (Attachment 18)

Questions were addressed by the opponents and staff.

Written testimony in opposition of SB66 was submitted by:

  • Alan Claus Anderson, Chair, Polsinelli Energy Practice Group, Adjunct Professor of Law, University of Kansas School of Law (Attachment 19)
  • Amanda Stanley, City Attorney, City of Topeka (Attachment 20)

Written neutral testimony for SB66 was submitted by:

Chairperson Bowers closed the hearing on SB66.

The meeting was adjourned at 10:25 a.m.

The next meeting is scheduled for February 27, 2025.