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
expense.
(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-
turn.
(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
agency;
(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-
ited;
(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.)