Chapter
46.--LEGISLATURE
Article
2.--STATE GOVERNMENTAL ETHICS
(a)Except as otherwise provided,
‘‘lobbying’’ means:
(1) Promoting or opposing in any manner action or nonaction by the
legislature on any legislative matter;
(2) promoting opposing in any manner an action or nonaction by any
executive agency on any executive administrative matter;
(3) promoting or opposing in any manner an action or nonaction by any
judicial agency on any judicial administrative matter; or
(4) entertaining any state officer or employee or giving any gift,
honorarium or payment to a state officer or employee in an aggregate value of
$40 or more within any calendar year, if at any time during such year the
person supplying the entertainment, gifts, honoraria or payments has a
financial interest in any contract with, or action, proceeding or other matter
before the state agency in which such state officer or employee serves, or if
such person is the representative of a person having such a financial interest.
(c) ‘‘Lobbying’’ does not include any expenditure from amounts
appropriated by the legislature for official hospitality.
(d)
‘‘Lobbying’’ does not include representation of a claimant on a claim filed by
the claimant under K.S.A. 46-907 and 46-912 through 46-919, and amendments
thereto, in proceedings before the joint committee on special claims against
the state.
(e) ‘‘Lobbying’’ does not include bona fide personal or business
entertaining.
(f) No legislator may be hired as a lobbyist to represent anyone before
any state agency.
(g) ‘‘Lobbying’’ does not include:
(1) Written communications by an employee of a private business seeking
a contract, agreement or lease with an executive agency or judicial agency
solely for the purpose of describing goods or services to be pro- vided or for
preparing a bid, proposal or other document relating to a contract, agreement or
lease, such as factual information, specifications, terms, conditions, timing
or similar technical or commercial information or communications by an employee
of a private business awarded a bid or contract for the purpose of carrying out
ongoing negotiations following the award of the bid or contract;
(2) communications by an attorney representing a client involving
ongoing legal work with respect to an executive administrative matter or
judicial administrative matter, or an administrative proceeding or hearing and
negotiations conducted by and with attorneys for executive agencies or judicial
agencies, or interactions between parties in litigation or other contested
matters, and testimony by a witness in an administrative hearing or
communications to or by investigators or authorities in the course of any
investigation;
(3) communications among and between members of the legislature or
executive or judicial officials or employees;
(4) providing written information in response to a written request from
an executive agency for technical advice or factual
information regarding a standard, rate, rule or regulation, policy or
procurement or from a judicial agency regarding a procurement;
(5) communications regarding a contract, lease or agreement
of $5,000 or less;
(6) communications made by or on behalf of a private business for the
purpose of securing a grant, loan or tax benefit pursuant to a Kansas economic
development program for the purpose of locating, relocating or expanding a
private business within or into Kansas; or
(7) communications made by officers or employees of a certified business
or disabled veteran business, as defined in K.S.A. 75-3740, and amendments
thereto.
(h) As used in this section, ‘‘executive administrative matter’’ means
any rule and regulation, utility ratemaking decision, any agreement, contract,
bid or bid process, or any procurement decision, including, but not limited to,
any financial services agreement, software licensing, servicing or procurement
agreement, any lease, grant, award, loan, bond issue, certificate, license,
permit, administrative order or any other matter that is within the official
jurisdiction or cognizance of the executive agency.
(i) As used in this section, ‘‘judicial
administrative matter’’ means any administrative matter regarding an agreement,
contract, bid or bid process, any procurement decision, including, but not
limited to, any financial services agreement, software licensing, servicing or
procurement agreement, lease, or any other administrative procurement or
contractual mat- ter.
(j) As used in this section, ‘‘executive agency’’ means any state
agency, state office or state officer, state officer elect, or employee of the
executive branch and includes, but is not limited to, the board of regents and
state board of education, but does not include local boards of education of
school districts or municipalities or other political subdivisions.
(k) As used in this section, ‘‘judicial agency’’ means any department,
institution, office, officer, employee, commission, board or bureau, or any
agency, division or unit thereof, of the judicial branch of government and
includes any justice or commissioner of the supreme court or judge or judge
elect of the judicial branch, or any member of a board, council or commission
who is appointed by the supreme court or who is elected and is performing a
function or duty of the judicial branch that constitutes a judicial administrative
matter.
(l) As used in this section, ‘‘written communications’’ or ‘‘written
information’’ includes email or other electronic forms of communication that
are retained as a record by the
executive agency or judicial agency.
History: L.
1974, ch. 353, § 11; L. 1975, ch. 272, § 3; L. 1981, ch. 171, § 43; L. 1991, ch. 150, § 24; July 1.
Law Review and Bar Journal 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.