HB 2064--Am. by SCW
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[As Amended by Senate Committee of the Whole]
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Session of 1997
HOUSE BILL No. 2064
By Committee on Governmental Organization and Elections
1-23
AN ACT concerning state governmental ethics; relating to reports filed by lobbyists; amending K.S.A. 46-269 and repealing the existing section. [AN ACT concerning state governmental ethics; [relating to state officers and employees; relating to lobbying and lobbyists;] re- lating to lobbyists; relating to state officers and employees; amending K.S.A. 46-232 and 46-269 [44-267 and 46-269 and K.S.A. 1996 Supp. 46-233] and repealing the existing
sections.]
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Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 46-269 is hereby amended to read as follows: 46- 269. Each report under K.S.A. 46-268, and amendments thereto, shall disclose the following: (a) The full name and address of each person who has paid compen- sation for lobbying to the lobbyist or has paid for expenses of lobbying by the lobbyist during the period reported. (b) The aggregate amount or value of all expenditures made, except for expenses of general office overhead, by the lobbyist or by the lobbyist's employer for or in direct relation to lobbying during the reporting period, if such expenditures exceed $100. Individual expenditures of less than $2 shall not be required to be reported under this subsection. Every lobbyist shall keep detailed accounts of all expenditures required to be reported pursuant to K.S.A. 46-268, and amendments thereto. Such expenditures shall be reported according to the following categories of expenditures: (1) Food and beverages provided as hospitality; (2) entertainment, gifts, honoraria or payments; (3) mass media communications; (4) recreation provided as hospitality; (5) communications for the purpose of influencing legislative or ex- ecutive action; and (6) all other reportable expenditures made in the performance of services as a lobbyist. With regard to expenditures for entertainment or hospitality which is primarily recreation, food and beverages, only amounts expended on a HB 2064--Am. by SCW
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 1  state officer or employee or on such officer or employee's spouse shall
 2  be considered to be for or in direct relation to lobbying. Notwithstanding
 3  the requirements of this subsection and subsection (c) [(d)], no lobbyist
 4  shall be responsible to report any expenditure by the lobbyist's employer
 5  of which such person has no knowledge.
 6    [(c)  The name of each recipient of hospitality in the form of
 7  recreation, food and beverages, entertainment, gifts, honoraria or
 8  payments and the amount of each expenditure for such purposes
 9  upon such individual.
10    [The provisions of this subsection shall not apply to expenditures
11  if the expenditures are for hospitality in the form of recreation, food
12  and beverages and entertainment provided to and gifts for (1) all
13  members of the legislature or (2) all members of either a committee
14  of the house of representatives or the senate or both or (3) all mem-
15  bers of the legislature from a congressional district.]
16    (c) [(d)]  Whenever an individual lobbyist contributes to a single spe-
17  cial event, such lobbyist shall report only the aggregate amount or value
18  of the expenditure contributed by such lobbyist.
19    (d) [(e)]  Whenever more than one lobbyist is employed by a single
20  employer, the reports required by this section relating to such employer
21  shall be made by only one such lobbyist and that lobbyist shall be the
22  lobbyist who is most directly connected with the particular expenditure
23  or gift, honoraria or payment. No expenditure or gift, honoraria or pay-
24  ment required to be reported by this section shall be reported by more
25  than one lobbyist.
26    (e) [(f)]  Records in support of every report or statement filed All
27  accounts, records and documents of the lobbyist which relate to every
28  expenditure reported or which should have been reported shall be main-
29  tained and preserved by the lobbyist for a period of five years from the
30  date of the filing of such report or statement and may be inspected under
31  conditions determined by the commission.
32    [Sec. 2.  K.S.A. 46-232 is hereby amended to read as follows: 46-
33  232. (a) No state officer or employee shall engage in lobbying his
34  such officer's or employee's own state agency, if he such officer or em-
35  ployee accepts compensation specifically attributable to such lob-
36  bying, other than that provided for the performance of his such of-
37  ficer's or employee's official duties. Nothing in this section shall
38  prohibit a state officer or employee from lobbying without compen-
39  sation other than that which he such officer or employee is entitled to
40  receive for performance of his such officer's or employee's official du-
41  ties.
42    [(b)  From and after January 1, 1998, no individual shall be employed
43  as a lobbyist within one year following: (1) The date of resignation from
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 1  or the expiration of a term of any state office to which the individual was
 2  appointed by the governor; or (2) the date of resignation from office or
 3  the expiration of a term of office for which such individual was elected or
 4  appointed to membership in the state legislature.]
 5    Sec. 2.  K.S.A. 46-269 is [46-232 and 46-269 are] hereby repealed.
 6    [Sec. 2 [3].  K.S.A. 1996 Supp. 46-233 is hereby amended to
 7  read as follows: 46-233. (a) (1) No state officer or employee shall in
 8  the capacity as such officer or employee be substantially involved
 9  in the preparation of or participate in the making of a contract with
10  any person or business by which such officer or employee is em-
11  ployed or in whose business such officer or employee or any mem-
12  ber of such officer's or employee's immediate family has a substan-
13  tial interest and no such person or business shall enter into any
14  contract where any state officer or employee, acting in such capac-
15  ity, is a signatory to, has been substantially involved in the prepa-
16  ration of or is a participant in the making of such contract and is
17  employed by such person or business or such officer or employee
18  or any member of such officer's or employee's immediate family has
19  a substantial interest in such person or business. Substantial interest
20  means ``substantial interest'' as defined by K.S.A. 46-229, and amend-
21  ments thereto, and any such interest held within the preceding twelve
22  months of the act or event of participating in the preparation of making
23  a contract.
24    [(2)  Except as otherwise provided in this subsection, whenever
25  any individual has, within the preceding two years participated as a
26  state officer or employee in the making of any contract with any
27  person or business, such individual shall not accept employment
28  with such person or business for one year following termination of as
29  an employee, independent contractor or subcontractor until two years
30  after performance of the contract is completed or until two years after the
31  individual terminates employment as a state officer or employee,
32  whichever is sooner. This prohibition on accepting employment shall
33  not apply in any case in which: (A) A state officer or employee who
34  participated in making a contract while employed by an institution
35  that is subsequently closed or abolished or otherwise ceases oper-
36  ations or that has budget reductions imposed that are associated
37  with such closure and who is laid off from employment with such
38  institution for the reason of such closure, abolition or cessation of
39  operations or such imposition of budget reductions; or (B) a state
40  officer or employee who participated in making a contract while
41  employed by an institution that is scheduled to be closed or abol-
42  ished or to cease operations, who is scheduled to be laid off from
43  employment with such institution for the reason of the scheduled
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 1  closure, abolition or cessation of operations, and who voluntarily
 2  terminates such employment after receiving such state officer or
 3  employee's notice of the scheduled layoff. As used in this subsection
 4    (a)(2), ``laid off'' and ``layoff'' mean, in the case of a state officer or
 5  employee in the classified service under the Kansas civil service act,
 6  being laid off under K.S.A. 75-2948, and amendments thereto, and,
 7  in the case of a state officer or employee in the unclassified service
 8  under the Kansas civil service act, being terminated from employ-
 9  ment with the state agency by the appointing authority, except that
10  ``laid off'' and ``layoff'' shall not include any separation from em-
11  ployment pursuant to a budget reduction or expenditure authority
12  reduction and a reduction of F.T.E. positions under K.S.A. 1996
13  Supp. 75-6801, and amendments thereto; and ``institution'' means
14  Topeka state hospital or Winfield state hospital and training center.
15    [(b)  No individual shall, while a legislator or within one year
16  after the expiration of a term as legislator, be interested pecuniarily,
17  either directly or indirectly, in any contract with the state, which
18  contract is funded in whole or in part by any appropriation or is
19  authorized by any law passed during such term, except that the
20  prohibition of this subsection (b) shall not apply to any contract
21  interest in relation to which a disclosure statement is filed as pro-
22  vided by K.S.A. 46-239, and amendments thereto.
23    (c)  No individual, while a legislator or within one year after the
24  expiration of a term as a legislator, shall represent any person in a
25  court proceeding attacking any legislative action taken or enact-
26  ment made during any term such individual served as a legislator
27  as being unconstitutional because of error in the legislative process
28  with respect to such action or enactment unless such legislator voted
29  no upon the enactment of the measure and declared on the record,
30  during such term, that such legislation was unconstitutional. The
31  prohibition of this subsection (c) shall not apply to a current or
32  former legislator charged with a violation of such legislative action
33  or enactment.
34    [(d)  Subsections (a) and (b) shall not apply to the following:
35    [(1)  Contracts let after competitive bidding has been advertised
36  for by published notice; and
37    [(2)  Contracts for property or services for which the price or
38  rate is fixed by law.
39    [(e)  When used in this section:
40    [(1)  ``Substantial interest'' shall have the same meaning ascribed
41  thereto by K.S.A. 46-229, and amendments thereto, and any such interest
42  held within the preceding 12 months of the act or event of participating
43  in the preparation of making a contract.
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 1    [(2)  ``Substantially involved in the preparation or participate in the
 2  making of a contract'' means having approved or disapproved a contract
 3  or having provided significant factual or specific information or advice
 4  or recommendations in relation to the negotiated terms of the contract.
 5    [Sec. 2 [4].  K.S.A. 46-267 is hereby amended to read as follows:
 6  46-267. (a) No person shall pay or accept or agree to pay or accept
 7  or arrange for a third party to pay or agree to pay present, future, prom-
 8  ised or contingent compensation, or any part thereof, for lobbying
 9  which is contingent upon the result achieved or attained.
10    [(b)  No person shall pay or accept or agree to pay or accept present,
11  future, promised or contingent compensation, or any part thereof, for the
12  referral of a person or persons to a lobbyist for lobbying services.
13    [(c)  No lobbying contract or agreement shall be valid or enforceable
14  in a court of law unless it is in writing, signed by all parties thereto and
15  was executed prior to the lobbyist's commencement of lobbying for the
16  represented person under such contract or agreement. Any such lobbying
17  contract or agreement shall be invalid and unenforceable unless such lob-
18  byist complies with all lobbying laws and lobbyist reporting requirements
19  of this act.]
20    Sec. 3 [5].  K.S.A. [46-232,] 46-267 and 46-269 and K.S.A. 1996
21  Supp. 46-233 are hereby repealed.]
22    Sec. 3 [6].  This act shall take effect and be in force from and after
23  its publication in the statute book.