Session of 1999
HOUSE BILL No. 2585
By Representative Neufeld
11-5
11 AN ACT concerning contracts involving state officers and employees;
12 prohibiting certain acts; amending K.S.A. 1999 Supp. 46-233 and re-
13 pealing the existing section.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1999 Supp. 46-233 is hereby amended to read as
17 follows: 46-233. (a) (1) No state officer or employee shall in the capacity
18 as such officer or employee be substantially involved in the preparation
19 of or participate in the making of a contract with any person or business
20 by which such officer or employee is employed or in whose business such
21 officer or employee or any member of such officer's or employee's im-
22 mediate family has a substantial interest and no such person or business
23 shall enter into any contract where any state officer or employee, acting
24 in such capacity, is a signatory to, has been substantially involved in the
25 preparation of or is a participant in the making of such contract and is
26 employed by such person or business or such officer or employee or any
27 member of such officer's or employee's immediate family has a substantial
28 interest in such person or business.
29 (2) Except as otherwise provided in this subsection, whenever any
30 individual has participated as a state officer or employee in the making
31 of any contract with any person or business, such individual shall not
32 accept employment with such person or business as an employee, inde-
33 pendent contractor or subcontractor until two years after performance of
34 the contract is completed or until two years after the individual terminates
35 employment as a state officer or employee, whichever is sooner. This
36 prohibition on accepting employment shall not apply in any case in which:
37 (A) A state officer or employee who participated in making a contract
38 while employed by an institution that is subsequently closed or abolished
39 or otherwise ceases operations or that has budget reductions imposed
40 that are associated with such closure and who is laid off from employment
41 with such institution for the reason of such closure, abolition or cessation
42 of operations or such imposition of budget reductions; or (B) a state of-
43 ficer or employee who participated in making a contract while employed
2
1 by an institution that is scheduled to be closed or abolished or to cease
2 operations, who is scheduled to be laid off from employment with such
3
4 institution for the reason of the scheduled closure, abolition or cessation
5 of operations, and who voluntarily terminates such employment after re-
6 ceiving such state officer or employee's notice of the scheduled layoff. As
7 used in this subsection (a)(2), "laid off" and "layoff" mean, in the case of
8 a state officer or employee in the classified service under the Kansas civil
9 service act, being laid off under K.S.A. 75-2948, and amendments thereto,
10 and, in the case of a state officer or employee in the unclassified service
11 under the Kansas civil service act, being terminated from employment
12 with the state agency by the appointing authority, except that "laid off"
13 and "layoff" shall not include any separation from employment pursuant
14 to a budget reduction or expenditure authority reduction and a reduction
15 of F.T.E. positions under K.S.A. 75-6801, and amendments thereto; and
16 "institution" means Topeka state hospital or Winfield state hospital and
17 training center.
18 (b) No individual shall, while a legislator or within one year after the
19 expiration of a term as legislator, be interested pecuniarily, either directly
20 or indirectly, in any contract with the state, which contract is funded in
21 whole or in part by any appropriation or is authorized by any law passed
22 during such term, except that the prohibition of this subsection (b) shall
23 not apply to any contract interest in relation to which a disclosure state-
24 ment is filed as provided by K.S.A. 46-239, and amendments thereto.
25 (c) No individual, while a legislator or within one year after the ex-
26 piration of a term as a legislator, shall represent any person in a court
27 proceeding attacking any legislative action taken or enactment made dur-
28 ing any term such individual served as a legislator as being unconstitu-
29 tional because of error in the legislative process with respect to such
30 action or enactment unless such legislator voted no upon the enactment
31 of the measure and declared on the record, during such term, that such
32 legislation was unconstitutional. The prohibition of this subsection (c)
33 shall not apply to a current or former legislator charged with a violation
34 of such legislative action or enactment.
35 (d) No state officer or employee within three years after termination
36 of employment with the state or the expiration of the term of office for
37 which elected shall enter into a consulting contract with a state agency.
38 (d) (e) Subsections (a) and (b) shall not apply to the following:
39 (1) Contracts let after competitive bidding has been advertised for by
40 published notice; and
41 (2) Contracts for property or services for which the price or rate is
42 fixed by law.
43 (e) (f) When used in this section:
3
1 (1) "Substantial interest" shall have the same meaning ascribed
2 thereto by K.S.A. 46-229, and amendments thereto, and any such interest
3 held within the preceding 12 months of the act or event of participating
4
5 in the preparation of making a contract.
6 (2) "Substantially involved in the preparation or participate in the
7 making of a contract" means having approved or disapproved a contract
8 or having provided significant factual or specific information or advice or
9 recommendations in relation to the negotiated terms of the contract.
10 (3) "Consulting contract" means a contract to provide consulting
11 services for compensation.
12 Sec. 2. K.S.A. 1999 Supp. 46-233 is hereby repealed.
13 Sec. 3. This act shall take effect and be in force from and after its
14 publication in the statute book.