Session of 2025
SENATE BILL No. 285
By Committee on Federal and State Affairs
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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.
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(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 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
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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
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such meals are not being provided because of the person's official position;
(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
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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
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.
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