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 9  AN ACT concerning legislators; salaries and compensation; limitations on
10    hospitality; amending K.S.A. 46-271 and K.S.A. 1996 Supp. 46-137a
11    and 46-237 and repealing the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 46-137a is hereby amended to read as
15  follows: 46-137a. In addition to the compensation provided for by K.S.A.
16  46-137b, 46-137e and 75-3212 and amendments thereto, each member
17  of the legislature shall receive the following amounts:
18    (a)  The sum of $65 $166.63 per calendar day for service at any regular
19  or special session, except as otherwise provided in subsection (e);
20    (b)  the sum of $73 $80 per calendar day for subsistence allowance
21  for any regular or special session of the legislature, except that if the
22  amounts allowable for the capital city of Kansas under applicable federal
23  law and regulations to employees of the executive branch of the federal
24  government for per diem expenses, while away from home but serving in
25  the United States, are amounts which total greater than $73 $80, then
26  each member of the legislature shall receive such greater total amount
27  per calendar day for subsistence allowance for any regular or special ses-
28  sion of the legislature;
29    (c)  an allowance of $600 per calendar month, except for the months
30  of January, February and March $675 for the two-week period which
31  coincides with the first biweekly payroll period commencing in April and
32  for each of the 19 ensuing two-week periods thereafter, to defray expenses
33  incurred between sessions of the legislature for postage, telephone, office
34  and other incidental expenses;
35    (d)  an allowance for mileage in an amount equal to the rate per mile
36  prescribed under the provisions of K.S.A. 75-3203a and amendments
37  thereto multiplied by the number of miles traveled by the usual route in
38  going to and returning from the member's place of residence for any
39  regular or special session of the legislature. Such mileage allowances shall
40  be paid for not to exceed the equivalent of one trip for each full week
41  occurring between convening and adjournment sine die in any regular or
42  special session. The mileage allowance provided under the provisions of
43  this subsection shall not be subject to the restrictions relating to the use
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 1  of vehicles prescribed by K.S.A. 75-3203 and 75-3203a and amendments
 2  thereto but shall only be allowed for trips actually made. Compensation
 3  and subsistence allowance shall not be allowed under the provisions of
 4  subsections (a) and (b) of this section during any period in which the
 5  legislature is adjourned for more than two days, Sundays excepted; and
 6    (e)  whenever the rates of compensation of the pay plan for persons
 7  in the classified service under the Kansas civil service act are increased
 8  for payroll periods chargeable to fiscal years commencing after June 30,
 9  1996 1998, the rate of compensation per calendar day for members of
10  the legislature for service at any regular or special session of the legislature
11  shall be increased on the first day of the first payroll period immediately
12  following the effective date of any such pay plan increase by an amount,
13  adjusted to the nearest dollar, computed by multiplying the average of
14  the percentage increases in all monthly steps of such pay plan by the rate
15  of compensation per calendar day which is authorized by this section for
16  service at any regular or special session of the legislature for the day upon
17  which such increase is computed.
18    Sec. 2.  K.S.A. 1996 Supp. 46-237 is hereby amended to read as fol-
19  lows: 46-237. (a) Subject to the provisions of subsection (i), no state officer
20  or employee, candidate for state office or state officer elect shall accept,
21  or agree to accept any economic opportunity, gift, loan, gratuity, special
22  discount, favor, hospitality, or service having an aggregate value of $40 or
23  more in any calendar year from any one person known to have a special
24  interest, under circumstances where such person knows or should know
25  that a major purpose of the donor is to influence such person in the
26  performance of their official duties or prospective official duties.
27    (b)  No person with a special interest shall offer, pay, give or make
28  any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
29  pitality or service having an aggregate value of $40 or more in any calendar
30  year to any state officer or employee, candidate for state office or state
31  officer elect with a major purpose of influencing such officer or employee,
32  candidate for state office or state officer elect in the performance of of-
33  ficial duties or prospective official duties.
34    (c)  No person licensed, inspected or regulated by a state agency shall
35  offer, pay, give or make any economic opportunity, gift, loan, gratuity,
36  special discount, favor, hospitality, or service having an aggregate value
37  of $40 or more in any calendar year to such agency or any state officer
38  or employee, candidate for state office or state officer elect of that agency.
39    (d)  Hospitality in the form of recreation, food and beverages are pre-
40  sumed not to be given to influence a state officer or employee, candidate
41  for state office or state officer elect in the performance of official duties
42  or prospective official duties, except when a particular course of official
43  action is to be followed as a condition thereon. For the purposes of this
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 1  subsection, the term recreation shall not include the providing or the
 2  payment of the cost of transportation or lodging.
 3    (e)  Except when a particular course of official action is to be followed
 4  as a condition thereon, this section shall not apply to: (1) Any contribution
 5  reported in compliance with the campaign finance act; or (2) a commer-
 6  cially reasonable loan or other commercial transaction in the ordinary
 7  course of business.
 8    (f)  No state officer or employee shall accept any payment of honoraria
 9  for any speaking engagement except that a member of the state legislature
10  or a part-time officer or employee of the executive branch of government
11  shall be allowed to receive reimbursement in the preparation for and the
12  making of a presentation at a speaking engagement in an amount fixed
13  by the Kansas commission on governmental standards and conduct prior
14  to the acceptance of the speaking engagement. Nothing in this section
15  shall be construed to prohibit the reimbursement of state officers and
16  employees for reasonable expenses incurred in attending seminars, con-
17  ferences and other speaking engagements.
18    (g)  The provisions of this section shall not be applicable to or prohibit
19  the acceptance of gifts from governmental agencies of foreign nations
20  except that any gift accepted from such foreign governmental agency,
21  having an aggregate value of $100 or more, shall be accepted on behalf
22  of the state of Kansas.
23    (h)  No legislator shall solicit any contribution to be made to any or-
24  ganization for the purpose of paying for travel, subsistence and other
25  expenses incurred by such legislator or other members of the legislature
26  in attending and participating in meetings, programs and activities of such
27  organization or those conducted or sponsored by such organization, but
28  nothing in this act or the act of which this act is amendatory shall be
29  construed to prohibit any legislator from accepting reimbursement for
30  actual expenses for travel, subsistence, hospitality, entertainment and
31  other expenses incurred in attending and participating in meetings, pro-
32  grams and activities sponsored by the government of any foreign nation,
33  or any organization organized under the laws of such foreign nation or
34  any international organization or any national, nonprofit, nonpartisan or-
35  ganization established for the purpose of serving, informing, educating
36  and strengthening state legislatures in all states of the nation, when paid
37  from funds of such organization and nothing shall be construed to limit
38  or prohibit the expenditure of funds of and by any such organization for
39  such purposes.
40    (i) (1)  No legislator shall accept, or agree to accept, any hospitality
41  in the form of food and beverages from any lobbyist.
42    (2)  No lobbyist shall offer, pay for or give any hospitality in the form
43  of food and beverages to any person described in subsection (i)(1).
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 1    (3)  The provisions of this subsection (i) shall not apply to hospitality
 2  in the form of food and beverages offered, paid for or given in circum-
 3  stances where all members of the legislature are offered such hospitality
 4  at the same place and time or in circumstances where a member of the
 5  legislature is attending an out-of-state meeting when authorized to attend
 6  such meeting under subsection (c) of K.S.A. 46-1209 and amendments
 7  thereto.
 8    Sec. 3.  K.S.A. 46-271 is hereby amended to read as follows: 46-271.
 9  (a) Subject to the provisions of subsection (b), no lobbyist shall offer, pay,
10  give or make any economic opportunity, gift, loan, gratuity, special dis-
11  count, favor, hospitality, or service having an aggregate value of $40 or
12  more in any calendar year to any state officer or employee or candidate
13  for state office with a major purpose of influencing such officer or em-
14  ployee in the performance of official duties or prospective official duties.
15  Hospitality in the form of recreation, food and beverages are presumed
16  not to be given to influence a state officer or employee or candidate for
17  state office in the performance of official duties, except when a particular
18  course of official action is to be followed as a condition thereon.
19    Except when a particular course of official action is to be followed as
20  a condition thereon, this section subsection (a) shall not apply to (1) any
21  contribution reported in compliance with the campaign finance act as
22  amended, or (2) a commercially reasonable loan or other commercial
23  transaction in the ordinary course of business.
24    (b) (1)  No lobbyist shall offer, pay for or give hospitality in the form
25  of food and beverages to any legislator.
26    (2)  The provisions of subsection (b) shall not apply to hospitality in
27  the form of food and beverages offered, paid for or given in circumstances
28  where all members of the legislature are offered such hospitality at the
29  same place and time or in circumstances where a member of the legislature
30  is attending an out-of-state meeting when authorized to attend such meet-
31  ing under subsection (c) of K.S.A. 46-1209 and amendments thereto.
32    Sec. 4.  K.S.A. 46-271 and K.S.A. 1996 Supp. 46-137a and 46-237 are
33  hereby repealed.
34    Sec. 5.  This act shall take effect and be in force from and after its
35  publication in the Kansas register.