46-225

Chapter 46.--LEGISLATURE
Article 2.--STATE GOVERNMENTAL ETHICS

      46-225.   "Lobbying" defined; exceptions; employment of legislator as a lobbyist prohibited. (a) "Lobbying" means: (1) Promoting or opposing in any manner action or nonaction by the legislature on any legislative matter or the adoption or nonadoption of any rule and regulation by any state agency; or

      (2)   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 to 46-919, inclusive, 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.

      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.