Session of 2000
         
HOUSE BILL No. 2880
         
By Representative Carmody
         
2-7
         

  9             AN  ACT relating to lobbying and lobbyists; relating to campaign finance
10             and governmental ethics; amending K.S.A. 46-222 and 46-225 and re-
11             pealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 46-222 is hereby amended to read as follows: 46-
15       222. (a) "Lobbyist" means: (1) Any person employed in considerable de-
16       gree for lobbying; (2) any person formally appointed as the primary rep-
17       resentative of an organization or other person to lobby in person on
18       state-owned or leased property; or (3) any person who makes expendi-
19       tures in an aggregate amount of $100 or more, exclusive of: (A) Personal
20       travel and subsistence expenses, in any calendar year for lobbying; or (B)
21       expenses of internet websites which offer political viewpoints and urge
22       people to contact their legislators about specific legislation or legislative
23       ideas.
24             (b) Lobbyist shall not include: (1) Any state officer or employee en-
25       gaged in carrying out the duties of their office; (2) the employer of a
26       lobbyist, if such lobbyist has registered the name and address of such
27       employer under K.S.A. 46-265 and amendments thereto; (3) any non-
28       profit organization which has qualified under paragraph (3) of subsection
29       (c) of section 501 of the internal revenue code of 1954, as amended, which
30       is interstate in its operations and of which a primary purpose is the non-
31       partisan analysis, study or research of legislative procedures or practices
32       and the dissemination of the results thereof to the public, irrespective of
33       whether such organization may recommend a course of action as a result
34       of such analysis, study or research; (4) any justice or commissioner of the
35       supreme court or judge of the judicial branch or employee or officer of
36       the judicial branch or, any member of a board, council or commission
37       who is appointed by the supreme court or who is elected or appointed to
38       exercise duties pertaining to functions of the judicial branch, when such
39       person is engaged in performing a function or duty for the judicial branch;
40       or (5) any appointed member of an advisory council, commission or board,
41       who serves without compensation other than amounts for expense allow-
42       ances or reimbursement of expenses as provided for in subsection (e) of
43       K.S.A. 75-3223 and amendments thereto, when such member is engaged


2

  1       in performing a function or duty for such council, commission or board.
  2             Sec.  2. K.S.A. 46-225 is hereby amended to read as follows: 46-225.
  3       (a) "Lobbying" means: (1) Promoting or opposing in any manner action
  4       or nonaction by the legislature on any legislative matter or the adoption
  5       or nonadoption of any rule and regulation by any state agency; or
  6             (2) entertaining any state officer or employee or giving any gift, hon-
  7       orarium or payment to a state officer or employee in an aggregate value
  8       of $40 or more within any calendar year, if at any time during such year
  9       the person supplying the entertainment, gifts, honoraria or payments has
10       a financial interest in any contract with, or action, proceeding or other
11       matter before the state agency in which such state officer or employee
12       serves, or if such person is the representative of a person having such a
13       financial interest.
14             (c) (b) "Lobbying" does not include any expenditure from amounts
15       appropriated by the legislature for official hospitality.
16             (d) (c) "Lobbying" does not include representation of a claimant on
17       a claim filed by the claimant under K.S.A. 46-907 and 46-912 to 46-919,
18       inclusive, and amendments thereto in proceedings before the joint com-
19       mittee on special claims against the state.
20             (e) (d) "Lobbying" does not include bona fide personal or business
21       entertaining.
22             (e) "Lobbying" does not include internet websites that offer political
23       viewpoints and urge people to contact their legislators about specific leg-
24       islation or legislative ideas.
25             (f) (f) No legislator may be hired as a lobbyist to represent anyone
26       before any state agency. 
27       Sec.  3. K.S.A. 46-222 and 46-225 are hereby repealed.
28        Sec.  4. This act shall take effect and be in force from and after its
29       publication in the statute book.