19-61-2 Agency rules and regulations.
(a) General. Promoting or opposing in any manner
the adoption or nonadoption of any rule and reg-
ulation by any state agency constitutes lobbying.

 ``Rules and regulations'' means such rules and
regulations as are required by law to be filed with
the secretary of state and does not include those
adopted by the judicial branch or any court.

 (1)  Any communication which is intended to
advocate action or nonaction by any state agency
on the adoption or nonadoption of any rule and
regulation, including communications with other
persons with the intent that such other person
communicate with agency personnel in regard
thereto, constitutes lobbying.

 (2)  The provision of entertainment, recreation
or gifts, except those provided as bona fide per-
sonal or business entertainment, recreation or
gifts, to any state officer or employee when the
state officer or employee is involved in the adop-
tion or nonadoption of rules and regulations and
when provided in a situation where it can reason-
ably be attributed to contemplated or completed
rules and regulations constitutes lobbying.

 The fact that a particular activity constitutes
``lobbying'' does not necessarily mean that an in-
dividual must register as a lobbyist. See K.A.R. 19-
62 on the issue of registration.

 (b)  Exceptions. The communication of factual
material which is not intended to promote or op-
pose the adoption or nonadoption of rules and
regulations and which is unaccompanied by active
advocacy does not constitute lobbying. In addi-
tion, the preparation of proposed or recom-
mended rules and regulations or the monitoring
of the adoption process does not constitute lob-
bying. (Authorized by K.S.A. 1991 Supp. 46-253;
implementing K.S.A. 1991 Supp. 46-225; effec-
tive, E-77-7, March 19, 1976; effective, E-77-29,
May 1, 1976; effective Feb. 15, 1977; amended
May 1, 1980; amended June 22, 1992.)