Kansas lawmakers can quickly become lobbyists, but many states make them wait

Kansas has no law stopping legislators from immediately becoming a lobbyist after they leave office, unlike the majority of states.

At least 38 states have some kind of “cooling off” period for lawmakers who want to become lobbyists. Kansas is not one of them.

Supporters of the waiting periods say they’re needed to stop lawmakers from being influenced by potential future employers while they’re in the Legislature. Others question their usefulness – or say they haven’t given the issue much thought.

“I’ve just always believed there should be a cooling off period – there should be a period of time, when you leave office, that you don’t then immediately enter the lobbying corps,” Senate Minority Leader Anthony Hensley, D-Topeka, said.

U.S. Rep. Lynn Jenkins’ move to set up a lobbying firm while still in Congress drew attention to Kansas’ lack of a waiting period. While Jenkins is a federal lawmaker, her new firm plans to lobby at both the state and federal level. Federal rules require Jenkins to wait a year before lobbying at the federal level.

Currently, there is no Kansas law preventing Jenkins – or any other state or federal official in Kansas – from immediately registering as a lobbyist after leaving office. Multiple times in recent years, lawmakers have moved quickly from legislating to lobbying.

Mike O’Neal, a former Kansas House speaker, became the president and CEO of the Kansas Chamber of Commerce after leaving the Legislature and registered as a lobbyist. Former Wichita Rep. Steve Brunk lobbied for the Family Policy Alliance of Kansas. And Don Hill, a former Emporia representative, now lobbies for Emporia State University.

Hill said there’s merit in taking a look at the idea, but isn’t convinced a waiting period is needed.

“I don’t think that based on my experience, there’s a compelling need or a compelling reason to have a cooling off at the state level,” Hill said.

For one thing, lobbying in D.C. is not like lobbying at the statehouse. The money involved in lobbying at the state level, compared to D.C., is an “order of magnitude” difference, he said.

Kansas is not unique among its neighbors in placing no restrictions on former lawmakers who want to lobby. Nebraska and Oklahoma don’t have any restrictions, according to the National Conference of State Legislatures.

In November, Missouri voters approved setting a two-year waiting period for lawmakers who leave office. Missouri joins 10 other states in having a two-year prohibition, according to the National Conference of State Legislatures.

Hensley has previously introduced legislation that would create a two-year waiting period for lawmakers who want to become lobbyists. A bill he offered in 2017 died in committee without a hearing, but he has said he wants to offer the bill again. Rep. Jim Ward, a Wichita Democrat and the current House minority leader, said he will reintroduce legislation requiring a one-year wait.

Many cooling off periods are too short to be effective, said Beth Rosenson, a political science professor at the University of Florida.

“A one or two-year limit, especially a one-year limit, isn’t really a great deterrent because people can just cool their heels and do something for a year and then … after that year is up, the opportunities will still be there because obviously lobbyists want somebody who knows how the process works,” Rosenson said.

A five-year waiting period would be much more substantial, she said. After five years, former lawmakers are probably less valuable to lobbying firms, she said. No state appears to have a waiting period that long, however.

Shorter limits, such as one or two years, are mostly symbolic, she said. Still, it may have a mild effect, she said.

“I would say Kansas would be catching up with some other states, but it’s not doing anything really radical,” Rosenson said of a potential two-year cooling off period.

Sen. John Skubal, an Overland Park Republican who sits on a Senate committee dealing with ethics, said a waiting period is not “on my radar,” adding that he has no plans to become a lobbyist.

“I’ve got a lot more on my plate to worry about than that,” Skubal said.

Skubal said he respects the job lobbyists do, and that good lobbyists will tell you what they want but also present the downsides. He said he doesn’t know many people who have left the Legislature and gone into lobbying.

Rep. Jarrod Ousley, a Merriam Democrat, said that lawmakers becoming lobbyists isn’t an issue that comes up very often. But he said that he can see how the transition from lawmaker to lobbyist could be an easy one to make.

He indicated a waiting period could alleviate concerns.

“It eliminates any conflict of interest while you’re holding office,” Ousley said.

This story was originally published December 20, 2018 at 5:00 AM.