Session of 1998
                   
HOUSE BILL No. 2665
         
By Committee on Governmental Organization and Elections
         
1-20
            9             AN ACT concerning governmental ethics; relating to certain state officers
10             and employees; amending K.S.A. 1997 Supp. 46-237 and repealing the
11             existing section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 46-237 is hereby amended to read as
15       follows: 46-237. (a) Subject to the provisions of K.S.A. 1997 Supp. 46-237
16       and section 2, and amendments thereto, no state officer or employee,
17       candidate for state office or state officer elect shall accept, or agree to
18       accept any economic opportunity, gift, loan, gratuity, special discount,
19       favor, hospitality, or service having an aggregate value of $40 or more in
20       any calendar year from any one person known to have a special interest,
21       under circumstances where such person knows or should know that a
22       major purpose of the donor is to influence such person in the perform-
23       ance of their official duties or prospective official duties.
24           (b) No person with a special interest shall offer, pay, give or make
25       any economic opportunity, gift, loan, gratuity, special discount, favor, hos-
26       pitality or service having an aggregate value of $40 or more in any calendar
27       year to any state officer or employee, candidate for state office or state
28       officer elect with a major purpose of influencing such officer or employee,
29       candidate for state office or state officer elect in the performance of of-
30       ficial duties or prospective official duties.
31           (c) No person licensed, inspected or regulated by a state agency shall
32       offer, pay, give or make any economic opportunity, gift, loan, gratuity,
33       special discount, favor, hospitality, or service having an aggregate value
34       of $40 or more in any calendar year to such agency or any state officer
35       or employee, candidate for state office or state officer elect of that agency.
36           (d) Hospitality in the form of recreation, food and beverages are is
37       presumed not to be given to influence a state officer or employee, can-
38       didate for state office or state officer elect in the performance of official
39       duties or prospective official duties, except when a particular course of
40       official action is to be followed as a condition thereon. For the purposes
41       of this subsection, the term recreation shall not include the providing or
42       the payment of the cost of transportation or lodging.
43           (e) Except when a particular course of official action is to be followed

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  1       as a condition thereon, this section shall not apply to: (1) Any contribution
  2       reported in compliance with the campaign finance act; or (2) a commer-
  3       cially reasonable loan or other commercial transaction in the ordinary
  4       course of business.
  5           (f) No state officer or employee shall accept any payment of honoraria
  6       for any speaking engagement except that a ;>--ber of the state legislature
  7       or a part-time officer or employee of the executive branch of government
  8       shall be allowed to receive reimbursement in the preparation for and the
  9       making of a presentation at a speaking engagement in an amount fixed
10       by the Kansas commission on governmental standards and conduct prior
11       to the acceptance of the speaking engagement. Nothing in this section
12       shall be construed to prohibit the reimbursement of state officers and
13       employees for reasonable expenses incurred in attending seminars, con-
14       ferences and other speaking engagements.
15           (g) The provisions of this section shall not be applicable to or prohibit
16       the acceptance of gifts from governmental agencies of foreign nations
17       except that any gift accepted from such foreign governmental agency,
18       having an aggregate value of $100 or more, shall be accepted on behalf
19       of the state of Kansas.
20           (h) No legislator shall solicit any contribution to be made to any or-
21       ganization for the purpose of paying for travel, subsistence and other
22       expenses incurred by such legislator or other members of the legislature
23       in attending and participating in meetings, programs and activities of such
24       organization or those conducted or sponsored by such organization, but
25       nothing in this act or the act of which this act is amendatory shall be
26       construed to prohibit any legislator from accepting reimbursement for
27       actual expenses for travel, subsistence, hospitality, entertainment and
28       other expenses incurred in attending and participating in meetings, pro-
29       grams and activities sponsored by the government of any foreign nation,
30       or any organization organized under the laws of such foreign nation or
31       any international organization or any national, nonprofit, nonpartisan or-
32       ganization established for the purpose of serving, informing, educating
33       and strengthening state legislatures in all states of the nation, when paid
34       from funds of such organization and nothing shall be construed to limit
35       or prohibit the expenditure of funds of and by any such organization for
36       such purposes.
37           New Sec. 2. (a) When used in this section:
38           (1) ``State officer or employee'' means all officers and employees of
39       the legislative branch of state government, candidates for the legislature
40       and legislators elect;
41           (2) ``hospitality'' means food and beverages having an aggregate value
42       of $40 or more in a calendar year.
43           (b) No state officer or employee shall accept, or agree to accept any

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  1       hospitality from any one person known to have a special interest, under
  2       circumstances where such officer or employee knows or should know that
  3       a major purpose of the donor is to influence such officer or employee in
  4       the performance of their official duties or prospective official duties.
  5           (c) No person with a special interest shall offer, pay, or give any hos-
  6       pitality to any state officer or employee with a major purpose of influ-
  7       encing such officer or employee in the performance of official duties or
  8       prospective official duties.
  9           (d) No person licensed, inspected or regulated by a state agency shall
10       offer, pay, or give any hospitality to any state officer or employee.
11           (e) Hospitality is presumed not to be given to influence a state officer
12       or employee in the performance of official duties or prospective official
13       duties, except when a particular course of official action is to be followed
14       as a condition thereon.
15           (f) No state officer or employee shall solicit or accept any gift, eco-
16       nomic opportunity, loan, gratuity, special discount or service provided
17       because of such officer's or employee's official position, except:
18           (1) A gift having an aggregate value of less than $40 given at a cere-
19       mony or public function where the officer or employee is accepting the
20       gift in such officer's or employee's official capacity; or
21           (2) gifts from relatives or gifts from personal friends when it is ob-
22       vious to the officer or employee that the gift is not being given because
23       of the officer's or employee's official position; or
24           (3) anything of value received by the officer or employee on behalf
25       of the state that inures to the benefit of the state or that becomes the
26       property of the state; or
27           (4) contributions solicited on behalf of a nonprofit organization which
28       is exempt from taxation under paragraph (3) of subsection (c) of section
29       501 of the internal revenue code of 1986, as amended.
30           (g) No state officer or employee shall solicit or accept free or special
31       discount travel or related expenses from a source outside state govern-
32       ment, except:
33           (1) When it is obvious to the officer or employee accepting the same
34       that the free or special discount travel and related expenses are not being
35       provided because of the officer's or employee's official position; or
36           (2) when the presence of the officer or employee at a meeting, sem-
37       inar or event serves a legitimate state purpose or interest and the officer's
38       or employee's agency authorizes or would authorize payment for such
39       travel and expenses.
40           (h) No state officer or employee shall solicit or accept free or special
41       discount tickets or access to entertainment or sporting events or activities
42       such as plays, concerts, games, golf, exclusive swimming, hunting or fish-
43       ing or other recreational activities when the free or special discount tickets

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  1       or access are provided because of the official position of such officer or
  2       employee. The provisions of this subsection shall not apply to officers or
  3       employees whose official position requires or obliges them to be present
  4       at such events or activities.
  5           (i) Except when a particular course of official action is to be followed
  6       as a condition thereon, this section shall not apply to: (1) Any contribution
  7       reported in compliance with the campaign finance act; or (2) a commer-
  8       cially reasonable loan or other commercial transaction in the ordinary
  9       course of business.
10           (j) No state officer or employee shall accept any payment of honoraria
11       for any speaking engagement except that a state officer or employee shall
12       be allowed to receive reimbursement in the preparation for and the mak-
13       ing of a presentation at a speaking engagement in an amount fixed by the
14       Kansas commission on governmental standards and conduct prior to the
15       acceptance of the speaking engagement. Nothing in this section shall be
16       construed to prohibit the reimbursement of state officers and employees
17       for reasonable expenses incurred in attending seminars, conferences and
18       other speaking engagements.
19           (k) The provisions of this section shall not be applicable to or prohibit
20       the acceptance of gifts from governmental agencies of foreign nations
21       except that any gift accepted from such foreign governmental agency,
22       having an aggregate value of $100 or more, shall be accepted on behalf
23       of the state of Kansas.
24           (l) No state officer or employee shall solicit any contribution to be
25       made to any organization for the purpose of paying for travel, subsistence
26       and other expenses incurred by such officer or employee or other officers
27       or employees in attending and participating in meetings, programs and
28       activities of such organization or those conducted or sponsored by such
29       organization, but nothing in this section shall be construed to prohibit
30       any state officer or employee from accepting reimbursement for actual
31       expenses for travel, subsistence, hospitality, entertainment and other ex-
32       penses incurred in attending and participating in meetings, programs and
33       activities sponsored by the government of any foreign nation, or any or-
34       ganization organized under the laws of such foreign nation or any inter-
35       national organization or any national, nonprofit, nonpartisan organization
36       established for the purpose of serving, informing, educating and strength-
37       ening state legislatures in all states of the nation, when paid from funds
38       of such organization and nothing shall be construed to limit or prohibit
39       the expenditure of funds of and by any such organization for such pur-
40       poses.
41           Sec. 3. K.S.A. 1997 Supp. 46-237 is hereby repealed.
42           Sec. 4. This act shall take effect and be in force from and after its
43       publication in the statute book.
44