Chapter 46.--LEGISLATURE
Article 2.--STATE GOVERNMENTAL ETHICS
46-222. ‘‘Lobbyist’’ defined;
exceptions.
(a) ‘‘Lobbyist’’ means:
(1) Any person employed in considerable degree for lobbying;
(2) any person formally appointed as the primary representative of an
organization or other person to lobby in person on state-owned or leased
property;
(3) any person who makes expenditures in an aggregate amount of $1,000
or more, exclusive of personal travel and subsistence expenses, in any calendar
year for lobbying; or
(4) any person hired as an independent contractor and compensated by an
executive agency, as defined in K.S.A. 46-225, and amendments thereto, for the
purpose of evaluation, management, consulting or acting as a liaison for the
executive agency and who engages in lobbying, except an attorney or law firm
representing the executive agency in a legal matter.
(b) ‘‘Lobbyist’’ shall not include:
(1) Any state officer or employee engaged in carrying out the duties of
their office;
(2) the employer of a lobbyist, if such lobbyist has registered the name
and address of such employer under K.S.A. 46-265, and amendments thereto;
(3) any nonprofit organization which has qualified under 501(c)(3) of
the internal revenue code of 1986, as amended, which is interstate in its
operations and of which a primary purpose is the nonpartisan analysis, study or
research of legislative procedures or practices and the dissemination of the results
thereof to the public, irrespective of whether such organization may recommend
a course of action as a result of such analysis, study or research;
(4) any justice or commissioner of the supreme court or judge of the
judicial branch or employee or officer of the judicial branch or, any member of
a board, council or commission who is appointed by the supreme court or who is
elected or appointed to exercise duties pertaining to functions of the judicial
branch, when such person is engaged in performing a function or duty for the
judicial branch; or
(5) any appointed member of an advisory council, commission or board,
who serves without compensation other than amounts for expense allowances or
reimbursement of expenses as provided for in K.S.A. 75-3223(e), and amendments
thereto, when such member is engaged in performing a function or duty for such
council, commission or board.
History: L. 1974, ch. 353, § 8; L. 1975, ch. 272, §
2; L. 1991, ch. 150, § 23; July 1.
Law Review
and Bar References:
“Compelled Cost Disclosure of Grass Roots Lobbying Expenses:
Necessary Government Voyeurism or Chilled Political Speech?” Ron Smith, 6 Kan.
J.L. & Pub. Pol’y, No. 1, 115 (1996).
Governmental
Ethics Commission Opinions:
Attorney representing client in lawsuit against
state; activities constituting lobbying. 96-3.
Hallmark
cards giving to KDHE, greeting cards encouraging immunization of children.
96-10.
Lobbying and lobbyist; providing legislative
information on-line for promotion or opposition of legislation. 96-32.
State
legislator lobbying outside of Kansas on behalf of organization of which they
are member. 97-42.
Lobbying; superintendent of U.S.D.; group
formed by school districts to meet with and host dinners where teachers,
students and parents meet with legislators. 97-52.
Computer
websites which contain political viewpoints; need to register as lobbyist.
1999-48.
Attorney
General's Opinions:
Bribery; privatization pledge; contingent
fees for lobbying prohibited. 91-23.