46-237. Gifts to state agencies, state officers and employees, candidates for state office and state officers elect; limitations and prohibitions; exceptions; hospitality; honoraria; gifts from foreig
46-237
46-237. Gifts to state agencies, state officers and employees,candidates for state office and state officers elect; limitations andprohibitions; exceptions;hospitality; honoraria; gifts from foreign governments; reimbursement oflegislators for travel and subsistence expenses by certain national andinternational organizations and foreign governments.(a) Except as provided by this section, no state officer or employee,candidate for state office orstate officer elect shall accept,or agree to accept any (1) economic opportunity, gift, loan, gratuity,specialdiscount, favor, hospitality or service having an aggregate value of$40or more in any calendar year or (2) hospitality in the form of recreationhaving an aggregate value of $100 or more in any calendar year from any onepersonknown to have a special interest, under circumstances wheresuch person knowsor should know that a major purpose of the donor is to influence such personin the performance of their official duties or prospective officialduties.
(b) Except as provided by this section, no person with a specialinterest shall offer, pay, give or make any(1) economic opportunity, gift, loan, gratuity, special discount, favor,hospitalityor service having an aggregate value of $40 or more in anycalendar year or (2) hospitality in the form of recreation having anaggregate value of $100 or more in any calendar year to any state officeror employee, candidate for stateoffice or state officer electwith a major purpose of influencing such officer or employee, candidate forstate office or state officer elect in the performanceof official duties or prospective official duties.
(c) No person licensed, inspectedor regulated by a state agency shalloffer, pay, give or make any economic opportunity, gift, loan,gratuity,special discount, favor, hospitality or service having an aggregatevalueof $40 or more in any calendar year to such agency or any stateofficer oremployee, candidate for state office or state officer elect of that agency.
(d) Hospitality in the form of food andbeverages ispresumed not tobe given to influence a state officer or employee, candidate for state officeor state officer elect in the performance of official duties or prospectiveofficialduties,except when aparticular course of official action is to be followed as a conditionthereon.
(e) Except when a particular course of official action isto be followed asa condition thereon, this section shall not apply to: (1) Any contributionreported in compliance with the campaign finance act; or (2) a commerciallyreasonable loan or other commercial transaction in the ordinary course ofbusiness.
(f) No state officer or employee shall accept any paymentof honoraria foranyspeaking engagement except that a member of the state legislature or apart-time officer or employee of the executive branch of government shall beallowed to receive reimbursement in the preparation for and the making of apresentation at a speaking engagement in an amount fixed by thecommission prior to the acceptance ofthespeaking engagement. Nothing in this section shall be construed to prohibit thereimbursement of state officers and employees for reasonable expenses incurredin attending seminars, conferences and other speaking engagements.
(g) The provisions of this section shall not be applicableto or prohibitthe acceptance of gifts from governmental agencies of foreign nationsexcept that any gift acceptedfrom such foreigngovernmental agency, having an aggregate value of $100 or more, shall beaccepted on behalf of the state of Kansas.
(h) No legislator shall solicit any contribution to be madetoanyorganization for the purpose of paying for travel, subsistence and otherexpenses incurred by such legislator or other members of the legislature inattending and participating in meetings, programs and activities of suchorganization or those conducted or sponsored by such organization, butnothing in this act or the act of which this act is amendatory shall beconstrued to prohibit any legislator from accepting reimbursement foractual expenses for travel, subsistence, hospitality, entertainment andother expenses incurred in attending and participating in meetings,programs and activitiessponsored by thegovernment of anyforeign nation, or any organization organized under the laws of such foreignnation or any international organization orany national, nonprofit, nonpartisanorganization established for the purpose of serving, informing, educatingand strengthening state legislatures in all states of the nation, when paidfrom funds of such organization and nothing shall be construedto limit or prohibit the expenditure of funds of and by any suchorganization for such purposes.
History: L. 1974, ch. 353, § 23; L. 1983, ch. 172, § 11;L. 1990, ch. 122, § 18;L. 1991, ch. 150, § 26;L. 1995, ch. 172, § 3;L. 1998, ch. 117, § 19;L. 2000, ch. 124, § 4; July 1.