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AN ACT concerning governmental ethics; relating to gifts, hospitality and
  honoraria; amending K.S.A. 46-271 and K.S.A. 1996 Supp. 46-237 and
  repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
  Section 1.  K.S.A. 1996 Supp. 46-237 is hereby amended to read as
follows: 46-237. (a) Subject to the provisions of section 2, no state officer
or employee, candidate for state office or state officer elect shall accept,
or agree to accept any economic opportunity, gift, loan, gratuity, special
discount, favor, hospitality, or service having an aggregate value of $40 or
more in any calendar year from any one person known to have a special
interest, under circumstances where such person knows or should know
that a major purpose of the donor is to influence such person in the
performance of their official duties or prospective official duties.
  (b)  No person with a special interest shall offer, pay, give or make
any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
pitality or service having an aggregate value of $40 or more in any calendar
year to any state officer or employee, candidate for state office or state
officer elect with a major purpose of influencing such officer or employee,
candidate for state office or state officer elect in the performance of of-
ficial duties or prospective official duties.
  (c)  No person licensed, inspected or regulated by a state agency shall
offer, pay, give or make any economic opportunity, gift, loan, gratuity,
special discount, favor, hospitality, or service having an aggregate value
of $40 or more in any calendar year to such agency or any state officer
or employee, candidate for state office or state officer elect of that agency.
  (d)  Hospitality in the form of recreation, food and beverages are pre-
sumed not to be given to influence a state officer or employee, candidate
for state office or state officer elect in the performance of official duties
or prospective official duties, except when a particular course of official
action is to be followed as a condition thereon. For the purposes of this
subsection, the term recreation shall not include the providing or the
payment of the cost of transportation or lodging.
  (e)  Except when a particular course of official action is to be followed
as a condition thereon, this section shall not apply to: (1) Any contribution
reported in compliance with the campaign finance act; or (2) a commer-
cially reasonable loan or other commercial transaction in the ordinary
course of business.
  (f)  No state officer or employee shall accept any payment of honoraria
for any speaking engagement except that a member of the state legislature
or a part-time officer or employee of the executive branch of government
shall be allowed to receive reimbursement in the preparation for and the
making of a presentation at a speaking engagement in an amount fixed
by the Kansas commission on governmental standards and conduct prior
to the acceptance of the speaking engagement. Nothing in this section
shall be construed to prohibit the reimbursement of state officers and
employees for reasonable expenses incurred in attending seminars, con-
ferences and other speaking engagements.
  (g)  The provisions of this section shall not be applicable to or prohibit
the acceptance of gifts from governmental agencies of foreign nations
except that any gift accepted from such foreign governmental agency,
having an aggregate value of $100 or more, shall be accepted on behalf
of the state of Kansas.
  (h)  No legislator shall solicit any contribution to be made to any or-
ganization for the purpose of paying for travel, subsistence and other
expenses incurred by such legislator or other members of the legislature
in attending and participating in meetings, programs and activities of such
organization or those conducted or sponsored by such organization, but
nothing in this act or the act of which this act is amendatory shall be
construed to prohibit any legislator from accepting reimbursement for
actual expenses for travel, subsistence, hospitality, entertainment and
other expenses incurred in attending and participating in meetings, pro-
grams and activities sponsored by the government of any foreign nation,
or any organization organized under the laws of such foreign nation or
any international organization or any national, nonprofit, nonpartisan or-
ganization established for the purpose of serving, informing, educating
and strengthening state legislatures in all states of the nation, when paid
from funds of such organization and nothing shall be construed to limit
or prohibit the expenditure of funds of and by any such organization for
such purposes.
  New Sec. 2.  No legislator, candidate for membership in the legisla-
ture or legislator elect shall accept, or agree to accept any economic op-
portunity, gift, loan, gratuity, special discount, favor, hospitality in the
form of food and beverages or service from any lobbyist.
  The provisions of this section, shall not apply to food and beverages of
less than $5 in value.
  (b)  No lobbyist shall offer, pay, give or make any economic oppor-
tunity, gift, loan, gratuity, special discount, favor, hospitality, in the form
of food and beverages, or service to any person described in subsection
  (a).
  Sec. 3.  K.S.A. 46-271 is hereby amended to read as follows: 46-271.
Subject to the provisions of section 4, no lobbyist shall offer, pay, give or
make any economic opportunity, gift, loan, gratuity, special discount, fa-
vor, hospitality, or service having an aggregate value of $40 or more in
any calendar year to any state officer or employee or candidate for state
office with a major purpose of influencing such officer or employee in
the performance of official duties or prospective official duties. Hospi-
tality in the form of recreation, food and beverages are presumed not to
be given to influence a state officer or employee or candidate for state
office in the performance of official duties, except when a particular
course of official action is to be followed as a condition thereon.
  Except when a particular course of official action is to be followed as
a condition thereon, this section shall not apply to (1) any contribution
reported in compliance with the campaign finance act as amended, or (2)
a commercially reasonable loan or other commercial transaction in the
ordinary course of business.
  New Sec. 4.  No lobbyist shall offer, pay, give or make any economic
opportunity, gift, loan, gratuity, special discount, favor, hospitality in the
form of food and beverages, to any legislator, candidate for membership
in the legislature or legislator elect.
  The provisions of this section shall not apply to food and beverages of
less than $5 in value.
  Sec. 5.  K.S.A. 46-271 and K.S.A. 1996 Supp. 46-237 are hereby re-
pealed.
  Sec. 6.  This act shall take effect and be in force from and after its
publication in the statute book.