952             1997 Session Laws of Kansas             Ch. 155

An Act concerning state governmental ethics; relating to lobbying and lobbyists; relating
to state officers and employees; amending K.S.A. 46-267 and 46-269 and K.S.A. 1996
Supp. 46-233 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 46-269 is hereby amended to read as follows: 46-
269. Each report under K.S.A. 46-268, and amendments thereto, shall
disclose the following:

(a) The full name and address of each person who has paid compen-
sation for lobbying to the lobbyist or has paid for expenses of lobbying by
the lobbyist during the period reported.

(b) The aggregate amount or value of all expenditures made, except
for expenses of general office overhead, by the lobbyist or by the lobbyist's
employer for or in direct relation to lobbying during the reporting period,
if such expenditures exceed $100. Individual expenditures of less than $2
shall not be required to be reported under this subsection. Every lobbyist
shall keep detailed accounts of all expenditures required to be reported
pursuant to K.S.A. 46-268, and amendments thereto. Such expenditures
shall be reported according to the following categories of expenditures:

(1) Food and beverages provided as hospitality;

(2) entertainment, gifts, honoraria or payments;

(3) mass media communications;

(4) recreation provided as hospitality;

(5) communications for the purpose of influencing legislative or ex-
ecutive action; and

(6) all other reportable expenditures made in the performance of
services as a lobbyist.
With regard to expenditures for entertainment or hospitality which is
primarily recreation, food and beverages, only amounts expended on a
state officer or employee or on such officer or employee's spouse shall
be considered to be for or in direct relation to lobbying. Notwithstanding
the requirements of this subsection and subsection (c), no lobbyist shall
be responsible to report any expenditure by the lobbyist's employer of
which such person has no knowledge.

(c) Whenever an individual lobbyist contributes to a single special
event, such lobbyist shall report only the aggregate amount or value of
the expenditure contributed by such lobbyist.

(d) Whenever more than one lobbyist is employed by a single em-
ployer, the reports required by this section relating to such employer shall
be made by only one such lobbyist and that lobbyist shall be the lobbyist
who is most directly connected with the particular expenditure or gift,
honoraria or payment. No expenditure or gift, honoraria or payment re-

Ch. 155             1997 Session Laws of Kansas             953

quired to be reported by this section shall be reported by more than one
lobbyist.

(e) Records in support of every report or statement filed All accounts,
records and documents of the lobbyist which relate to every expenditure
reported or which should have been reported shall be maintained and
preserved by the lobbyist for a period of five years from the date of the
filing of such report or statement and may be inspected under conditions
determined by the commission.

Sec. 2. K.S.A. 1996 Supp. 46-233 is hereby amended to read as fol-
lows: 46-233. (a) (1) No state officer or employee shall in the capacity as
such officer or employee be substantially involved in the preparation of
or participate in the making of a contract with any person or business by
which such officer or employee is employed or in whose business such
officer or employee or any member of such officer's or employee's im-
mediate family has a substantial interest and no such person or business
shall enter into any contract where any state officer or employee, acting
in such capacity, is a signatory to, has been substantially involved in the
preparation of or is a participant in the making of such contract and is
employed by such person or business or such officer or employee or any
member of such officer's or employee's immediate family has a substantial
interest in such person or business. Substantial interest means ``substan-
tial interest'' as defined by K.S.A. 46-229, and amendments thereto, and
any such interest held within the preceding twelve months of the act or
event of participating in the preparation of making a contract.

(2) Except as otherwise provided in this subsection, whenever any
individual has, within the preceding two years participated as a state of-
ficer or employee in the making of any contract with any person or busi-
ness, such individual shall not accept employment with such person or
business for one year following termination of as an employee, indepen-
dent contractor or subcontractor until two years after performance of the
contract is completed or until two years after the individual terminates
employment as a state officer or employee, whichever is sooner. This
prohibition on accepting employment shall not apply in any case in which:
(A) A state officer or employee who participated in making a contract
while employed by an institution that is subsequently closed or abolished
or otherwise ceases operations or that has budget reductions imposed
that are associated with such closure and who is laid off from employment
with such institution for the reason of such closure, abolition or cessation
of operations or such imposition of budget reductions; or (B) a state of-
ficer or employee who participated in making a contract while employed
by an institution that is scheduled to be closed or abolished or to cease
operations, who is scheduled to be laid off from employment with such
institution for the reason of the scheduled closure, abolition or cessation
of operations, and who voluntarily terminates such employment after re-

954             1997 Session Laws of Kansas             Ch. 155

ceiving such state officer or employee's notice of the scheduled layoff. As
used in this subsection (a)(2), ``laid off'' and ``layoff'' mean, in the case of
a state officer or employee in the classified service under the Kansas civil
service act, being laid off under K.S.A. 75-2948, and amendments thereto,
and, in the case of a state officer or employee in the unclassified service
under the Kansas civil service act, being terminated from employment
with the state agency by the appointing authority, except that ``laid off''
and ``layoff'' shall not include any separation from employment pursuant
to a budget reduction or expenditure authority reduction and a reduction
of F.T.E. positions under K.S.A. 1996 Supp. 75-6801, and amendments
thereto; and ``institution'' means Topeka state hospital or Winfield state
hospital and training center.

(b) No individual shall, while a legislator or within one year after the
expiration of a term as legislator, be interested pecuniarily, either directly
or indirectly, in any contract with the state, which contract is funded in
whole or in part by any appropriation or is authorized by any law passed
during such term, except that the prohibition of this subsection (b) shall
not apply to any contract interest in relation to which a disclosure state-
ment is filed as provided by K.S.A. 46-239, and amendments thereto.

(c) No individual, while a legislator or within one year after the ex-
piration of a term as a legislator, shall represent any person in a court
proceeding attacking any legislative action taken or enactment made dur-
ing any term such individual served as a legislator as being unconstitu-
tional because of error in the legislative process with respect to such
action or enactment unless such legislator voted no upon the enactment
of the measure and declared on the record, during such term, that such
legislation was unconstitutional. The prohibition of this subsection (c)
shall not apply to a current or former legislator charged with a violation
of such legislative action or enactment.

(d) Subsections (a) and (b) shall not apply to the following:

(1) Contracts let after competitive bidding has been advertised for by
published notice; and

(2) Contracts for property or services for which the price or rate is
fixed by law.

(e) When used in this section:

(1) ``Substantial interest'' shall have the same meaning ascribed
thereto by K.S.A. 46-229, and amendments thereto, and any such interest
held within the preceding 12 months of the act or event of participating
in the preparation of making a contract.

(2) ``Substantially involved in the preparation or participate in the
making of a contract'' means having approved or disapproved a contract
or having provided significant factual or specific information or advice
or recommendations in relation to the negotiated terms of the contract.

Sec. 3. K.S.A. 46-267 is hereby amended to read as follows: 46-267.

Ch. 155             1997 Session Laws of Kansas             955

(a) No person shall pay or accept or agree to pay or accept or arrange
for a third party to pay or agree to pay present, future, promised or
contingent compensation, or any part thereof, for lobbying which is con-
tingent upon the result achieved or attained.

(b) No person shall pay or accept or agree to pay or accept present,
future, promised or contingent compensation, or any part thereof, for the
referral of a person or persons to a lobbyist for lobbying services.

(c) No lobbying contract or agreement shall be valid or enforceable
in a court of law unless it is in writing, signed by all parties thereto and
was executed prior to the lobbyist's commencement of lobbying for the
represented person under such contract or agreement. Any such lobbying
contract or agreement shall be invalid and unenforceable unless such lob-
byist complies with all lobbying laws and lobbyist reporting requirements
of this act.

New Sec. 4. (a) The provisions of this section shall apply to:

(1) The governor;

(2) the lieutenant governor;

(3) the governor's spouse;

(4) all classified employees in the civil service of the state of Kansas;

(5) all unclassified employees in the executive branch of state gov-
ernment whose compensation is subject to approval by the governor pur-
suant to K.S.A. 75-2935b, and amendments thereto; and

(6) all members of boards, commissions and authorities of the exec-
utive branch of state government.

(b) No person subject to the provisions of this section shall solicit or
accept any gift, economic opportunity, loan, gratuity, special discount or
service provided because of such person's official position, except:

(1) A gift having an aggregate value of less than $40 given at a cere-
mony or public function where the person is accepting the gift in such
person's official capacity; or

(2) gifts from relatives or gifts from personal friends when it is ob-
vious to the person that the gift is not being given because of the person's
official position; or

(3) anything of value received by the person on behalf of the state
that inures to the benefit of the state or that becomes the property of the
state; or

(4) contributions solicited on behalf of a nonprofit organization which
is exempt from taxation under paragraph (3) of subsection (c) of section
501 of the internal revenue code of 1986, as amended.

(c) No person subject to the provisions of this section shall solicit or
accept free or special discount meals from a source outside of state gov-
ernment, except:

(1) Meals, the provision of which is motivated by a personal or family
relationship or provided at events that are widely attended. An occasion

956             1997 Session Laws of Kansas             Ch. 155

is ``widely attended'' when it is obvious to the person accepting the meal
that the reason for providing the meal is not a pretext for exclusive or
nearly exclusive access to the person;

(2) meals provided at public events in which the person is attending
in an official capacity;

(3) meals provided to a person subject to this act when it is obvious
such meals are not being provided because of the person's official posi-
tion; and

(4) food such as soft drinks, coffee or snack foods not offered as part
of a meal.

(d) No person subject to the provisions of this section shall solicit or
accept free or special discount travel or related expenses from a source
outside state government, except:

(1) When it is obvious to the person accepting the same that the free
or special discount travel and related expenses are not being provided
because of the person's official position; or

(2) when the person's presence at a meeting, seminar or event serves
a legitimate state purpose or interest and the person's agency authorizes
or would authorize payment for such travel and expenses.

(e) No person subject to the provisions of this section shall solicit or
accept free or special discount tickets or access to entertainment or sport-
ing events or activities such as plays, concerts, games, golf, exclusive swim-
ming, hunting or fishing or other recreational activities when the free or
special discount tickets or access are provided because of the person's
official position. The provisions of this subsection shall not apply to per-
sons whose official position requires or obliges them to be present at such
events or activities.

(f) (1) Violations of the provisions of this section by any classified
employee in the civil service of the state of Kansas shall be considered
personal conduct detrimental to the state service and shall be a basis for
suspension, demotion or dismissal, subject to applicable state law.

(2) Violations of the provisions of this section by any unclassified em-
ployee whose compensation is subject to be approved by the governor
pursuant to K.S.A. 75-2935b, and amendments thereto, shall subject such
employee to discipline up to and including termination.

(3) In addition to the penalty prescribed under paragraphs (1) and
(2), the commission on governmental standards and conduct may assess
a civil fine, after proper notice and an opportunity to be heard, against
any person for a violation of this section, in an amount not to exceed
$5,000 for the first violation, not to exceed $10,000 for the second vio-
lation and not to exceed $15,000 for the third violation and for each
subsequent violation. All fines assessed and collected under this section
shall be remitted to the state treasurer. Upon receipt thereof, the state
treasurer shall deposit the entire amount in the state treasury and credit

Ch. 155             1997 Session Laws of Kansas             957

it to the Kansas commission on governmental standards and conduct fee
fund.

Sec. 5. K.S.A. 46-267 and 46-269 and K.S.A. 1996 Supp. 46-233 are
hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 24, 1997.