Kansas 2025-2026 Regular Session

Kansas Senate Bill SB286 Compare Versions

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1	1	Session of 2025
2	2	SENATE BILL No. 286
3	3	By Committee on Federal and State Affairs
4	4	3-4
5	5	AN ACT concerning the state governmental ethics law; relating to the
6	6	definitions of lobbying and lobbyist; providing for a new definition of
7	7	lobbying client; amending K.S.A. 46-222 and 46-225 and repealing the
8	8	existing sections.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	New Section 1. (a) "Lobbying client" means any person or entity that
11	11	employs or retains another person for financial or other compensation to
12	12	conduct lobbying activities on behalf of such person or entity. A person or
13	13	entity whose employees act as lobbyists on such person's or entity's behalf
14	14	is both a lobbying client and an employer of such employees. In the case
15	15	of a coalition or association that employs or retains other persons to
16	16	conduct lobbying activities, the lobbying client is the coalition or
17	17	association and not its individual members.
18	18	(b) This section shall be a part of and supplemental to the state
19	19	governmental ethics law.
20	20	Sec. 2. K.S.A. 46-222 is hereby amended to read as follows: 46-222.
21	21	(a) "Lobbyist" means:
22	22	(1) Any person employed in considerable degree for lobbying;
23	23	(2) any person formally appointed as the primary representative of an
24	24	organization or other person to lobby in person on state-owned or leased
25	25	property and who is compensated at least as much annually as an elected
26	26	member of the legislature;
27	27	(3) any person who makes expenditures in an aggregate amount of
28	28	$1,000 or more is retained by another person for financial or other
29	29	compensation to conduct lobbying activities on behalf of such person or
30	30	entity and receives at least $5,000 in financial or other compensation from
31	31	such person for such lobbying activities, exclusive of excluding personal
32	32	travel and subsistence expenses, in any calendar year for lobbying; or
33	33	(4) any person hired as an independent contractor and compensated
34	34	by an executive agency, as defined in K.S.A. 46-225, and amendments
35	35	thereto, for the purpose of evaluation, management, consulting or acting as
36	36	a liason for the executive agency and who engages in lobbying, except an
37	37	attorney or law firm representing the executive agency in a legal matter.
38	38	(b) "Lobbyist" shall does not include:
39	39	(1) Any state officer or employee engaged in carrying out the duties
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76	76	of their office;
77	77	(2) the employer of a lobbyist, if such lobbyist has registered the
78	78	name and address of such employer under K.S.A. 46-265, and
79	79	amendments thereto;
80	80	(3) any nonprofit organization which that has qualified under 501(c)
81	81	(3)(a) of the internal revenue code of 1986, as amended, which is interstate
82	82	in its operations and of which a primary purpose is the nonpartisan
83	83	analysis, study or research of legislative procedures or practices and the
84	84	dissemination of the results thereof to the public or its members,
85	85	irrespective of whether such organization may recommend a course of
86	86	action as a result of such analysis, study or research;
87	87	(4) any justice or commissioner of the supreme court or judge of the
88	88	judicial branch or employee or officer of the judicial branch, or, any
89	89	member of a board, council or commission who is appointed by the
90	90	supreme court or who is elected or appointed to exercise duties pertaining
91	91	to functions of the judicial branch, when if such person is engaged in
92	92	performing a function or duty for the judicial branch; or
93	93	(5) any appointed member of an advisory council, commission or
94	94	board, who serves without compensation other than amounts for expense
95	95	allowances or reimbursement of expenses as provided for in K.S.A. 75-
96	96	3223(e), and amendments thereto, when if such member is engaged in
97	97	performing a function or duty for such council, commission or board.
98	98	Sec. 3. K.S.A. 46-225 is hereby amended to read as follows: 46-225.
99	99	(a) Except as otherwise provided, "lobbying" means:
100	100	(1) Promoting or opposing in any manner action or nonaction by the
101	101	legislature on any legislative matterProviding any oral or written
102	102	communication by an individual, including electronic communication, that
103	103	is made on behalf of a lobbying client to a member of the legislature,
104	104	elected officer of either chamber of the legislature, any employee of a
105	105	member of the legislature, any employee of a committee of the legislature
106	106	and any employee of the leadership staff of the legislature with regard to
107	107	the formulation, modification or adoption of legislation;
108	108	(2) promoting or opposing in any manner an action or nonaction
109	109	byproviding any oral or written communication by an individual,
110	110	including electronic communication, that is made on behalf of a lobbying
111	111	client to the governor or the head of any executive agency on any
112	112	executive administrative matter;
113	113	(3) promoting or opposing in any manner an action or nonaction
114	114	byproviding any oral or written communication by an individual,
115	115	including electronic communication, that is made on behalf of a lobbying
116	116	client to any judicial agency on any judicial administrative matter; or
117	117	(4) entertaining any state officer or employee or giving any gift,
118	118	honorarium or payment to a state officer or employee in an aggregate
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162	162	value of $40 or more within any calendar year, if at any time during such
163	163	year the person supplying the entertainment, gifts, honoraria or payments
164	164	has a financial interest in any contract with, or action, proceeding or other
165	165	matter before the state agency in which such state officer or employee
166	166	serves, or if such person is the representative of a person having such a
167	167	financial interest.
168	168	(c)(b) "Lobbying" does not include:
169	169	(1) Any expenditure from amounts appropriated by the legislature for
170	170	official hospitality.;
171	171	(d)(2) "Lobbying" does not include representation of a claimant on a
172	172	claim filed by the claimant under K.S.A. 46-907 and 46-912 through 46-
173	173	919, and amendments thereto, in proceedings before the joint committee
174	174	on special claims against the state.;
175	175	(e)(3) "Lobbying" does not include bona fide personal or business
176	176	entertaining.;
177	177	(f) No legislator may be hired as a lobbyist to represent anyone
178	178	before any state agency.
179	179	(g) "Lobbying" does not include:
180	180	(1)(4) written communications by an employee of a private business
181	181	seeking a contract, agreement or lease with an executive agency or judicial
182	182	agency solely for the purpose of describing goods or services to be
183	183	provided or for preparing a bid, proposal or other document relating to a
184	184	contract, agreement or lease, such as factual information, specifications,
185	185	terms, conditions, timing or similar technical or commercial information or
186	186	communications by an employee of a private business awarded a bid or
187	187	contract for the purpose of carrying out ongoing negotiations following the
188	188	award of the bid or contract;
189	189	(2)(5) communications by an attorney representing a client involving
190	190	ongoing legal work with respect to an executive administrative matter or
191	191	judicial administrative matter, or an administrative proceeding or hearing
192	192	and negotiations conducted by and with attorneys for executive agencies
193	193	or judicial agencies, or interactions between parties in litigation or other
194	194	contested matters, and testimony by a witness in an administrative hearing
195	195	or communications to or by investigators or authorities in the course of
196	196	any investigation;
197	197	(3)(6) communications among and between members of the
198	198	legislature or executive or judicial officials or employees;
199	199	(4)(7) providing written information in response to a written request
200	200	from an executive agency for technical advice or factual information
201	201	regarding a standard, rate, rule or regulation, policy or procurement or
202	202	from a judicial agency regarding a procurement;
203	203	(5)(8) communications regarding a contract, lease or agreement of
204	204	$5,000 or less;
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248	248	(6)(9) communications made by or on behalf of a private business for
249	249	the purpose of securing a grant, loan or tax benefit pursuant to a Kansas
250	250	economic development program for the purpose of locating, relocating or
251	251	expanding a private business within or into Kansas; or
252	252	(7)(10) communications made by officers or employees of a certified
253	253	business or disabled veteran business, as defined in K.S.A. 75-3740, and
254	254	amendments thereto; or
255	255	(11) a communication that is:
256	256	(A) Made by a public official acting in the public official's official
257	257	capacity;
258	258	(B) made by a representative of a media organization if the purpose
259	259	of the communication is gathering and disseminating news and
260	260	information to the public;
261	261	(C) made in a speech, article, publication or other material that is
262	262	distributed and made available to the public, or through radio, television,
263	263	cable television, internet or other medium of mass communication;
264	264	(D) a request for a meeting, a request for the status of an action, or
265	265	any other similar administrative request, if the request does not include an
266	266	attempt to influence official action;
267	267	(E) testimony given before a committee or task force, or submitted for
268	268	inclusion in the public record of a hearing conducted by such committee
269	269	or task force;
270	270	(F) information provided in writing in response to an oral or written
271	271	request by the legislature, governor, any executive agency or any judicial
272	272	agency for specific information; or
273	273	(G) made in response to any matter covered by the rules and
274	274	regulations filing act.
275	275	(c) No legislator may be hired as a lobbyist to represent anyone
276	276	before any state agency.
277	277	(h)(d) As used in this section,:
278	278	(1) "Executive administrative matter" means any rule and regulation,
279	279	utility ratemaking decision, any agreement, contract, bid or bid process, or
280	280	any procurement decision, including, but not limited to, any financial
281	281	services agreement, software licensing, servicing or procurement
282	282	agreement, any lease, grant, award, loan, bond issue, certificate, license,
283	283	permit, administrative order or any other matter that is within the official
284	284	jurisdiction or cognizance of the executive agency.;
285	285	(i)(2) As used in this section, "judicial administrative matter" means
286	286	any administrative matter regarding an agreement, contract, bid or bid
287	287	process, any procurement decision, including, but not limited to, any
288	288	financial services agreement, software licensing, servicing or procurement
289	289	agreement, lease, or any other administrative procurement or contractual
290	290	matter.;
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334	334	(j)(3) As used in this section, "executive agency" means any state
335	335	agency, state office or state officer, state officer elect, or employee of the
336	336	executive branch and includes, but is not limited to, the board of regents
337	337	and state board of education, but does not include local boards of
338	338	education of school districts or municipalities or other political
339	339	subdivisions.;
340	340	(k)(4) As used in this section, "judicial agency" means any
341	341	department, institution, office, officer, employee, commission, board or
342	342	bureau, or any agency, division or unit thereof, of the judicial branch of
343	343	government and includes any justice or commissioner of the supreme court
344	344	or judge or judge elect of the judicial branch, or any member of a board,
345	345	council or commission who is appointed by the supreme court or who is
346	346	elected and is performing a function or duty of the judicial branch that
347	347	constitutes a judicial administrative matter.; and
348	348	(l)(5) As used in this section, "written communications" or "written
349	349	information" includes email or other electronic forms of communication
350	350	that are retained as a record by the executive agency or judicial agency.
351	351	Sec. 4. K.S.A. 46-222 and 46-225 are hereby repealed.
352	352	Sec. 5. This act shall take effect and be in force from and after its
353	353	publication in the statute book.
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