Session of 1998
                   
SENATE BILL No. 431
         
By Committee on Elections and Local Government
         
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            9             AN ACT concerning certain state officers and employees; relating to gov-
10             ernmental ethics; amending K.S.A. 1997 Supp. 46-237a and repealing
11             the existing section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 46-237a is hereby amended to read as
15       follows: 46-237a. (a) The provisions of this section shall apply to:
16           (1) The governor;
17           (2) the lieutenant governor;
18           (3) the governor's spouse;
19           (4) all classified employees in the civil service of the state of Kansas;
20           (5) except as provided herein, all unclassified employees in the ex-
21       ecutive branch of state government whose compensation is subject to
22       approval by the governor pursuant to K.S.A. 75-2935b, and amendments
23       thereto. The provisions of this section shall not apply to officers and un-
24       classified employees of the insurance department, attorney general, state
25       treasurer or secretary of state. The provisions of this section shall not
26       apply to unclassified employees of state institutions under the control and
27       supervision of the state board of regents; and
28           (6) all members of boards, commissions and authorities of the exec-
29       utive branch of state government.
30           (b) No person subject to the provisions of this section shall solicit or
31       accept any gift, economic opportunity, loan, gratuity, special discount or
32       service provided because of such person's official position, except:
33           (1) A gift having an aggregate value of less than $40 given at a cere-
34       mony or public function where the person is accepting the gift in such
35       person's official capacity; or
36           (2) gifts from relatives or gifts from personal friends when it is ob-
37       vious to the person that the gift is not being given because of the person's
38       official position; or
39           (3) anything of value received by the person on behalf of the state
40       that inures to the benefit of the state or that becomes the property of the
41       state; or
42           (4) contributions solicited on behalf of a nonprofit organization which
43       is exempt from taxation under paragraph (3) of subsection (c) of section

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  1       501 of the internal revenue code of 1986, as amended.
  2           (c) No person subject to the provisions of this section shall solicit or
  3       accept free or special discount meals from a source outside of state gov-
  4       ernment, except:
  5           (1) Meals, the provision of which is motivated by a personal or family
  6       relationship or provided at events that are widely attended. An occasion
  7       is ``widely attended'' when it is obvious to the person accepting the meal
  8       that the reason for providing the meal is not a pretext for exclusive or
  9       nearly exclusive access to the person;
10           (2) meals provided at public events in which the person is attending
11       in an official capacity;
12           (3) meals provided to a person subject to this act when it is obvious
13       such meals are not being provided because of the person's official posi-
14       tion; and
15           (4) food such as soft drinks, coffee or snack foods not offered as part
16       of a meal.
17           (d) No person subject to the provisions of this section shall solicit or
18       accept free or special discount travel or related expenses from a source
19       outside state government, except:
20           (1) When it is obvious to the person accepting the same that the free
21       or special discount travel and related expenses are not being provided
22       because of the person's official position; or
23           (2) when the person's presence at a meeting, seminar or event serves
24       a legitimate state purpose or interest and the person's agency authorizes
25       or would authorize payment for such travel and expenses.
26           (e) No person subject to the provisions of this section shall solicit or
27       accept free or special discount tickets or access to entertainment or sport-
28       ing events or activities such as plays, concerts, games, golf, exclusive swim-
29       ming, hunting or fishing or other recreational activities when the free or
30       special discount tickets or access are provided because of the person's
31       official position. The provisions of this subsection shall not apply to per-
32       sons whose official position requires or obliges them to be present at such
33       events or activities.
34           (f) (1) Violations of the provisions of this section by any classified
35       employee in the civil service of the state of Kansas shall be considered
36       personal conduct detrimental to the state service and shall be a basis for
37       suspension, demotion or dismissal, subject to applicable state law.
38           (2) Violations of the provisions of this section by any unclassified em-
39       ployee whose compensation is subject to be approved by the governor
40       pursuant to K.S.A. 75-2935b, and amendments thereto, shall subject such
41       employee to discipline up to and including termination.
42           (3) In addition to the penalty prescribed under paragraphs (1) and
43       (2), the commission on governmental standards and conduct may assess

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  1       a civil fine, after proper notice and an opportunity to be heard, against
  2       any person for a violation of this section, in an amount not to exceed
  3       $5,000 for the first violation, not to exceed $10,000 for the second vio-
  4       lation and not to exceed $15,000 for the third violation and for each
  5       subsequent violation. All fines assessed and collected under this section
  6       shall be remitted to the state treasurer. Upon receipt thereof, the state
  7       treasurer shall deposit the entire amount in the state treasury and credit
  8       it to the Kansas commission on governmental standards and conduct fee
  9       fund.
10           (f) Any person violating the provisions of this section shall be subject
11       to a civil fine. Such fine shall be assessed in the same manner provided
12       by and subject to the provisions of K.S.A. 46-288, and amendments
13       thereto.
14           (g) The provisions of this section shall be subject to interpretation and
15       enforcement by the Kansas commission on governmental standards and
16       conduct in the manner provided by K.S.A. 46-253 through 46-263, and
17       amendments thereto.
18           Sec. 2. K.S.A. 1997 Supp. 46-237a is hereby repealed.
19           Sec. 3. This act shall take effect and be in force from and after its
20       publication in the statute book.
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