19-40-3a Definitions. Incorporated by
reference are the definitions of ``express'' and ``ap-
parent'' contained in K.S.A. 46-215 et seq. (a)
``Bona fide personal or business entertaining or
gifts'' means entertainment or gifts provided to
state officers or employees or their spouses which
are based solely on a business or personal rela-
tionship totally unrelated to the state officer or
employee's duties as such. The following factors,
among others, will be taken into consideration in
determining whether a specific entertainment or
gift falls within this definition:
 (1)  The intent of the parties;
 (2)  The length of time a business or personal
        relationship has existed;
 (3)  The topics of discussion;
 (4)  The setting;
 (5)  The persons attending;
 (6)  Whether the person providing the enter-
        tainment or gift is reimbursed by an organization
        by which they are employed; and
 (7)  Whether the person providing the enter-
        tainment or gift, or his or her principal, deducts
        or could deduct the expenditures as a business
 (b)  ``Gift'' means the transfer of money or an-
ything of value unless legal consideration of a rea-
sonably equal or greater value is received in re-
 (1)  The value of a gift shall be the fair market
        value or a reasonable estimate thereof. Where a
        transfer is made for less than reasonable consid-
        eration, the amount by which the value of the
        transfer exceeds the value of the consideration
        shall be deemed a gift.
 (2)  Exceptions. For the purposes of K.S.A.
       1991 Supp. 46-237, except when a particular
       course of official action is to be followed as a con-
       dition thereon, ``Gift'' does not include:
        (A)  goods or services which are provided to a
state agency which does not license, inspect nor
regulate the giver and are used to benefit the state
as a whole;
        (B)  goods, services or discounts which are pro-
vided to a state agency to be used for advertising
and promoting the products of the state;
        (C)  goods, services or discounts which are pro-
vided by federal or state agencies;
        (D)  a rebate, discount or promotional item
available to any individual or governmental
        (E)  the provision of hospitality in the form of
recreation, food and beverage, except when pro-
vided to a state officer or employee which li-
censes, inspects or regulates the giver;
        (F)  any bona fide personal or business gift or
entertainment; or
        (G)  any contribution reported in compliance
with the campaign finance act.
 (c)  Hospitality. ``Hospitality in the form of rec-
reation, food and beverage'' means the provision
of recreation and consumption of food and bev-
erage in the company of the donor or the donor's
authorized agent. The provision of recreation,
food and beverage in any other manner consti-
tutes a gift.
 (d)  Honoraria. For the purposes of K.S.A. 1991
Supp. 46-237(f) ``honoraria'' means any amount
paid to a state officer or employee for giving a
speech when the primary reason the state officer
or employee was invited to give the speech was
his or her position in state government. In deter-
mining the primary reason, factors to be consid-
ered include:
 (1)  The importance of position in state govern-
ment of the state officer or employee. Thus, if a
person is in a major policy making position, it is
likely that the acceptance of honoraria is prohib-
 (2)  Whether the grantor of the honoraria has a
special interest concerning the duties of the state
officer or employee; and
 (3)  Whether the speech deals with scientific or
technical data within the area of expertise of the
state officer or employee's knowledge, as opposed
to whether the speech deals with aspects of the
duties of the state officer or employee. (Author-
ized by K.S.A. 1991 Supp. 46-253; implementing
K.S.A. 1991 Supp. 46-237; effective May 1, 1984;
amended June 22, 1992.)