| 9 | | - | Section 1. K.S.A. 46-237 is hereby amended to read as follows: |
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| 10 | | - | 46-237. (a) Except as provided by this section, no state officer or |
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| 11 | | - | employee, candidate for state office or state officer elect shall accept, or |
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| 12 | | - | agree to accept any: |
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| 13 | | - | (1) Economic opportunity, gift, loan, gratuity, special discount, |
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| 14 | | - | favor, hospitality or service having an aggregate value of $40 or more |
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| 15 | | - | in any calendar year; or |
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| 16 | | - | (2) hospitality in the form of recreation having an aggregate value |
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| 17 | | - | of $100 or more in any calendar year from any one person known to |
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| 18 | | - | have a special interest, under circumstances where such person knows |
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| 19 | | - | or should know that a major purpose of the donor is to influence such |
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| 20 | | - | person in the performance of their official duties or prospective official |
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| 21 | | - | duties. |
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| 22 | | - | (b) Except as provided by this section, no person with a special |
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| 23 | | - | interest shall offer, pay, give or make any: |
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| 24 | | - | (1) Economic opportunity, gift, loan, gratuity, special discount, |
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| 25 | | - | favor, hospitality or service having an aggregate value of $40 or more |
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| 26 | | - | in any calendar year; or |
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| 27 | | - | (2) hospitality in the form of recreation having an aggregate value |
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| 28 | | - | of $100 or more in any calendar year to any state officer or employee, |
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| 29 | | - | candidate for state office or state officer elect with a major purpose of |
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| 30 | | - | influencing such officer or employee, candidate for state office or state |
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| 31 | | - | officer elect in the performance of official duties or prospective official |
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| 32 | | - | duties or to a member or member elect or employee of the judicial |
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| 33 | | - | branch with a major purpose of influencing the member or member |
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| 34 | | - | elect or employee of the judicial branch in the performance of official |
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| 35 | | - | duties or prospective official duties pertaining to a judicial |
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| 36 | | - | administrative matter, as defined in K.S.A. 46-225, and amendments |
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| 37 | | - | thereto. |
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| 38 | | - | (c) No person licensed, inspected or regulated by a state agency |
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| 39 | | - | shall offer, pay, give or make any economic opportunity, gift, loan, |
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| 40 | | - | gratuity, special discount, favor, hospitality or service having an |
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| 41 | | - | aggregate value of $40 or more in any calendar year to such agency or |
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| 42 | | - | any state officer or employee, candidate for state office or state officer |
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| 43 | | - | elect of that agency. |
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| 44 | | - | (d) Hospitality in the form of food and beverages is presumed not |
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| 45 | | - | to be given to influence a state officer or employee, candidate for state |
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| 46 | | - | office or state officer elect in the performance of official duties or |
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| 47 | | - | prospective official duties, or to influence a member or member elect or |
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| 48 | | - | employee of the judicial branch in the performance of official duties or |
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| 49 | | - | prospective official duties pertaining to a judicial administrative matter |
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| 50 | | - | as defined in K.S.A. 46-225, and amendments thereto, except when a |
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| 51 | | - | particular course of official action is to be followed as a condition |
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| 52 | | - | thereon. |
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| 53 | | - | (e) Except when a particular course of official action is to be |
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| 54 | | - | followed as a condition thereon, this section shall not apply to: |
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| 55 | | - | (1) Any contribution reported in compliance with the campaign |
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| 56 | | - | finance act; or |
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| 57 | | - | (2) a commercially reasonable loan or other commercial |
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| 58 | | - | transaction in the ordinary course of business. |
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| 59 | | - | (f) No state officer or employee shall accept any payment of |
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| 60 | | - | honoraria for any speaking engagement except that a member of the |
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| 61 | | - | state legislature or a part-time officer or employee of the executive |
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| 62 | | - | branch of government shall be allowed to receive reimbursement in the |
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| 63 | | - | preparation for and the making of a presentation at a speaking |
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| 64 | | - | engagement in an amount fixed by the commission prior to the |
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| 65 | | - | acceptance of the speaking engagement. Nothing in this section shall be |
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| 66 | | - | construed to prohibit the reimbursement of state officers and employees SENATE Substitute for Substitute HOUSE BILL No. 2060—page 2 |
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| 67 | | - | for reasonable expenses incurred in attending seminars, conferences |
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| 68 | | - | and other speaking engagements. |
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| 69 | | - | (g) The provisions of this section shall not be applicable to or |
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| 70 | | - | prohibit the acceptance of gifts from governmental agencies of foreign |
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| 71 | | - | nations except that any gift accepted from such foreign governmental |
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| 72 | | - | agency, having an aggregate value of $100 or more, shall be accepted |
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| 73 | | - | on behalf of the state of Kansas. |
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| 74 | | - | (h) No legislator shall solicit any contribution to be made to any |
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| 75 | | - | organization for the purpose of paying for travel, subsistence and other |
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| 76 | | - | expenses incurred by such legislator or other members of the legislature |
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| 77 | | - | in attending and participating in meetings, programs and activities of |
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| 78 | | - | such organization or those conducted or sponsored by such |
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| 79 | | - | organization, but nothing in this act or the act of which this act is |
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| 80 | | - | amendatory shall be construed to prohibit any legislator from accepting |
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| 81 | | - | reimbursement for actual expenses for travel, subsistence, hospitality, |
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| 82 | | - | entertainment and other expenses incurred in attending and |
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| 83 | | - | participating in meetings, programs and activities sponsored by the |
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| 84 | | - | government of any foreign nation, or any organization organized under |
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| 85 | | - | the laws of such foreign nation or any international organization or any |
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| 86 | | - | national, nonprofit, nonpartisan organization established for the |
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| 87 | | - | purpose of serving, informing, educating and strengthening state |
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| 88 | | - | legislatures in all states of the nation that does not engage in lobbying |
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| 89 | | - | in the state of Kansas, when paid from funds of such organization and |
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| 90 | | - | nothing shall be construed to limit or prohibit the expenditure of funds |
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| 91 | | - | of and by any such organization for such purposes. |
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| 92 | | - | Sec. 2. K.S.A. 46-237a is hereby amended to read as follows: 46- |
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| 93 | | - | 237a. (a) The provisions of this section shall apply to: |
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| 94 | | - | (1) The governor; |
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| 95 | | - | (2) the lieutenant governor; |
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| 96 | | - | (3) the governor's spouse; |
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| 97 | | - | (4) all officers and employees of the executive branch of state |
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| 98 | | - | government; and |
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| 99 | | - | (5) all members of boards, commissions and authorities of the |
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| 100 | | - | executive branch of state government. |
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| 101 | | - | (b) No person subject to the provisions of this section shall solicit |
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| 102 | | - | or accept any gift, economic opportunity, loan, gratuity, special |
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| 103 | | - | discount or service provided because of such person's official position, |
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| 104 | | - | except: |
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| 105 | | - | (1) A gift having an aggregate value of less than $40 given at a |
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| 106 | | - | ceremony or public function where the person is accepting the gift in |
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| 107 | | - | such person's official capacity; |
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| 108 | | - | (2) gifts from relatives or gifts from personal friends when it is |
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| 109 | | - | obvious to the person that the gift is not being given because of the |
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| 110 | | - | person's official position; |
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| 111 | | - | (3) anything of value received by the person on behalf of the state |
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| 112 | | - | that inures to the benefit of the state or that becomes the property of the |
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| 113 | | - | state; or |
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| 114 | | - | (4) contributions solicited on behalf of a nonprofit organization |
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| 115 | | - | which that is exempt from taxation under paragraph (3) of subsection |
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| 116 | | - | (c) of section 501(c)(3) of the internal revenue code of 1986, as |
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| 117 | | - | amended. |
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| 118 | | - | (c) No person subject to the provisions of this section shall solicit |
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| 119 | | - | or accept free or special discount meals from a source outside of state |
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| 120 | | - | government, except: |
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| 121 | | - | (1) Meals, the provision of which is motivated by a personal or |
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| 122 | | - | family relationship or provided at events that are widely attended. An |
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| 123 | | - | occasion is "widely attended" when it is obvious to the person |
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| 124 | | - | accepting the meal that the reason for providing the meal is not a |
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| 125 | | - | pretext for exclusive or nearly exclusive access to the person; |
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| 126 | | - | (2) meals provided at public events in which the person is |
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| 127 | | - | attending in an official capacity; |
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| 128 | | - | (3) meals provided to a person subject to this act when it is |
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| 129 | | - | obvious such meals are not being provided because of the person's |
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| 130 | | - | official position; SENATE Substitute for Substitute HOUSE BILL No. 2060—page 3 |
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| 131 | | - | (4) food such as soft drinks, coffee or snack foods not offered as |
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| 132 | | - | part of a meal; |
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| 133 | | - | (5) any meal, the value of which is $40 or less, not provided by a |
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| 134 | | - | lobbyist registered pursuant to K.S.A. 46-265, and amendments thereto; |
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| 135 | | - | (6) meals provided to a person when the person's presence at the |
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| 136 | | - | event or meeting at which the meal is provided serves a legitimate state |
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| 137 | | - | purpose or interest and the agency of which such person is an officer or |
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| 138 | | - | employee authorizes such person's attendance at such event or meeting; |
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| 139 | | - | (7) meals provided to the governor's spouse and members of the |
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| 140 | | - | governor's immediate family at the event or meeting at which the meal |
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| 141 | | - | is provided serve a legitimate state purpose or interest; and |
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| 142 | | - | (8) any meal, if provided by a lobbyist registered pursuant to |
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| 143 | | - | K.S.A. 46-265, and amendments thereto, and the lobbyist reports |
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| 144 | | - | providing the meal as required pursuant to K.S.A. 46-269, and |
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| 145 | | - | amendments thereto, except when a particular course of official action |
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| 146 | | - | is to be followed as a condition of accepting the meal. |
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| 147 | | - | (d) No person subject to the provisions of this section shall solicit |
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| 148 | | - | or accept free or special discount travel or related expenses from a |
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| 149 | | - | source outside state government, except: |
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| 150 | | - | (1) When it is obvious to the person accepting the same that the |
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| 151 | | - | free or special discount travel and related expenses are not being |
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| 152 | | - | provided because of the person's official position; or |
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| 153 | | - | (2) when the person's presence at a meeting, seminar or event |
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| 154 | | - | serves a legitimate state purpose or interest and the person's agency |
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| 155 | | - | authorizes or would authorize payment for such travel and expenses. |
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| 156 | | - | (e) (1) Except as provided by paragraph (2), no person subject to |
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| 157 | | - | the provisions of this section shall solicit or accept free or special |
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| 158 | | - | discount tickets or access to entertainment or sporting events or |
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| 159 | | - | activities such as plays, concerts, games, golf, exclusive swimming, |
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| 160 | | - | hunting or fishing or other recreational activities when the free or |
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| 161 | | - | special discount tickets or access are provided because of the person's |
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| 162 | | - | official position, except: |
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| 163 | | - | (A) If it is obvious to the person accepting such free or special |
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| 164 | | - | discount tickets or access that the free or special discount tickets or |
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| 165 | | - | access are not being provided because of such person's official |
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| 166 | | - | position; or |
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| 167 | | - | (B) if the person's presence at such event or activity serves a |
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| 168 | | - | legitimate state purpose or interest and such person's agency |
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| 169 | | - | authorizes or would authorize payment for such travel and expenses. |
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| 170 | | - | (2) The provisions of this subsection paragraph (1) shall not apply |
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| 171 | | - | to persons whose official position requires or obliges them to be present |
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| 172 | | - | at such events or activities. |
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| 173 | | - | (f) (1) Violations of the provisions of this section by any classified |
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| 174 | | - | employee in the civil service of the state of Kansas shall be considered |
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| 175 | | - | personal conduct detrimental to the state service and shall be a basis for |
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| 176 | | - | suspension, demotion or dismissal, subject to applicable state law. |
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| 177 | | - | (2) Violations of the provisions of this section by any unclassified |
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| 178 | | - | employee shall subject such employee to discipline up to and including |
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| 179 | | - | termination. |
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| 180 | | - | (3) In addition to the penalty prescribed under paragraphs (1) and |
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| 181 | | - | (2), the commission may assess a civil fine, after proper notice and an |
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| 182 | | - | opportunity to be heard, against any person for a violation of this |
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| 183 | | - | section, in an amount not to exceed $5,000 for the first violation, not to |
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| 184 | | - | exceed $10,000 for the second violation and not to exceed $15,000 for |
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| 185 | | - | the third violation and for each subsequent violation. All fines assessed |
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| 186 | | - | and collected under this section shall be remitted to the state treasurer |
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| 187 | | - | in accordance with the provisions of K.S.A. 75-4215, and amendments |
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| 188 | | - | thereto. Upon receipt of each such remittance, the state treasurer shall |
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| 189 | | - | deposit the entire amount in the state treasury to the credit of the |
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| 190 | | - | governmental ethics fee fund established by K.S.A. 25-4119e, and |
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| 191 | | - | amendments thereto. |
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| 192 | | - | (4) Receiving a meal provided by a lobbyist who is not registered |
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| 193 | | - | pursuant to K.S.A. 46-265, and amendments thereto, or who fails to |
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| 194 | | - | report providing the meal as required pursuant to K.S.A. 46-269, and SENATE Substitute for Substitute HOUSE BILL No. 2060—page 4 |
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| 195 | | - | amendments thereto, or as required by subsection (c)(8), shall not be |
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| 196 | | - | considered a violation of this section, unless the recipient knew the |
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| 197 | | - | lobbyist was not registered or requested that the lobbyist not report the |
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| 198 | | - | meal. |
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| 199 | | - | Sec. 3. K.S.A. 46-237 and 46-237a are hereby repealed. |
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| 10 | + | Section 1. K.S.A. 2024 Supp. 75-7203 hereby amended to read as |
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| 11 | + | follows: 75-7203. (a) The information technology executive council is |
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| 12 | + | hereby authorized to adopt such policies and rules and regulations as |
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| 13 | + | necessary to implement, administer and enforce the provisions of this act. |
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| 14 | + | (b) The council shall: |
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| 15 | + | (1) Adopt: |
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| 16 | + | (A) Information technology resource policies and procedures and |
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| 17 | + | project management methodologies for all executive branch agencies; |
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| 18 | + | (B) an information technology architecture, including |
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| 19 | + | telecommunications systems, networks and equipment, that covers all state |
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| 20 | + | agencies; |
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| 21 | + | (C) standards for data management for all executive branch agencies; |
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| 22 | + | and |
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| 23 | + | (D) a strategic information technology management plan for the |
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| 24 | + | executive branch; |
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| 25 | + | (2) provide direction and coordination for the application of the |
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| 26 | + | executive branch's information technology resources; |
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| 27 | + | (3) designate the ownership of information resource processes and the |
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| 28 | + | lead executive branch agency for implementation of new technologies and |
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| 29 | + | networks shared by multiple agencies within the executive branch of state |
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| 30 | + | government; |
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| 31 | + | (4) develop a plan to integrate all information technology services for |
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| 32 | + | the executive branch into the office of information technology services and |
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| 33 | + | all cybersecurity services for state educational institutions as defined in |
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| 34 | + | K.S.A. 76-711, and amendments thereto, into the office of information |
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| 35 | + | technology services and the Kansas information security office; and |
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| 36 | + | (5) perform such other functions and duties as necessary to carry out |
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| 37 | + | the provisions of this act. |
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| 38 | + | (c) The information technology executive council shall report the |
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| 39 | + | plan developed under subsection (b)(4) to the senate standing committee |
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| 76 | + | on ways and means and, the house standing committee on legislative |
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| 77 | + | modernization or its successor committee and the joint committee on |
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| 78 | + | information technology prior to January 15, 2026, in accordance with |
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| 79 | + | K.S.A. 2024 Supp. 75-7245, and amendments thereto. |
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| 80 | + | Sec. 2. K.S.A. 2024 Supp. 75-7245 is hereby amended to read as |
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| 81 | + | follows: 75-7245. (a) On and after July 1, 2027, all cybersecurity services |
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| 82 | + | for each branch of state government shall be administered by the chief |
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| 83 | + | information technology officer and the chief information security officer of |
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| 84 | + | such branch. All cybersecurity employees within the legislative and |
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| 85 | + | executive branches of state government shall work at the direction of the |
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| 86 | + | chief information technology officer of the branch. |
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| 87 | + | (b) Prior to January 1, 2026: |
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| 88 | + | (1) The information technology executive council shall develop a |
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| 89 | + | plan to integrate all executive branch information technology services into |
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| 90 | + | the office of information technology services. The council shall consult |
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| 91 | + | with each agency head when developing such plan. |
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| 92 | + | (2) The judicial chief information technology officer shall develop an |
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| 93 | + | estimated project cost to provide information technology to judicial |
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| 94 | + | agencies and all employees of such agencies, including state and county- |
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| 95 | + | funded judicial branch district court employees. Such employees shall be |
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| 96 | + | required to use such state-issued information technology hardware. The |
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| 97 | + | project cost developed pursuant to this paragraph shall include, in |
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| 98 | + | consultation with the executive branch information technology officer, a |
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| 99 | + | plan to allow each piece of information technology hardware that is used |
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| 100 | + | by a judicial branch employee to access a judicial branch application to |
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| 101 | + | have access to the KANWIN network and an estimated project cost to |
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| 102 | + | develop a cybersecurity program for all judicial districts that complies |
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| 103 | + | with the national institute of standards and technology cybersecurity |
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| 104 | + | framework (CSF) 2.0, as in effect on July 1, 2024. |
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| 105 | + | (c) The information technology executive council shall report the |
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| 106 | + | plan developed pursuant to subsection (b) to the senate standing committee |
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| 107 | + | on ways and means and, the house standing committee on legislative |
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| 108 | + | modernization or its successor committee and the joint committee on |
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| 109 | + | information technology prior to January 15, 2026. |
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| 110 | + | (d) Prior to February 1, 2025, every website that is maintained by a |
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| 111 | + | branch of government or state agency shall be moved to a ".gov" domain. |
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| 112 | + | (e) On July 1, 2025, and each year thereafter, moneys appropriated |
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| 113 | + | from the state general fund to or any special revenue fund of any state |
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| 114 | + | agency for information technology and cybersecurity expenditures shall be |
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| 115 | + | appropriated as a separate line item and shall not be merged with other |
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| 116 | + | items of appropriation for such state agency to allow for detailed review |
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| 117 | + | by the senate committee on ways and means and the house of |
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| 118 | + | representatives committee on appropriations during each regular |
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| 162 | + | legislative session. |
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| 163 | + | (f) The provisions of this section do not apply to state educational |
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| 164 | + | institutions as defined in K.S.A. 76-711, and amendments thereto. |
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| 165 | + | (g) This section shall expire on July 1, 2026. |
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| 166 | + | Sec. 3. K.S.A. 2024 Supp. 75-7203, as amended by section 20 of |
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| 167 | + | 2024 Senate Bill No. 291, and 75-7245 are hereby repealed. |
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