reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-247 Individuals required to file written statements of substantial interests; exception.

46-247.
Individuals required to file written statements of substantial interests; exception.
The following individuals shall file written statements of substantial interests, as provided in K.S.A. 46-248 to 46-252, inclusive, and amendments thereto:
(a) Legislators and candidates for nomination or election to the legislature.
(b) Individuals holding an elected office in the executive branch of this state, and candidates for nomination or election to any such office.
(c) State officers, employees and members of boards, councils and commissions under the jurisdiction of the head of any state agency who are listed as designees by the head of a state agency pursuant to K.S.A. 46-285, and amendments thereto.
(d) Individuals whose appointment to office is subject to confirmation by the senate whether or not such individual is a state officer or employee.
(e) General counsels for state agencies irrespective of how compensated.
(f) The administrator or executive director of the education commission of the states, the interstate compact on agricultural grain marketing, the Mo-Kan metropolitan development district and agency compact, the Kansas City area transportation district and authority compact, the midwest nuclear compact, the central interstate low-level radioactive waste compact, the multistate tax compact, the Kansas-Oklahoma Arkansas river basin compact, the Kansas-Nebraska Big Blue river compact, and the multistate lottery.
(g) Private consultants under contract with any agency of the state of Kansas to evaluate bids for public contracts or to award public contracts.
(h) Any faculty member or other employee of a postsecondary educational institution as defined by K.S.A. 74-3201b, and amendments thereto, who provides consulting services and who, on behalf of or for the benefit of the person for which consulting services are provided:
(1) Promotes or opposes action or nonaction by any federal agency, any state agency as defined by K.S.A. 46-224, and amendments thereto, or any political subdivision of the state or any agency of such political subdivision or a representative of such state agency, political subdivision or agency; or
(2) promotes or opposes action or nonaction relating to the expenditure of public funds of the federal government, the state or political subdivision of the state or agency of the federal government, state or political subdivision of the state.
(i) Except as provided by K.S.A. 46-247a, and amendments thereto, any faculty member who receives an annual salary of $150,000 or more, other than an adjunct faculty member, who is employed by a state education institution as defined by K.S.A. 76-711, and amendments thereto.
History:
L. 1974, ch. 353, § 33; L. 1979, ch. 164, § 1; L. 1982, ch. 218, § 2; L. 1983, ch. 172, § 2; L. 1988, ch. 180, § 1; L. 1991, ch. 150, § 47; L. 2002, ch. 188, § 10; L. 2005, ch. 126, § 6; L. 2009, ch. 134, § 10; L. 2010, ch. 150, § 11; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-248 Statements of substantial interests; information required; time for filing; filed with secretary of state.

46-248.
Statements of substantial interests; information required; time for filing; filed with secretary of state.
The statement of substantial interests required by K.S.A. 46-247 through 46-252, and amendments thereto, shall include the substantial interests of the individual making the statement. Campaign contributions reported in compliance with the campaign finance act shall not be included in this statement. The statement shall include the information required by K.S.A. 46-229 and amendments thereto in such detail and form as required by the commission. In reporting a substantial interest in the ownership of any business in accordance with subsection (a) of K.S.A. 46-229, and amendments thereto, the individual making the statement shall disclose the approximate percentage of ownership which the individual or individuals's spouse owns.
(a) The statement of substantial interests shall be filed at the following times by the individuals specified in K.S.A. 46-247 and amendments thereto:
(1) For an individual, other than a candidate, who was appointed or took office on or before April 30, 1984, between April 15 and June 1, 1984, and for an individual or other candidate who is appointed or takes office on or before April 30 in any year thereafter, annually between April 15 and April 30, inclusive, so long as the act applies to the individual;
(2) for an individual, other than a candidate, who is appointed after April 30 in any year, within 15 days after the appointment and annually thereafter between April 15 and April 30, inclusive, so long as the act applies to the individual;
(3) for an individual who becomes a candidate on or before the date prescribed by K.S.A. 25-205 and amendments thereto, on the date prescribed by K.S.A. 25-205 and amendments thereto or within 10 days thereafter, unless within that period the candidacy is officially declined or rejected; or
(4) for an individual who becomes a candidate after the date prescribed by K.S.A. 25-205 and amendments thereto, within five days of becoming a candidate, unless within that period the candidacy is officially declined or rejected.
(b) Individuals who become subject to subsection (a) and who have on file a statement of substantial interests pursuant to this act for the current year shall not be required to file any additional statement of substantial interests for that period.
(c) If an individual serves in more than one capacity for which a statement of substantial interests is required to be filed pursuant to this act, the individual shall be required to file only a single statement of substantial interests for all capacities for which a statement is required to be filed.
(d) The statements required by this section shall be filed with the secretary of state in all cases.
History: L. 1974, ch. 353, § 34; L. 1975, ch. 272, § 11; L. 1979, ch. 164, § 2; L. 1980, ch. 152, § 1; L. 1983, ch. 172, § 8; L. 1984, ch. 189, § 2; L. 1991, ch. 150, § 28; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-248a Same; failure to file on time; notice.

46-248a.
Same; failure to file on time; notice.
When a person fails to file any statement specified in K.S.A. 46-247 within the time specified by K.S.A. 46-248, the commission may send a notice of such failure to such person. Such notices are a part of the public record. This section is supplemental to K.S.A. 46-215 to 46-280, inclusive, and any amendments thereto.
History:
L. 1981, ch. 208, § 1; L. 1981, ch. 171, § 48; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-249 Same; content of statement.

46-249.
Same; content of statement.
The statement of substantial interests required by K.S.A. 46-247 through 46-252 shall be dated and signed by the individual making the statement and shall contain substantially the following:
STATEMENT OF SUBSTANTIAL INTERESTS
___________________________________ (name)
(office or position of employment for which this statement is filed)
________________________________________
(address)
(body of statement in form prescribed by commission)
"I declare that this statement of substantial interests (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of all of my substantial interests and other matters required by law. I understand that intentional failure to file this statement as required by law or intentionally filing a false statement is a class B misdemeanor."
______________  ___________________________________
(date of filing)      (signature of person making the statement)
History:
L. 1974, ch. 353, § 35; L. 1984, ch. 189, § 3; April 19.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-250 Same; forms; amendments.

46-250.
Same; forms; amendments.
The commission shall prescribe and provide the forms provided for by K.S.A. 46-249. Any person required to file a statement of substantial interests, may file an amended statement of substantial interests (or if permitted by the secretary of state, amend the statement originally filed) at any time after the date when such statement is required to be filed.
History:
L. 1974, ch. 353, § 36; L. 1975, ch. 272, § 12; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-251 Failure to file true statement of substantial interests defined and classified as crime.

46-251.
Failure to file true statement of substantial interests defined and classified as crime.
Failure to file true statement of substantial interests is intentionally (a) failing to file a statement of substantial interests as required by this act, or
(b) filing a statement of substantial interests that contains any false statement.
Failure to file a true statement of substantial interests is a class B misdemeanor.
History:
L. 1974, ch. 353, § 37; L. 1975, ch. 272, § 13; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-252 Same; availability for public examination and copying; procedure.

46-252.
Same; availability for public examination and copying; procedure.
All statements of substantial interests filed under this act shall be available for examination and copying by the public at all reasonable times. Each individual examining a statement must first fill out a form or sign a register prepared and publicly maintained by the secretary of state identifying the examiner by name, occupation, address and telephone number, and listing the date of examination.
History:
L. 1974, ch. 353, § 38; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-253 "Commission" defined; rules and regulations.

46-253.
"Commission" defined; rules and regulations.
"Commission" as used in K.S.A. 46-215 to 46-280, inclusive, 46-248a and K.S.A. 46-237a, and amendments thereto, means the governmental ethics commission. The commission may adopt rules and regulations for the administration of the provisions of K.S.A. 46-215 to 46-280, 46-248a and K.S.A. 46-237a, and amendments thereto. Any rules and regulations adopted by the Kansas commission on governmental standards and conduct shall continue in force and effect and shall be deemed to be the rules and regulations of the commission until revised, amended, repealed or nullified pursuant to law. All rules and regulations of the commission shall be subject to the provisions of article 4 of chapter 77 of Kansas Statutes Annotated.
History:
L. 1974, ch. 353, § 39; L. 1974, ch. 354, § 1; L. 1975, ch. 272, § 16; L. 1981, ch. 171, § 44; L. 1991, ch. 150, § 29; L. 1998, ch. 117, § 21; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-254 Opinions; effect of compliance with opinion; filing, publication and disposition.

46-254.
Opinions; effect of compliance with opinion; filing, publication and disposition.
The commission upon its own initiative may, and upon the request of any individual to which this act applies shall, render an opinion in writing on questions concerning the interpretation of this act. Any person who acts in accordance with the provisions of such an opinion, shall be presumed to have complied with the provisions of this act. A copy of every opinion rendered by the commission shall be filed with the secretary of state, and any opinion so filed shall be open to public inspection. The secretary of state shall publish all opinions rendered under this section monthly and each such publication shall be cumulative. Copies of each opinion shall be filed with the secretary of the senate and the chief clerk of the house on the same date as the same are filed with the secretary of state. The secretary of state shall cause adequate copies of all filings under this section to be supplied to the state library.
History:
L. 1974, ch. 353, § 40; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-255 Verified complaints; filing with commission; conditions; transmittal of copy to respondent.

46-255.
Verified complaints; filing with commission; conditions; transmittal of copy to respondent.
Any individual, including any member of the commission, may file with the commission a verified complaint in writing stating the name of any person to whom or which this act applies alleged to have violated any provision of this act, and which shall set forth the particulars thereof. If a member of the commission files a complaint, he must disqualify himself from the commission consideration of that complaint. Whenever a complaint is filed with the commission, the commission shall promptly send a copy thereof to the person complained of, who shall thereafter be designated as the respondent. No complaint alleging a violation of K.S.A. 46-245* may be filed with the commission after the expiration of thirty (30) days from the date upon which the alleged violation occurred.
History:
L. 1974, ch. 353, § 41; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-256 Same; confidentiality and determination of sufficiency; investigation; notification of attorney general of violation of other laws; dismissal or hearing on complaint; remedies and protections for state employees filing complaints.

46-256.
Same; confidentiality and determination of sufficiency; investigation; notification of attorney general of violation of other laws; dismissal or hearing on complaint; remedies and protections for state employees filing complaints.
(a) If the commission determines that a verified complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any provision of this act, it shall dismiss the complaint and notify the complainant and respondent thereof.
(b) Whenever a complaint is filed with the commission alleging a violation of any provision of this act, such filing and the allegations therein shall be confidential and shall not be disclosed except as provided in this act.
(c) If the commission determines that such verified complaint does allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of this act, the commission promptly shall investigate the alleged violation.
(d) The commission shall notify the attorney general of any apparent violation of criminal law or other laws not administered by the commission, which is discovered during the course of any such investigation.
(e) If, after the investigation, the commission finds that probable cause does not exist for believing the allegations of the complaint, the commission shall dismiss the complaint. If after such preliminary investigation, the commission finds that probable cause exists for believing the allegations of the complaint, such complaint shall no longer be confidential and may be disclosed. Upon making any such finding, the commission shall fix a time for a hearing in the matter, which shall be not more than 30 days after such finding. In either event the commission shall notify the complainant and respondent of its determination.
(f) The remedies and protections provided by K.S.A. 75-2973 and amendments thereto shall be available to any state employee against whom disciplinary action has been taken for filing a complaint pursuant to this act.
History:
L. 1974, ch. 353, § 42; L. 1988, ch. 181, § 1; L. 1991, ch. 150, § 30; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-257 Same; examination and copying of evidence and hearing transcript by respondent; subpoenas; hearing before subcommittee of commission; powers of presiding officer; witness fees and mileage; depositions; contempt.

46-257.
Same; examination and copying of evidence and hearing transcript by respondent; subpoenas; hearing before subcommittee of commission; powers of presiding officer; witness fees and mileage; depositions; contempt.
After a verified complaint alleging violation of any provision of this act has been filed with the commission, the respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the complaint, including the transcript of the hearing, if any. If a hearing is to be held pursuant to K.S.A. 46-256, the commission, before the hearing has commenced, shall issue subpoenas and subpoenas duces tecum at the request of any party. Any hearing held under K.S.A. 46-256 may be conducted and held by a subcommittee of not less than five members of the commission, of whom not more than a majority shall be of the same political party. Final determination of all complaints shall be made by the commission as a whole. The chairperson of the commission or other member presiding over the commission or the presiding officer of any subcommittee of the commission shall have the power to: (a) Administer oaths and affirmations; and (b) compel, by subpoena, the attendance of witnesses and the production of pertinent books, papers and documents. Witnesses shall be entitled to receive fees and mileage as provided by law for witnesses in civil actions, which shall be paid out of appropriations to the commission. Depositions may be taken and used in the same manner as in civil actions. Any person subpoenaed to appear and give testimony or to produce books, papers or documents, who fails or refuses to appear or to produce such books, papers or documents, or any person, having been sworn to testify, who refuses to answer any proper question, may be cited for contempt of the district court of Shawnee county, Kansas. The commission shall report to such court the facts relating to any such contempt. Thereupon proceedings before such court shall be had as in cases of other civil contempt.
History:
L. 1974, ch. 353, § 43; L. 1990, ch. 306, § 11; May 31.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-258 Hearings by commission; limitations on oral evidence; rights of parties; open to public.

46-258.
Hearings by commission; limitations on oral evidence; rights of parties; open to public.
At any hearing held by the commission: (a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: To be represented by legal counsel; to call and examine witnesses; to introduce exhibits; and to cross-examine opposing witnesses.
(c) The hearing shall be open to the public.
History:
L. 1974, ch. 353, § 44; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-259 Record of commission's investigations, inquiries and proceedings; confidentiality of records, complaints, documents and reports; release of information or material to prosecutor; report of criminal law violations; public records; classification of certain violations as crimes.

46-259.
Record of commission's investigations, inquiries and proceedings; confidentiality of records, complaints, documents and reports; release of information or material to prosecutor; report of criminal law violations; public records; classification of certain violations as crimes.
The commission shall maintain a record of its investigations, inquiries, and proceedings. All records, complaints, documents, reports filed with or submitted to or made by the commission, and all records and transcripts of any investigations, inquiries or hearings of the commission under this act shall be confidential and shall not be open to inspection by any individual other than a member of the commission, an employee of the commission, or a state officer or employee designated to assist the commission, except as otherwise specifically provided in this act. The commission may, by adoption of a resolution, authorize the release to the attorney general of any information, records, complaints, documents, reports, and transcripts in its possession material to any matter pending before the attorney general. In addition the commission shall notify the attorney general of any apparent violation of criminal law, other than laws administered by the commission, discovered during the course of any investigation conducted by the commission. All matters presented at a public hearing of the commission and all reports of the commission stating a final finding of fact pursuant to K.S.A. 46-262 shall be public records and open to public inspection.
Violation of any provision of this section or the confidentiality provision of K.S.A. 46-256 is a class B misdemeanor.
History:
L. 1974, ch. 353, § 45; L. 1975, ch. 272, § 17; L. 1982, ch. 219, § 1; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-260 Investigations by commission; administration of oaths and subpoena of witnesses, documents and records.

46-260.
Investigations by commission; administration of oaths and subpoena of witnesses, documents and records.
(a) The commission may investigate, or cause to be investigated, any matter required to be reported upon by any person under the provisions of the state governmental ethics law, or any matter to which the state governmental ethics law applies, irrespective of whether a complaint has been filed in relation thereto.
(b) (1) After a preliminary investigation of any matter reported to the commission pursuant to subsection (a), and upon specific written findings of fact and conclusions of law by the commission that there is a reasonable suspicion that a violation of the state governmental ethics law has occurred, the commission or any officer designated by the commission may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commission deems relevant or material to the investigation. The commission shall reimburse the reasonable costs of production of documents subject to subpoena. All subpoenas and subpoenas duces tecum issued under this section shall be authorized by the affirmative vote of not less than 3/4 of the members of the commission. Any vote authorizing the issuance of a subpoena or subpoena duces tecum shall be taken at a meeting where the commissioners are in physical presence. Subpoenas duces tecum shall be limited to items reasonably relevant to such alleged violations. Upon the request of any person subpoenaed to appear and give testimony or to produce books, papers or documents, the commission shall provide a copy of the written findings of facts and conclusions of laws relating to the alleged violation committed by such person.
(2) In case of contumacy by, or refusal to obey a subpoena issued to any person, the district court of Shawnee county, upon application by the commission, or any officer designated by the commission, may issue to that person an order requiring the person to appear before the commission or any officer designated by the commission, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.
History:
L. 1974, ch. 353, § 46; L. 1991, ch. 150, § 31; L. 1998, ch. 29, § 2; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-261 Withdrawal of complaint by complainant; civil action, when; admissibility of certain evidence.

46-261.
Withdrawal of complaint by complainant; civil action, when; admissibility of certain evidence.
The commission may permit a complainant to withdraw his or her complaint at any time. The respondent may bring a civil action in the district court against the complainant for malicious prosecution for the filing or prosecution of any complaint with the commission under this act, whenever under like circumstances an action for malicious prosecution would arise for filing or prosecution of an action or complaint in a court. All papers in the possession of the commission relating thereto shall be admissible.
History:
L. 1974, ch. 353, § 47; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-262 Statement of commission's findings of facts after hearing; disposition.

46-262.
Statement of commission's findings of facts after hearing; disposition.
After a hearing of an alleged violation of this act, the commission shall state its findings of fact. If the commission finds that the respondent has not violated any provisions of this act, it shall order the action dismissed, and shall notify the respondent and complainant thereof. If the commission finds that the respondent has violated any provisions of this act, it shall state its findings of fact and submit a report thereon to the house in which the respondent serves if he or she is a legislator, to the legislative coordinating council if he or she is a state officer or employee of the legislative branch other than a legislator, to the supreme court if he or she is a state officer or employee of the judicial branch, and to the governor in other cases, send a copy of such findings and report to the complainant and respondent, and the commission shall also report thereon, except any act which is a violation of K.S.A. 46-245 only to the attorney general and to the county or district attorney of the appropriate county.
History:
L. 1974, ch. 353, § 48; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-263 Action upon commission's findings.

46-263.
Action upon commission's findings.
When a report is submitted under K.S.A. 46-262, and amendments thereto:
(a) If the respondent is a legislator, the house to which such a report is made shall consider the report and impose censure or disqualification as a legislator, or the house may determine that neither censure nor disqualification is justified.
(b) If the respondent is a state officer or employee of the legislative branch, other than a legislator, the legislative coordinating council shall consider the report and impose censure or remove the state officer or employee from state service, or such council may determine that neither censure nor removal from office is justified. Such a determination by the legislative coordinating council shall be final.
(c) If the respondent is a state officer or employee of the judicial branch, the supreme court shall consider the report and impose censure or remove the state officer or employee from state service, or such court may determine that neither censure nor removal from office is justified. Such a determination by the supreme court shall be final.
(d) If the respondent is not a legislator and is not a state officer or employee of the legislative branch and is not subject to impeachment or of the judicial branch, the governor shall consider the report and impose censure or remove the state officer or employee from state service, or the governor may determine that neither censure nor removal from office is justified. Upon a determination by the governor of removal under this subsection, no right of appeal under the Kansas civil service act shall exist, but the determination of removal is subject to review in accordance with the Kansas judicial review act. In lieu of direct removal, the governor may direct the attorney general to bring ouster proceedings against the respondent.
(e) In the event the respondent is subject to impeachment, the commission shall refer the report to the house of representatives, in lieu of other procedures under this section.
History:
L. 1974, ch. 353, § 49; L. 1986, ch. 318, § 67; L. 2010, ch. 17, § 83; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-266 Alphabetical listing of lobbyists by secretary of state; supplemental indices; public inspection of registration papers and reports; printing, publication and distribution of lists and indices.

46-266.
Alphabetical listing of lobbyists by secretary of state; supplemental indices; public inspection of registration papers and reports; printing, publication and distribution of lists and indices.
The secretary of state shall maintain alphabetical listings of all lobbyists showing their employers and appointing authorities and the purpose of their employment or position. Such listing shall be supplemented by indices showing employers and the appointing authorities and relevant information as to each. All registration papers and reports made under K.S.A. 46-265 shall be open to public inspection at all reasonable times. The listings and supplemental indices provided for by this section shall be maintained current at all times and from time to time each year shall be printed, published and distributed by the secretary of state.
History:
L. 1974, ch. 353, § 52; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-267 Lobbyists; contingent fees and referral fees prohibited; lobbying contracts.

46-267.
Lobbyists; contingent fees and referral fees prohibited; lobbying contracts.
(a) No person shall pay or accept or agree to pay or accept or arrange for a third party to pay or agree to pay present, future, promised or contingent compensation, or any part thereof, for lobbying which is contingent upon the result achieved or attained.
(b) No person shall pay or accept or agree to pay or accept present, future, promised or contingent compensation, or any part thereof, for the referral of a person or persons to a lobbyist for lobbying services.
(c) No lobbying contract or agreement shall be valid or enforceable in a court of law unless it is in writing, signed by all parties thereto and was executed prior to the lobbyist's commencement of lobbying for the represented person under such contract or agreement. Any such lobbying contract or agreement shall be invalid and unenforceable unless such lobbyist complies with all lobbying laws and lobbyist reporting requirements of this act.
History:
L. 1974, ch. 353, § 53; L. 1997, ch. 155, § 3; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-268 Reports filed electronically by lobbyists; form, time of filing and contents; filed with secretary of state.

46-268. Reports filed electronically by lobbyists; form, time of filing and contents; filed with secretary of state.
(a) Except as otherwise provided in subsection (b), every lobbyist shall file electronically with the secretary of state a report of employment and expenditures on a form and in the manner prescribed and provided by the commission. A report shall be filed on or before the 10th day of the months of February, March, April, May, September and January. Reports shall include all expenditures which are required to be reported under K.S.A. 46-269, and amendments thereto, or a statement that no expenditures in excess of $100 were made for such purposes, during the preceding calendar month or months since the period for which the last report was filed.
(b) For any calendar year in which a lobbyist expects to expend an aggregate amount of less than $100 for lobbying in each reporting period, a lobbyist shall file electronically an affidavit of such intent with the secretary of state. Such lobbyist shall not be required to file the reports required under subsection (a) for the year for which such affidavit is filed. If in any reporting period a lobbyist filing such affidavit expends in excess of $100 in reportable expenses, a report shall be filed for such period in the manner prescribed by subsection (a).
History:
L. 1974, ch. 353, § 54; L. 1975, ch. 272, § 19; L. 1983, ch. 173, § 1; L. 1991, ch. 150, § 33; L. 1995, ch. 172, § 4; L. 2015, ch. 85, § 14; L. 2018, ch. 88, § 3; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-270 Name tags for registered lobbyists; dimensions and specifications; duties of secretary of state; tags to be worn in state capitol.

46-270.
Name tags for registered lobbyists; dimensions and specifications; duties of secretary of state; tags to be worn in state capitol.
The secretary of state shall obtain suitable name tags in two colors, of a size not smaller than two inches by three inches, to be fastened on the outside of the wearer's garment with lettering adequate in size and clarity to be readable at a distance of three feet by individuals of normal vision, bearing the name of the lobbyist, the names of the persons compensating or appointing the lobbyist and the year. The secretary of state shall present to each individual registering under K.S.A. 46-264 and 46-265 one such tag, and such tag shall be worn by the lobbyist when lobbying in the state capitol building.
History:
L. 1974, ch. 353, § 56; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-271 Lobbying restrictions; gifts or contributions; hospitality; exceptions.

46-271. Lobbying restrictions; gifts or contributions; hospitality; exceptions.
No lobbyist shall offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service having an aggregate value of $40 or more in any calendar year to any state officer or employee or candidate for state office or to any officer or candidate for office or employee of the judicial branch with a major purpose of influencing the state officer or employee or candidate for state office in the performance of official duties or prospective official duties or the officer or candidate for office or employee of the judicial branch in the performance of any judicial administrative matter, as defined in K.S.A. 46-225, and amendments thereto. Hospitality in the form of recreation, food and beverages are presumed not to be given to influence a state officer or employee or candidate for state office in the performance of official duties, or an officer or candidate for office or employee of the judicial branch in the performance of any judicial administrative matter, as defined in K.S.A. 46-225, and amendments thereto, except when a particular course of official action is to be followed as a condition thereon.
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 as amended; or (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business.
History:
L. 1974, ch. 353, § 57; L. 1974, ch. 354, § 2; L. 1991, ch. 150, § 51; L. 2018, ch. 51, § 7; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-272 Same; purchase or lease of property or acquisition of services from state officer or employee, candidate for state office or associated person.

46-272.
Same; purchase or lease of property or acquisition of services from state officer or employee, candidate for state office or associated person.
No lobbyist shall pay or agree to pay to any state officer or employee, candidate for state office or an associated person thereof a price, fee, compensation or other consideration for the sale or lease of any property or the furnishing of services which is substantially in excess of that which other persons in the same business or profession would charge in the ordinary course of business.
History:
L. 1974, ch. 353, § 58; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-273 Same; improper influence over state agency in representation case.

46-273.
Same; improper influence over state agency in representation case.
(a) No lobbyist shall offer employment or employ any state officer or employee or associated person thereof for a representation case, with intent to obtain improper influence over a state agency.
(b) No lobbyist shall offer employment or employ any state officer or employee or associated person to use or attempt to use threat or promise of official action in an attempt to influence a state agency in any representation case.
History:
L. 1974, ch. 353, § 59; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-274 Unlawful lobbying defined and classified as crime.

46-274.
Unlawful lobbying defined and classified as crime.
Unlawful lobbying is (1) lobbying without being registered as provided by this act, or (2) lobbying when a current report under K.S.A. 46-268 and 46-269, has not been filed and is past due. Unlawful lobbying is a class B misdemeanor.
History:
L. 1974, ch. 353, § 60; L. 1975, ch. 272, § 21; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-275 Giving false lobbying information defined and classified as crime.

46-275.
Giving false lobbying information defined and classified as crime.
Giving false lobbying information is intentionally (1) making a false or incomplete statement on any registration paper under K.S.A. 46-265, or
(2) making a false or incomplete report under K.S.A. 46-268 and 46-269.
Giving false lobbying information is a class B misdemeanor.
History:
L. 1974, ch. 353, § 61; L. 1975, ch. 272, § 22; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-276 Violations of certain sections classified as crimes.

46-276.
Violations of certain sections classified as crimes.
Violation of any provision of K.S.A. 46-232, 46-233, 46-235 to 46-238, 46-240, 46-241, 46-242, 46-267 and 46-271 to 46-273, inclusive, and amendments thereto, and K.S.A. 46-286, and amendments thereto, is a class B misdemeanor.
History:
L. 1974, ch. 353, § 62; L. 1975, ch. 272, § 23; L. 1983, ch. 172, § 12; L. 1995, ch. 40, § 1; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-277 Intent required for act, action or conduct to constitute violation.

46-277.
Intent required for act, action or conduct to constitute violation.
No act, action or conduct of any person shall constitute a violation of this act which is actionable by complaint before the commission, or by criminal complaint, unless such act, action or conduct is intentionally violative of a provision of this act or intentionally violative of more than one provision of this act.
History:
L. 1974, ch. 353, § 63; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-278 Severability.

46-278.
Severability.
If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this act which can be given effect without the invalid application or provision, and to this end the provision of this act are declared to be severable.
History:
L. 1974, ch. 353, § 64; March 28.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-281 Application of definitions in K.S.A. 46-282 through 46-285.

46-281.
Application of definitions in K.S.A. 46-282 through 46-285.
As used in this act and article 2 of chapter 46 of Kansas Statutes Annotated, and amendments thereto, the definitions in K.S.A. 46-282 to 46-285, inclusive, shall apply.
History:
L. 1983, ch. 172, § 3; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-282 "Designee" defined.

46-282.
"Designee" defined.
"Designee" means:
(a) Any state officer, employee or member of any agency, department, division, bureau or other unit of state government who holds a position: (1) Defined as a major policy making position; (2) responsible for contracting, purchasing or procurement, except persons whose sole responsibility is the purchasing of gasoline or emergency repair for a state vehicle assigned to them for their use or persons whose sole responsibility relating to purchasing or procurement includes only transactions pursuant to preexisting state contracts; (3) responsible for writing or drafting specifications for contracts; (4) responsible for awarding grants, benefits or subsidies; or (5) responsible for inspecting, licensing or regulating any person or entity.
(b) "Designee" does not include any driver's license examiner of the department of revenue or any person performing ministerial functions.
History:
L. 1983, ch. 172, § 4; L. 1984, ch. 189, § 4; April 19.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-283 "Major policy making" position defined.

46-283.
"Major policy making" position defined.
"Major policy making" position means (a) the administrative head or heads or executive of a state agency or (b) the head of each department, division, bureau or other major administrative unit within a state agency.
History:
L. 1983, ch. 172, § 5; L. 1984, ch. 189, § 5; April 19.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-284 "Consultant" defined.

46-284.
"Consultant" defined.
"Consultant" means an individual who is called on for professional or technical advice or opinions.
History:
L. 1983, ch. 172, § 6; L. 1984, ch. 189, § 6; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-285 Heads of state agencies to submit lists of designees; additional information regarding designees required; organizational chart; certification; filing with secretary of state.

46-285.
Heads of state agencies to submit lists of designees; additional information regarding designees required; organizational chart; certification; filing with secretary of state.
(a) The head of every state agency shall submit a list of designees under the agency head's jurisdiction, identifying the positions, names and home mailing addresses of all designees of that agency to the commission annually between March 15 and March 31, inclusive. The agency head may prepare and submit a separate list for each department, division, bureau or other unit within the agency head's jurisdiction. The agency head shall attach to each list an organizational chart for the agency, department or division to which that list corresponds and shall certify the list to be correct. The agency head shall notify the commission of the name, home address and position of any new designee under the agency head's jurisdiction within 10 days of appointment. The commission may request the head of a state agency to make additions to or deletions from the list.
(b) The commission shall transmit promptly copies of all lists received under this section to the secretary of state.
History:
L. 1983, ch. 172, § 7; L. 1984, ch. 189, § 7; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-286 Participation by state officer or employee in licensure, regulation or in any contract with any organization with which such person holds a position prohibited; exceptions.

46-286.
Participation by state officer or employee in licensure, regulation or in any contract with any organization with which such person holds a position prohibited; exceptions.
(a) No state officer or employee, in the officer's or employee's official capacity, shall participate directly in the licensure, inspection or administration or enforcement of any regulation of or in any contract with any outside organization with which the officer or employee holds a position.
(b) This section shall not apply to appointed or elected members of a state board, council or commission, except that no member of such board, council or commission shall participate in any license, inspection or contract on behalf of their state board, council or commission with any outside organization with which such member is associated or the holding of a position as a member of an advisory board, council or commission of an outside organization or of a position of a voluntary or charitable nature if the advisory, voluntary or charitable position is taken without any expectation or acceptance of remuneration other than reimbursement of necessary and actual expenses.
History:
L. 1983, ch. 172, § 10; L. 1984, ch. 189, § 8; April 19.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-287 Advertising to influence legislative action; prohibited acts.

46-287.
Advertising to influence legislative action; prohibited acts.
(a) No person shall publish or cause to be published in any newspaper or other periodical or cause to be distributed as an insert or flyer in any newspaper or periodical any paid advertisement promoting or opposing action or nonaction by the legislature on any legislative matter unless such advertisement is followed by the word "advertisement" or the abbreviation "adv." in a separate line, together with the name of the chairperson of the organization or other individual causing the advertisement to be published.
(b) No person shall broadcast or cause to be broadcast by any radio or television station any paid advertisement promoting or opposing action or nonaction by the legislature on any legislative matter unless such advertisement is followed by a statement that the preceding was an advertisement, together with the name of the chairperson of the organization or other individual causing the advertisement to be broadcast.
(c) Violation of this section is a class C misdemeanor.
(d) The provisions of this section shall be subject to interpretation and enforcement in the manner provided by K.S.A. 46-254 through 46-263, and amendments thereto, and the commission shall have the powers and duties provided by such sections with respect to interpretation and enforcement of this section.
(e) Terms used in this section have the meanings provided by K.S.A. 46-216 through 46-231, and amendments thereto.
History:
L. 1988, ch. 179, § 1; L. 1990, ch. 306, § 13; May 31.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 2 - State Governmental Ethics › 46-288 Violations of state governmental ethics laws; civil fine.

46-288.
Violations of state governmental ethics laws; civil fine.
The commission, in addition to any other penalty prescribed under K.S.A. 46-215 through 46-286, and amendments thereto, may assess a civil fine, after proper notice and an opportunity to be heard, against any person for a violation pursuant to K.S.A. 46-215 through 46-286, and amendments thereto, in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation and not to exceed $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the governmental ethics commission fee fund.
History:
L. 1988, ch. 181, § 2; L. 1991, ch. 150, § 34; L. 1998, ch. 117, § 24; L. 2001, ch. 5, § 154; July 1.