February 16, 2006
Opinion No. 2006-09
Patrick Wilbur
521 Durham Court
Lawrence, KS 66049
Dear Mr. Wilbur:
This opinion is in response to your letter
received by email on February 6, 2006, in which you request an
opinion from the Kansas Governmental Ethics Commission concerning
the Campaign Finance Act (K.S.A. 25-4142 et seq.). We note
at the outset that the Commission’s jurisdiction concerning
your questions is limited to the application of K.S.A. 25-4142
et seq., and whether some other statutory system, common law
theory or agency rule or regulation applies to your inquiry is not
covered by this opinion.
FACTUAL
STATEMENT:
We
understand that you are asking for this opinion in your capacity as
candidate for Kansas Insurance Commissioner. You recently received
a campaign donation from a personal trust. The check was signed by
one of the trustees. Your questions concern receiving campaign
contributions during the legislative session.
QUESTION:
1.
May a candidate for Kansas Insurance Commissioner accept a campaign
contribution from a personal trust during the legislative
session?
2.
If the contribution may not be accepted during the legislative
session, may the candidate hold the check until the end of the
legislative session?
OPINION:
K.S.A. 25-4153a states:
“(a) No registered lobbyist,
political committee or person, other than an individual, shall make
a contribution after January 1 of each year and prior to
adjournment sine die of the regular session of the legislature or
at any other time in which the legislature is in session to
a:
(1) Legislator;
(2)
candidate for membership in the legislature;
(3)
state officer elected on a statewide basis;
(4)
candidate for state officer elected on a statewide
basis;
.
. .
“(b) No legislator, officer,
candidate or committee described in paragraphs (1) through (6) of
subsection (a) shall accept or solicit any contribution as defined
by K.S.A. 25-4143 and amendments thereto, from any registered
lobbyist, political committee or person, other than an
individual, during such period of time described in subsection
(a). (Emphasis added.)
K.S.A. 25-4153a prohibits a candidate for state
office elected on a statewide basis from soliciting or accepting a
campaign contribution during the legislative session from any
person, other than an individual. K.S.A. 25-4143(j) defines
“person” as “any individual, committee,
corporation, partnership, trust, organization or
association. (Emphasis added.) This Commission determined in
Opinion No. 1997-32 that based on this definition,
“individual” means a “natural person” as
opposed to an “artificial person.”
When interpreting a statute, the intent of the
Legislature governs and the Legislature is presumed to have
expressed its intent through the words used. When those words are
plain and unambiguous, we must interpret the statute according to
the intention of the Legislature as expressed, rather than
determine what the law should or should not be. Mitchell v.
Liberty Mut. Ins. Co., 271 Kan. 684, 694-5 (2001).
The statutes that we are interpreting here are
plain and unambiguous. K.S.A. 25-4143(j) differentiates between a
“person” that is an individual and a
“person” that is a trust. K.S.A. 25-4153a provides that
the only contributions that may be solicited or accepted during the
legislative session are contributions from an individual; and
contributions by any other person, including a trust, are
prohibited. Therefore, you may not accept a contribution from any
trust during the legislative session.
In
response to your second question, you may not hold a check from a
person who is not an individual until sine die adjournment of the
legislative session. The check should be returned immediately to
the donor.
Sincerely,
Sabrina K. Standifer, Chairwoman
by
Direction of the Commission
SKS:DV:dlw
