SENATE Substitute for Substitute for HOUSE BILL No. 2060
AN ACT concerning the state governmental ethics law; relating to state officers and
employees; providing for the treatment of the reimbursement for expenses incurred
for travel and activities in attending conferences or events by certain specified
nonprofit organizations and discounted or free access to entertainment, sporting
events or other activities; amending K.S.A. 46-237 and 46-237a and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 46-237 is hereby amended to read as follows:
46-237. (a) Except as provided by this section, no state officer or
employee, candidate for state office or state officer elect shall accept, or
agree to accept any:
(1) Economic opportunity, gift, loan, gratuity, special discount,
favor, hospitality or service having an aggregate value of $40 or more
in any calendar year; or
(2) hospitality in the form of recreation having an aggregate value
of $100 or more in any calendar year from any one person known to
have a special interest, under circumstances where such person knows
or should know that a major purpose of the donor is to influence such
person in the performance of their official duties or prospective official
duties.
(b) Except as provided by this section, no person with a special
interest shall offer, pay, give or make any:
(1) Economic opportunity, gift, loan, gratuity, special discount,
favor, hospitality or service having an aggregate value of $40 or more
in any calendar year; or
(2) hospitality in the form of recreation having an aggregate value
of $100 or more in any calendar year to any state officer or employee,
candidate for state office or state officer elect with a major purpose of
influencing such officer or employee, candidate for state office or state
officer elect in the performance of official duties or prospective official
duties or to a member or member elect or employee of the judicial
branch with a major purpose of influencing the member or member
elect or employee of the judicial branch in the performance of official
duties or prospective official duties pertaining to a judicial
administrative matter, as defined in K.S.A. 46-225, and amendments
thereto.
(c) No person licensed, inspected or regulated by a state agency
shall offer, pay, give or make any economic opportunity, gift, loan,
gratuity, special discount, favor, hospitality or service having an
aggregate value of $40 or more in any calendar year to such agency or
any state officer or employee, candidate for state office or state officer
elect of that agency.
(d) Hospitality in the form of food and beverages is presumed not
to be given to influence a state officer or employee, candidate for state
office or state officer elect in the performance of official duties or
prospective official duties, or to influence a member or member elect or
employee of the judicial branch in the performance of official duties or
prospective official duties pertaining to a judicial administrative matter
as defined in K.S.A. 46-225, and amendments thereto, except when a
particular course of official action is to be followed as a condition
thereon.
(e) Except when a particular course of official action is to be
followed as a condition thereon, this section shall not apply to:
(1) Any contribution reported in compliance with the campaign
finance act; or
(2) a commercially reasonable loan or other commercial
transaction in the ordinary course of business.
(f) No state officer or employee shall accept any payment of
honoraria for any speaking engagement except that a member of the
state legislature or a part-time officer or employee of the executive
branch of government shall be allowed to receive reimbursement in the
preparation for and the making of a presentation at a speaking
engagement in an amount fixed by the commission prior to the
acceptance of the speaking engagement. Nothing in this section shall be
construed to prohibit the reimbursement of state officers and employees SENATE Substitute for Substitute HOUSE BILL No. 2060—page 2
for reasonable expenses incurred in attending seminars, conferences
and other speaking engagements.
(g) The provisions of this section shall not be applicable to or
prohibit the acceptance of gifts from governmental agencies of foreign
nations except that any gift accepted from such foreign governmental
agency, having an aggregate value of $100 or more, shall be accepted
on behalf of the state of Kansas.
(h) No legislator shall solicit any contribution to be made to any
organization for the purpose of paying for travel, subsistence and other
expenses incurred by such legislator or other members of the legislature
in attending and participating in meetings, programs and activities of
such organization or those conducted or sponsored by such
organization, but nothing in this act or the act of which this act is
amendatory shall be construed to prohibit any legislator from accepting
reimbursement for actual expenses for travel, subsistence, hospitality,
entertainment and other expenses incurred in attending and
participating in meetings, programs and activities sponsored by the
government of any foreign nation, or any organization organized under
the laws of such foreign nation or any international organization or any
national, nonprofit, nonpartisan organization established for the
purpose of serving, informing, educating and strengthening state
legislatures in all states of the nation that does not engage in lobbying
in the state of Kansas, when paid from funds of such organization and
nothing shall be construed to limit or prohibit the expenditure of funds
of and by any such organization for such purposes.
Sec. 2. K.S.A. 46-237a is hereby amended to read as follows: 46-
237a. (a) The provisions of this section shall apply to:
(1) The governor;
(2) the lieutenant governor;
(3) the governor's spouse;
(4) all officers and employees of the executive branch of state
government; and
(5) all members of boards, commissions and authorities of the
executive 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
ceremony or public function where the person is accepting the gift in
such person's official capacity;
(2) gifts from relatives or gifts from personal friends when it is
obvious to the person that the gift is not being given because of the
person's official position;
(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 that is exempt from taxation under paragraph (3) of subsection
(c) of section 501(c)(3) 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
government, 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 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 position; SENATE Substitute for Substitute HOUSE BILL No. 2060—page 3
(4) food such as soft drinks, coffee or snack foods not offered as
part of a meal;
(5) any meal, the value of which is $40 or less, not provided by a
lobbyist registered pursuant to K.S.A. 46-265, and amendments thereto;
(6) meals provided to a person when the person's presence at the
event or meeting at which the meal is provided serves a legitimate state
purpose or interest and the agency of which such person is an officer or
employee authorizes such person's attendance at such event or meeting;
(7) meals provided to the governor's spouse and members of the
governor's immediate family at the event or meeting at which the meal
is provided serve a legitimate state purpose or interest; and
(8) any meal, if provided by a lobbyist registered pursuant to
K.S.A. 46-265, and amendments thereto, and the lobbyist reports
providing the meal as required pursuant to K.S.A. 46-269, and
amendments thereto, except when a particular course of official action
is to be followed as a condition of accepting the 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) (1) Except as provided by paragraph (2), no person subject to
the provisions of this section shall solicit or accept free or special
discount tickets or access to entertainment or sporting events or
activities such as plays, concerts, games, golf, exclusive swimming,
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, except:
(A) If it is obvious to the person accepting such free or special
discount tickets or access that the free or special discount tickets or
access are not being provided because of such person's official
position; or
(B) if the person's presence at such event or activity serves a
legitimate state purpose or interest and such person's agency
authorizes or would authorize payment for such travel and expenses.
(2) The provisions of this subsection paragraph (1) shall not apply
to persons 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
employee 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 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 violation 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
in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such remittance, the state treasurer shall
deposit the entire amount in the state treasury to the credit of the
governmental ethics fee fund established by K.S.A. 25-4119e, and
amendments thereto.
(4) Receiving a meal provided by a lobbyist who is not registered
pursuant to K.S.A. 46-265, and amendments thereto, or who fails to
report providing the meal as required pursuant to K.S.A. 46-269, and SENATE Substitute for Substitute HOUSE BILL No. 2060—page 4
amendments thereto, or as required by subsection (c)(8), shall not be
considered a violation of this section, unless the recipient knew the
lobbyist was not registered or requested that the lobbyist not report the
meal.
Sec. 3. K.S.A. 46-237 and 46-237a are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.