46-233. Contracts involving state officer or employee or legislator; prohibited acts, exceptions; challenging constitutionality of legislative action or enactment by legislator; prohibited acts.
46-233
46-233. Contracts involving state officer oremployee orlegislator; prohibited acts, exceptions; challenging constitutionalityof legislative action or enactment by legislator; prohibited acts.(a) (1) No state officer or employee shall in the capacity as suchofficer or employee be substantially involved in the preparation of orparticipate in the making of a contract with anyperson or business by which such officer or employee is employed or inwhose business such officer or employee or any member of such officer's oremployee's immediate family has a substantial interest andno such person or business shall enter into any contract where any stateofficer or employee, acting in such capacity, is a signatory to, has beensubstantially involved in the preparation of or is aparticipant in the making of such contract and is employed by such person orbusiness or such officeror employee or any member of such officer's or employee's immediate familyhas asubstantial interest in such person or business.
(2) Except as otherwise provided in this subsection, whenever anyindividual hasparticipated as a state officer or employee in the making of anycontract with any person or business, such individual shall not acceptemployment with such person or business as an employee, independentcontractor or subcontractoruntil two years after performance of the contract iscompleted or until two years after the individual terminates employment as astate officer or employee, whichever is sooner.This prohibition on accepting employment shall not apply in anycase where a state officer or employee whoparticipated in making a contract while employed by the state of Kansas is laidoff or scheduled to be laid off from any state position on or after July 1,2002.As used in this subsection (a)(2), "laid off" and "layoff"mean a state officer or employee in the classifiedserviceunder the Kansas civil service act, being laid off under K.S.A. 75-2948, andamendments thereto.
(b) No individual shall, while a legislator or within one yearafter the expiration of a term as legislator, be interested pecuniarily,either directly or indirectly, in any contract with the state, whichcontract is funded in whole or in part by any appropriation or isauthorized by any law passed during such term, except that theprohibition of this subsection (b) shall not apply to any contractinterest in relation to which a disclosure statement is filed asprovided by K.S.A. 46-239, and amendments thereto.
(c) No individual, while a legislator or within one year afterthe expiration of a term as a legislator, shall represent any person in a courtproceedingattacking any legislativeaction taken or enactment made during any term such individual served asa legislator as being unconstitutional because of error in thelegislative process with respect to such action or enactment unless suchlegislator voted no upon the enactment of the measure and declared on therecord, during such term, that such legislation was unconstitutional. Theprohibitionof this subsection (c) shall not apply to a current or former legislatorcharged with a violation of such legislative action or enactment.
(d) Subsections (a) and (b) shall not apply to the following:
(1) Contracts let after competitive bidding has been advertised for bypublished notice; and
(2) contracts for property or services for which the price or rate is fixedby law.
(e) When used in this section:
(1) "Substantial interest" shall have the same meaning ascribed thereto byK.S.A. 46-229, and amendments thereto, and any such interest held within thepreceding 12 months of the act or event of participating in the preparation ofmaking a contract.
(2) "Substantially involved in the preparation or participate in the makingof a contract" means having approved or disapproved a contract or havingprovided significant factual or specific information or advice orrecommendations in relation to the negotiated terms of the contract.
History: L. 1974, ch. 353, § 19;L. 1975, ch. 272, § 6;L. 1983, ch. 172, § 9;L. 1991, ch. 150, § 25;L. 1995, ch. 77, § 1;L. 1996, ch. 255, § 9;L. 1997, ch. 155, § 2;L. 2000, ch. 152, § 8;L. 2003, ch. 149, § 32; July 1.