Chapter 46.--LEGISLATURE

      46-236.   Certain solicitations by state officers and employees, candidates for state offices and state officers elect prohibited; exceptions. No state officer or employee, candidate for state office or state officer elect shall solicit any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service from any person known to have a special interest, under circumstances where such officer, employee, candidate or state officer elect knows or should know that a major purpose of the donor in granting the same could be to influence the performance of the official duties or prospective official duties of such officer, employee, candidate or state officer elect.

      Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act; (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business; (3) any solicitation for the benefit of any charitable organization which is required to file a registration statement with the secretary of state pursuant to K.S.A. 17-1761, and amendments thereto, or which is exempted from filing such statement pursuant to K.S.A. 17-1762, and amendments thereto, or for the benefit of any educational institution or such institution's endowment association, if such association has qualified as a nonprofit organization under paragraph (3) of subsection (c) of section 501 of the internal revenue code of 1986, as amended; (4) any solicitation for the benefit of any national nonprofit, nonpartisan organization established for the purpose of serving, informing, educating and strengthening state legislatures in all states of the nation; or (5) any solicitation for the benefit of any national, nonprofit organization established for the purpose of serving, informing and educating elected executive branch officials in all states of the nation.

      History:   L. 1974, ch. 353, § 22; L. 1975, ch. 272, § 7; L. 1995, ch. 172, § 2; L. 2000, ch. 124, § 1; July 1.

Cross References to Related Sections:

      Executive branch officers and employees, see 46-237.

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:

      Corporations providing items for gifts by legislators to foreign dignitaries is proper. 91-24.

      State agency may include payment by vendor of reasonable expenses for on-site inspections in bid specifications. 92-11.

      State elected official may sponsor and solicit participation in a golf tournament if the proceeds are going to a charitable organization; no duty to report the proceeds thereof. 93-14.

      Limitations on contributions to special fund established by legislator to promote enactment of certain legislation. 93-31.

      State agency may solicit contributions form organizations to establish programs specifically authorized by statute. 94-5.

      Architect member of governor's residence advisory commission and president of friends of Cedar Crest Association may accept contracts for architectural services from department of administration. 94-8.

      Limitations on acceptance of travel and lodging expenses from outside organizations and persons by legislators and staff, other elected officials and other state employees. 94-9.

      State agency may accept donations and apply for grants but may not solicit funds from outside associations or persons to cover publication expenses. 94-13.

      Effect of repeal of K.S.A. 17-1740 and 17-1741 on charitable solicitations by state. 94-15.

      State legislator may not use campaign funds to defray legal expense for defending against criminal charges; establishing separate defense fund for such purpose is subject to severe limitations. 94-19.

      Department of education general counsel has established not for profit corporation for public education assistance; charitable solicitation contribution license; possible conflicts of interest examined. 94-40.

      Contest by unsuccessful candidate on certification of successful opponent's election; candidate defined; campaign contributions; special interests. 95-5.

      Sentencing commission attorney speaking at continuing legal education program sponsored by Washburn university; conflicts of interests considered. 95-20.

      State department cosponsoring a professional conference with nongovernmental organizations; question of special interest of cosponsoring organizations and vendors. 95-23.

      Solicitation and sale of service by private business marketing team member of employee of state bank commissioner's office to chartered bank. 96-18.

      State officer or employee; design and marketing of livestock shelters to general public during off-duty hours. 96-35.

      State legislator as president of private corporation; sales of advertising. 96-38.

      Private foundation providing funds for grants to aid state agency in fulfilling state public function. 96-39.

      State agency conducting conference; solicitation of donations to cover cost of meals and beverages. 97-28.

      State officers or employees soliciting sponsors for annual meeting of national conference of state officials. 97-48.

      Staff member of SRS with primary duties to authorize benefits for clients of department; assisting in establishing and holding position as executive director or member of board of directors of local homeless shelter. 1998-28.

      Department of corrections personnel; solicitation of donations for employee wellness programs; acceptance of discounts from department store. 1999-2.

      Superintendent of veterans home; acceptance or solicitation of donations for state agency. 1999-7.

      Classified state employee; soliciting donations from private industries to pay portion of cost of training course not paid by state agency. 1999-12.

      State agency hosting conference attended by officers and employees of this and other states; vendor exhibit booths and hospitality rooms; agency hosting reception and providing food and beverages and door prized; acceptance or solicitation by state employees. 1999-17.

      Ability of elected officials to solicit funds for dedication ceremony. 1999-47.

      Conference sponsored by state agency; registration fees, charge for exhibition booths, solicitation of sponsorship moneys. 1999-52.