Chapter
46.--LEGISLATURE
Article
2.--STATE GOVERNMENTAL ETHICS
46-269. Same; public record; content of report; contribution to a single
special event; reports by
lobbyists; requirements; maintenance of records;
inspection by commission. Each
report required to be filed by K.S.A. 46-268, and amendments thereto, is a
public record and shall be open to public inspection upon request. Such report
shall disclose the following:
(a) The full name and address of each person who has paid compensation
for lobbying to the lobbyist or has paid for expenses of lobbying by the
lobbyist during the period reported.
(b) The aggregate amount or value of all expenditures made, except for
expenses of general office overhead, by the lobbyist or by the lobbyist’s
employer for or in direct relation to lobbying during the reporting period, if
such expenditures exceed $100. Individual expenditures of less than $2 shall
not be required to be reported under this subsection. Every lobbyist shall keep
detailed accounts of all expenditures required to be reported pursuant to
K.S.A. 46-268, and amendments thereto. The expenditures shall be reported
according to the following categories of expenditures:
(1) Food and beverages provided
as hospitality;
(2) entertainment, gifts,
honoraria or payments;
(3) mass media communications;
(4) recreation provided as
hospitality;
(5) communications for the purpose of influencing legislative or
executive action; and
(6) all other reportable expenditures made in the performance of
services as a lobbyist.
With
regard to expenditures for entertainment or hospitality that is primarily
recreation, food and beverages, only amounts expended on a state officer or
employee or state officer elect or on an employee or officer or officer elect
of the judicial branch or on such officer or employee’s spouse shall be
considered to be for or in direct relation to lobbying. Notwithstanding the
requirements of this subsection and subsection (d), no lobbyist shall be
responsible to report any expenditure by the lobbyist’s employer of which such
person has no knowledge.
(c) (1) In addition to the information reported pursuant to subsection
(b), each lobbyist expending an aggregate amount of $100 or more for lobbying
in any reporting period shall report any gift, entertainment or hospitality
provided to state officers or employees or state officers elect or to members,
members elect or employees of the judicial branch of government. Such report
shall disclose the full name of the legislator or legislator elect, member,
member elect or employee of the judicial branch or the state officer or
employee or state officer elect who received such gift, entertainment or
hospitality, the amount expended on such gift, entertainment or hospitality and
the date the gift, entertainment or hospitality was provided.
(2) No report shall be required
to be filed pursuant to this subsection (c) for the following:
(A) Meals, the provision of which
is motivated by a personal or family relationship;
(B) meals provided at public events in which the person is attending in
an official capacity;
(C) meals provided to a person
subject to this section when it is obvious such meals are not being provided
because of the person’s official position;
(D) food such as soft drinks, coffee
or snack foods not offered as part of a meal; and
(E) entertainment or hospitality in the form of recreation, food and
beverages provided at an event to which the following have been invited:
(i) All
members of the legislature or all members of either house of the legislature;
or
(ii) all members of a political party caucus of the legislature or all
members of a political party caucus of either house of the legislature.
(d) Except as provided by subsection (c), whenever an individual lobbyist
contributes to a single special event, such lobbyist shall report only the
aggregate amount or value of the expenditure contributed by such lobbyist.
(e) Whenever more than one
lobbyist is employed by a single employer, the reports required by this section
relating to such employer shall be made by only one such lobbyist and that
lobbyist shall be the lobbyist who is most directly connected with the particular expenditure or gift, honoraria or payment. No
expenditure or gift, honoraria or payment re- quired to be reported by this
section shall be reported by more than one lobbyist.
(f) All accounts, records and documents of the lobbyist which relate to
every expenditure reported or which should have been reported shall be
maintained and preserved by the lobbyist for a period of five years from the
date of the filing of such report or statement and may be inspected under
conditions determined by the commission.
History: L. 1974, ch. 353, § 55; L. 1975, ch. 272,§ 20; L. 1981, ch. 171, § 45; L. 1983, ch. 173, § 2; L.1987, ch. 199, § 1; L. 1990, ch. 306, § 12; L. 1991,ch. 150, § 44; L. 1997, ch. 155, § 1; L. 2000, ch.
124,§ 3; 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:
Reporting of lobbyist expenditures. 87-9.
Minimum records to be maintained by lobbyists discussed. 90-26.
Lobbying expenditures; detailed accounts; accounts, records and
documents to be kept. 97-18.
Lobbying contracts; maintenance as account, record or document.
97-19.
Records required to be kept by lobbyist, including 2000 HB 2627.
2000-23.