Session of 1998
HOUSE BILL No. 2596
By Special Committee on Governmental Organization
12-17
9
AN ACT concerning governmental ethics;
amending K.S.A. 46-235 and
10 46-242 and repealing
the existing sections.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. K.S.A. 46-235 is
hereby amended to read as follows: 46-
14 235. (a) No state officer or
employee shall accept compensation for per-
15 formance of official duties, other than
that to which such person is entitled
16 for such performance. No person shall pay
or offer to pay any state officer
17 or employee any compensation for
performance of official duties, except
18 a state officer or employee performing
official duties in making payments
19 to state officers and employees. The
receipt of wages or salary from an
20 individual's non-state employer during a
period of service as a state officer
21 or employee shall not be construed as
compensation for performance of
22 official duties.
23 (b) (1) Except as
otherwise specifically provided in this subsection,
24 no legislator, state officer elected on
a statewide basis, full-time state of-
25 ficer appointed subject to confirmation
by the senate or the spouse of any
26 such officer shall accept directly or
indirectly any present, promised or
27 contingent moneys, compensation,
expenses or other allowance or eco-
28 nomic opportunity:
29 (A) Which is paid or
financed in whole or in part from moneys or
30 funds of, or which are budgeted for
expenditures by, any agency of the
31 state or any body politic and corporate
or other entity created by any law
32 of the state, except compensation and
allowances specifically authorized
33 by law for duties and service of the
legislator, state officer elected on a
34 statewide basis, full-time state officer
appointed subject to confirmation
35 by the senate;
36 (B) under any contract or
bond or any kind of debt instrument issued
37 by any agency of the state or any body
politic and corporate or other
38 entity created by any law of the state;
or
39 (C) under any contract
issued by the any political or taxing subdi-
40 vision of the state which receives an
amount equal to 10% or more of the
41 revenues funding its budget of
expenditures in any fiscal year from any
42 agency of the state.
43 (2) The provisions of part
(1) of this subsection shall not apply to:
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1 (A) Any contract or
bond awarded or issued by any agency of the
2 state or any body politic and
corporate or other entity created by any law
3 of the state upon the basis of a
pure competitive bid or in accordance with
4 an established fee
schedule;
5 (B) moneys,
compensation, allowances or economic opportunities re-
6 ceived from any agency of the
state or any body politic and corporate or
7 other entity created by any law of
the state, if such benefit accrues to
8 members of the general public or a
specific class of individuals other than
9 members of the
legislature;
10 (C) the refund of taxes by
the state or any political or taxing subdi-
11 vision;
12 (D) benefits received
pursuant to the order of any court or an action
13 brought in accordance with the Kansas
administrative procedure act;
14 (E) the receipt of
compensation, expenses or other allowances for
15 service to any university under the
jurisdiction of the state board of re-
16 gents, Washburn board of regents,
community college or unified school
17 district; or
18 (F) the receipt of
compensation, expenses or other allowances for serv-
19 ice in the classified service under the
Kansas civil service act by the spouse
20 of any such officer.
21 (3) Any person violating
the provisions of this subsection shall be
22 guilty of a class A misdemeanor.
23 (c) Except as otherwise
specifically provided in this subsection, no
24 person, in which any legislator, state
officer elected on a statewide basis,
25 full-time state officer appointed
subject to confirmation by the senate or
26 the spouse of any such officer has a
substantial interest or any kind of
27 ownership interest, shall accept any
compensation or economic opportu-
28 nity from any agency of the state or any
body politic and corporate or
29 other entity created by any law of the
state or any political or taxing
30 subdivision of the state which receives
an amount equal to 10% or more
31 of the revenues funding its budget of
expenditures in any fiscal year from
32 any agency of the state. The provisions
of this subsection shall not apply
33 to ownership or a substantial interest
consisting of stocks or bonds which
34 are publicly traded or bonds issued by
agencies of the state or bodies
35 politic or corporate or other entities
created by any law of the state.
36 Sec. 2. K.S.A. 46-242 is
hereby amended to read as follows: 46-242.
37 (a) No state officer or employee shall
accept a representation case before
38 a state agency where such officer or
employee knows or should know that
39 it is obviously without merit and is being
offered with intent to obtain
40 improper influence over a state agency.
41 (b) No state officer or
employee shall use threat or promise of official
42 action in an attempt to influence a state
agency in any representation
43 case.
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1 (c) Except as
otherwise provided in this subsection, no legislator, or
2 other representative of any firm
of which any legislator is a member or
3 by which any legislator is
employed, shall represent any person in any
4 representation case before any
state agency except cases in which the
5 legislator is representing only
the personal interest of the legislator, the
6 interests of a member of the
immediate family of such legislator or a
7 person in which such legislator
has a substantial interest. The provisions
8 of this subsection shall not apply
to representation in workers compen-
9 sation cases, before the board of
tax appeals and proceedings in accord-
10 ance with the Kansas administrative
procedure act.
11 Sec. 3. K.S.A. 46-235 and
46-242 are hereby repealed.
12 Sec. 4. This act shall take
effect and be in force from and after its
13 publication in the statute book.
14