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10  AN ACT concerning state governmental ethics; relating to solicitation by
11    state officers and employees; relating to gifts and honoraria; amending
12    K.S.A. 46-271 and K.S.A. 1996 Supp. 46-236 and 46-237 and repealing
13    the existing sections; also repealing K.S.A. 46-277.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 1996 Supp. 46-236 is hereby amended to read as
17  follows: 46-236. No state officer or employee, candidate for state office
18  or state officer elect shall solicit any economic opportunity, gift, loan,
19  gratuity, special discount, favor, hospitality, or service from any person
20  known to have a special interest, under circumstances where such officer,
21  employee, candidate or state officer elect knows or should know that a
22  major purpose of the donor in granting the same could be to influence
23  in exchange for the performance or nonperformance of the official duties
24  or prospective official duties of such officer, employee, candidate or state
25  officer elect.
26    Except when a particular course of official action is to be followed as
27  a condition thereon, this section shall not apply to: (1) Any contribution
28  reported in compliance with the campaign finance act; (2) a commercially
29  reasonable loan or other commercial transaction in the ordinary course
30  of business; or (3) any solicitation for the benefit of any charitable organ-
31  ization which is required to file a registration statement with the secretary
32  of state pursuant to K.S.A. 17-1740 17-1763, and amendments thereto,
33  or which is exempted from filing such statement pursuant to K.S.A. 17-
34  1741 17-1762, and amendments thereto, or for the benefit of any edu-
35  cational institution or such institution's endowment association, if such
36  association has qualified as a nonprofit organization under paragraph (3)
37  of subsection (c) of section 501 of the internal revenue code of 1986, as
38  amended.
39    Sec. 2.  K.S.A. 1996 Supp. 46-237 is hereby amended to read as fol-
40  lows: 46-237. (a) No state officer or employee, candidate for state office
41  or state officer elect shall accept, or agree to accept any economic op-
42  portunity, gift, loan, gratuity, special discount, favor, hospitality, or service
43  having an aggregate value of $40 or more in any calendar year from any
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 1  one person known to have a special interest, under circumstances where
 2  such person knows or should know that a major purpose of the donor is
 3  to influence such person in exchange for the performance or nonperform-
 4  ance of their official duties or prospective official duties of such officer,
 5  employee, candidate or state officer elect.
 6    (b)  No person with a special interest shall offer, pay, give or make
 7  any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
 8  pitality or service having an aggregate value of $40 or more in any calendar
 9  year to any state officer or employee, candidate for state office or state
10  officer elect with a major purpose of influencing such officer or employee,
11  candidate for state office or state officer elect in exchange for the per-
12  formance or nonperformance of official duties or prospective official du-
13  ties of such officer, employee, candidate or state officer elect.
14    (c)  No person licensed, inspected or regulated by a state agency shall
15  offer, pay, give or make any economic opportunity, gift, loan, gratuity,
16  special discount, favor, hospitality, or service having an aggregate value
17  of $40 or more in any calendar year to such agency or any state officer
18  or, employee, candidate for state office or state officer elect of that agency
19  in exchange for the performance or nonperformance of official duties or
20  prospective duties of such agency, state officer, employee, candidate for
21  state office or state officer elect of such agency.
22    (d)  Hospitality in the form of recreation, food and beverages are pre-
23  sumed not to be given to influence a state officer or employee, candidate
24  for state office or state officer elect in exchange for the performance or
25  nonperformance of official duties or prospective official duties, except
26  when a particular course of official action is to be followed as a condition
27  thereon. For the purposes of this subsection, the term recreation shall
28  not include the providing or the payment of the cost of transportation or
29  lodging.
30    (e)  The making or giving of any economic opportunity, gift,
31  loan, gratuity, special discount, favor or service having an aggre-
32  gate value of $40 or more in any calendar year from any person
33  known to have a special interest shall be presumed to have been
34  given in exchange for the performance or nonperformance of of-
35  ficial duties or prospective official duties.
36    (e) (f)  Except when a particular course of official action is to be fol-
37  lowed as a condition thereon, this section shall not apply to: (1) Any
38  contribution reported in compliance with the campaign finance act; or
39    (2) a commercially reasonable loan or other commercial transaction in
40  the ordinary course of business.
41    (f) (g)  No state officer or employee shall accept any payment of hon-
42  oraria for any speaking engagement except that a member of the state
43  legislature or a part-time officer or employee of the executive branch of
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 1  government shall be allowed to receive reimbursement in the preparation
 2  for and the making of a presentation at a speaking engagement in an
 3  amount fixed by the Kansas commission on governmental standards and
 4  conduct prior to the acceptance of the speaking engagement. Nothing in
 5  this section shall be construed to prohibit the reimbursement of state
 6  officers and employees for reasonable expenses incurred in attending
 7  seminars, conferences and other speaking engagements.
 8    (g) (h)  The provisions of this section shall not be applicable to or
 9  prohibit the acceptance of gifts from governmental agencies of foreign
10  nations except that any gift accepted from such foreign governmental
11  agency, having an aggregate value of $100 or more, shall be accepted on
12  behalf of the state of Kansas.
13    (h) (i)  No legislator shall solicit any contribution to be made to any
14  organization for the purpose of paying for travel, subsistence and other
15  expenses incurred by such legislator or other members of the legislature
16  in attending and participating in meetings, programs and activities of such
17  organization or those conducted or sponsored by such organization, but
18  nothing in this act or the act of which this act is amendatory shall be
19  construed to prohibit any legislator from accepting reimbursement for
20  actual expenses for travel, subsistence, hospitality, entertainment and
21  other expenses incurred in attending and participating in meetings, pro-
22  grams and activities sponsored by the government of any foreign nation,
23  or any organization organized under the laws of such foreign nation or
24  any international organization or any national, nonprofit, nonpartisan or-
25  ganization established for the purpose of serving, informing, educating
26  and strengthening state legislatures in all states of the nation, when paid
27  from funds of such organization and nothing shall be construed to limit
28  or prohibit the expenditure of funds of and by any such organization for
29  such purposes.
30    Sec. 3.  K.S.A. 46-271 is hereby amended to read as follows: 46-271.
31  No lobbyist shall offer, pay, give or make any economic opportunity, gift,
32  loan, gratuity, special discount, favor, hospitality, or service having an
33  aggregate value of $40 or more in any calendar year to any state officer
34  or, state officer elect, employee or candidate for state office with a major
35  purpose of influencing such officer or employee in exchange for the per-
36  formance or nonperformance of official duties or prospective official du-
37  ties of such officer, employee, candidate or state officer elect. Hospitality
38  in the form of recreation, food and beverages are presumed not to be
39  given to influence a state officer or, state officer elect, employee or can-
40  didate for state office in exchange for the performance or nonperform-
41  ance of official duties, except when a particular course of official action
42  is to be followed as a condition thereon.
43    Except when a particular course of official action is to be followed as
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 1  a condition thereon, this section shall not apply to (1) any contribution
 2  reported in compliance with the campaign finance act as amended, or (2)
 3  a commercially reasonable loan or other commercial transaction in the
 4  ordinary course of business.
 5    Sec. 4.  K.S.A. 46-271 and 46-277 and K.S.A. 1996 Supp. 46-236 and
 6  46-237 are hereby repealed.
 7    Sec. 5.  This act shall take effect and be in force from and after its
 8  publication in the statute book.