KS
Kansas Senate Bill SB285

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB285 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 285
33 By Committee on Federal and State Affairs
44 3-4
55 AN ACT concerning the state governmental ethics law; relating to state
66 officers and employees; providing for the treatment of the
77 reimbursement for expenses incurred for travel and activities in
88 attending conferences or events by certain specified nonprofit
99 organizations and discounted or free access to entertainment, sporting
1010 events or other activities; amending K.S.A. 46-237 and 46-237a and
1111 repealing the existing sections.
1212 Be it enacted by the Legislature of the State of Kansas:
1313 Section 1. K.S.A. 46-237 is hereby amended to read as follows: 46-
1414 237. (a) Except as provided by this section, no state officer or employee,
1515 candidate for state office or state officer elect shall accept, or agree to
1616 accept any:
1717 (1) Economic opportunity, gift, loan, gratuity, special discount, favor,
1818 hospitality or service having an aggregate value of $40 or more in any
1919 calendar year; or
2020 (2) hospitality in the form of recreation having an aggregate value of
2121 $100 or more in any calendar year from any one person known to have a
2222 special interest, under circumstances where such person knows or should
2323 know that a major purpose of the donor is to influence such person in the
2424 performance of their official duties or prospective official duties.
2525 (b) Except as provided by this section, no person with a special
2626 interest shall offer, pay, give or make any:
2727 (1) Economic opportunity, gift, loan, gratuity, special discount, favor,
2828 hospitality or service having an aggregate value of $40 or more in any
2929 calendar year; or
3030 (2) hospitality in the form of recreation having an aggregate value of
3131 $100 or more in any calendar year to any state officer or employee,
3232 candidate for state office or state officer elect with a major purpose of
3333 influencing such officer or employee, candidate for state office or state
3434 officer elect in the performance of official duties or prospective official
3535 duties or to a member or member elect or employee of the judicial branch
3636 with a major purpose of influencing the member or member elect or
3737 employee of the judicial branch in the performance of official duties or
3838 prospective official duties pertaining to a judicial administrative matter, as
3939 defined in K.S.A. 46-225, and amendments thereto.
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7676 (c) No person licensed, inspected or regulated by a state agency shall
7777 offer, pay, give or make any economic opportunity, gift, loan, gratuity,
7878 special discount, favor, hospitality or service having an aggregate value of
7979 $40 or more in any calendar year to such agency or any state officer or
8080 employee, candidate for state office or state officer elect of that agency.
8181 (d) Hospitality in the form of food and beverages is presumed not to
8282 be given to influence a state officer or employee, candidate for state office
8383 or state officer elect in the performance of official duties or prospective
8484 official duties, or to influence a member or member elect or employee of
8585 the judicial branch in the performance of official duties or prospective
8686 official duties pertaining to a judicial administrative matter as defined in
8787 K.S.A. 46-225, and amendments thereto, except when a particular course
8888 of official action is to be followed as a condition thereon.
8989 (e) Except when a particular course of official action is to be followed
9090 as a condition thereon, this section shall not apply to:
9191 (1) Any contribution reported in compliance with the campaign
9292 finance act; or
9393 (2) a commercially reasonable loan or other commercial transaction
9494 in the ordinary course of business.
9595 (f) No state officer or employee shall accept any payment of
9696 honoraria for any speaking engagement except that a member of the state
9797 legislature or a part-time officer or employee of the executive branch of
9898 government shall be allowed to receive reimbursement in the preparation
9999 for and the making of a presentation at a speaking engagement in an
100100 amount fixed by the commission prior to the acceptance of the speaking
101101 engagement. Nothing in this section shall be construed to prohibit the
102102 reimbursement of state officers and employees for reasonable expenses
103103 incurred in attending seminars, conferences and other speaking
104104 engagements.
105105 (g) The provisions of this section shall not be applicable to or prohibit
106106 the acceptance of gifts from governmental agencies of foreign nations
107107 except that any gift accepted from such foreign governmental agency,
108108 having an aggregate value of $100 or more, shall be accepted on behalf of
109109 the state of Kansas.
110110 (h) No legislator shall solicit any contribution to be made to any
111111 organization for the purpose of paying for travel, subsistence and other
112112 expenses incurred by such legislator or other members of the legislature in
113113 attending and participating in meetings, programs and activities of such
114114 organization or those conducted or sponsored by such organization, but
115115 nothing in this act or the act of which this act is amendatory shall be
116116 construed to prohibit any legislator from accepting reimbursement for
117117 actual expenses for travel, subsistence, hospitality, entertainment and other
118118 expenses incurred in attending and participating in meetings, programs and
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162162 activities sponsored by the government of any foreign nation, or any
163163 organization organized under the laws of such foreign nation or any
164164 international organization or any national, nonprofit, nonpartisan
165165 organization established for the purpose of serving, informing, educating
166166 and strengthening state legislatures in all states of the nation that does not
167167 engage in lobbying in the state of Kansas, when paid from funds of such
168168 organization and nothing shall be construed to limit or prohibit the
169169 expenditure of funds of and by any such organization for such purposes.
170170 Sec. 2. K.S.A. 46-237a is hereby amended to read as follows: 46-
171171 237a. (a) The provisions of this section shall apply to:
172172 (1) The governor;
173173 (2) the lieutenant governor;
174174 (3) the governor's spouse;
175175 (4) all officers and employees of the executive branch of state
176176 government; and
177177 (5) all members of boards, commissions and authorities of the
178178 executive branch of state government.
179179 (b) No person subject to the provisions of this section shall solicit or
180180 accept any gift, economic opportunity, loan, gratuity, special discount or
181181 service provided because of such person's official position, except:
182182 (1) A gift having an aggregate value of less than $40 given at a
183183 ceremony or public function where the person is accepting the gift in such
184184 person's official capacity;
185185 (2) gifts from relatives or gifts from personal friends when it is
186186 obvious to the person that the gift is not being given because of the
187187 person's official position;
188188 (3) anything of value received by the person on behalf of the state
189189 that inures to the benefit of the state or that becomes the property of the
190190 state; or
191191 (4) contributions solicited on behalf of a nonprofit organization which
192192 that is exempt from taxation under paragraph (3) of subsection (c) of
193193 section 501(c)(3) of the internal revenue code of 1986, as amended.
194194 (c) No person subject to the provisions of this section shall solicit or
195195 accept free or special discount meals from a source outside of state
196196 government, except:
197197 (1) Meals, the provision of which is motivated by a personal or
198198 family relationship or provided at events that are widely attended. An
199199 occasion is "widely attended" when it is obvious to the person accepting
200200 the meal that the reason for providing the meal is not a pretext for
201201 exclusive or nearly exclusive access to the person;
202202 (2) meals provided at public events in which the person is attending
203203 in an official capacity;
204204 (3) meals provided to a person subject to this act when it is obvious
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248248 such meals are not being provided because of the person's official position;
249249 (4) food such as soft drinks, coffee or snack foods not offered as part
250250 of a meal;
251251 (5) any meal, the value of which is $40 or less, not provided by a
252252 lobbyist registered pursuant to K.S.A. 46-265, and amendments thereto;
253253 (6) meals provided to a person when the person's presence at the
254254 event or meeting at which the meal is provided serves a legitimate state
255255 purpose or interest and the agency of which such person is an officer or
256256 employee authorizes such person's attendance at such event or meeting;
257257 (7) meals provided to the governor's spouse and members of the
258258 governor's immediate family at the event or meeting at which the meal is
259259 provided serve a legitimate state purpose or interest; and
260260 (8) any meal, if provided by a lobbyist registered pursuant to K.S.A.
261261 46-265, and amendments thereto, and the lobbyist reports providing the
262262 meal as required pursuant to K.S.A. 46-269, and amendments thereto,
263263 except when a particular course of official action is to be followed as a
264264 condition of accepting the meal.
265265 (d) No person subject to the provisions of this section shall solicit or
266266 accept free or special discount travel or related expenses from a source
267267 outside state government, except:
268268 (1) When it is obvious to the person accepting the same that the free
269269 or special discount travel and related expenses are not being provided
270270 because of the person's official position; or
271271 (2) when the person's presence at a meeting, seminar or event serves a
272272 legitimate state purpose or interest and the person's agency authorizes or
273273 would authorize payment for such travel and expenses.
274274 (e) (1) Except as provided by paragraph 2, no person subject to the
275275 provisions of this section shall solicit or accept free or special discount
276276 tickets or access to entertainment or sporting events or activities such as
277277 plays, concerts, games, golf, exclusive swimming, hunting or fishing or
278278 other recreational activities when the free or special discount tickets or
279279 access are provided because of the person's official position, except:
280280 (A) If it is obvious to the person accepting such free or special
281281 discount tickets or access that the free or special discount tickets or access
282282 are not being provided because of such person's official position; or
283283 (B) if the person's presence at such event or activity serves a
284284 legitimate state purpose or interest and such person's agency authorizes
285285 or would authorize payment for such travel and expenses.
286286 (2) The provisions of this subsection paragraph (1) shall not apply to
287287 persons whose official position requires or obliges them to be present at
288288 such events or activities.
289289 (f) (1) Violations of the provisions of this section by any classified
290290 employee in the civil service of the state of Kansas shall be considered
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334334 personal conduct detrimental to the state service and shall be a basis for
335335 suspension, demotion or dismissal, subject to applicable state law.
336336 (2) Violations of the provisions of this section by any unclassified
337337 employee shall subject such employee to discipline up to and including
338338 termination.
339339 (3) In addition to the penalty prescribed under paragraphs (1) and (2),
340340 the commission may assess a civil fine, after proper notice and an
341341 opportunity to be heard, against any person for a violation of this section,
342342 in an amount not to exceed $5,000 for the first violation, not to exceed
343343 $10,000 for the second violation and not to exceed $15,000 for the third
344344 violation and for each subsequent violation. All fines assessed and
345345 collected under this section shall be remitted to the state treasurer in
346346 accordance with the provisions of K.S.A. 75-4215, and amendments
347347 thereto. Upon receipt of each such remittance, the state treasurer shall
348348 deposit the entire amount in the state treasury to the credit of the
349349 governmental ethics fee fund established by K.S.A. 25-4119e, and
350350 amendments thereto.
351351 (4) Receiving a meal provided by a lobbyist who is not registered
352352 pursuant to K.S.A. 46-265, and amendments thereto, or who fails to report
353353 providing the meal as required pursuant to K.S.A. 46-269, and
354354 amendments thereto, or as required by subsection (c)(8), shall not be
355355 considered a violation of this section, unless the recipient knew the
356356 lobbyist was not registered or requested that the lobbyist not report the
357357 meal.
358358 Sec. 3. K.S.A. 46-237 and 46-237a are hereby repealed.
359359 Sec. 4. This act shall take effect and be in force from and after its
360360 publication in the statute book.
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