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12  AN ACT concerning certain state officers and employees; relating to the
13    acceptance or solicitation of gifts, loans and other gratuities.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    New Section 1.  (a) The provisions of this section shall apply to:
17    (1)  The governor;
18    (2)  the lieutenant governor;
19    (3)  the governor's spouse;
20    (4)  all classified employees in the civil service of the state of Kansas;
21    (5)  all unclassified employees in the executive branch of state gov-
22  ernment whose compensation is subject to approval by the governor pur-
23  suant to K.S.A. 75-2935f [75-2935b], and amendments thereto; and
24    (6)  all members of boards, commissions and authorities of the exec-
25  utive branch of state government.
26    (b)  No person subject to the provisions of this section shall solicit or
27  accept any gift, economic opportunity, loan, gratuity, special discount or
28  service provided because of such person's official position, except:
29    (1)  A gift having an aggregate value of less than $40 given at a cere-
30  mony or public function where the person is accepting the gift in such
31  person's official capacity; or
32    (2)  gifts from relatives or gifts from personal friends when it is ob-
33  vious to the person that the gift is not being given because of the person's
34  official position; or
35    (3)  anything of value received by the person on behalf of the state
36  that inures to the benefit of the state or that becomes the property of the
37  state; or
38    (4)  contributions solicited on behalf of a nonprofit organization which
39  is exempt from taxation under paragraph (3) of subsection (c) of section
40  501 of the internal revenue code of 1986, as amended.
41    (c)  No person subject to the provisions of this section shall solicit or
42  receive [accept] free or special discount meals from a source outside of
43  state government, except:
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 1    (1)  Meals, the provision of which is motivated by a personal or family
 2  relationship or provided at events that are widely attended. An occasion
 3  is ``widely attended'' when it is obvious to the person accepting the meal
 4  that the reason for providing the meal is not a pretext for exclusive or
 5  nearly exclusive access to the person;
 6    (2)  meals provided at public events in which the person is attending
 7  in an official capacity; and
 8    (3)  meals provided to a person subject to this act when it is
 9  obvious such meals are not being provided because of the person's
10  official position; and
11    (3) (4)  food such as soft drinks, coffee or snack foods not offered as
12  part of a meal.
13    (d)  No person subject to the provisions of this section shall solicit or
14  receive [accept] free or special discount travel or related expenses from
15  a source outside state government, except:
16    (1)  When it is obvious to the person accepting the same that the free
17  or special discount travel and related expenses are not being provided
18  because of the person's official position; or
19    (2)  when the person's presence at a meeting, seminar or event serves
20  a legitimate state purpose or interest and the person's agency authorizes
21  or would authorize payment for such travel and expenses.
22    (e)  No person subject to the provisions of this section shall solicit or
23  receive [accept] free or special discount tickets or access to entertain-
24  ment or sporting events or activities such as plays, concerts, games, golf,
25  exclusive swimming, hunting or fishing or other recreational activities
26  when the free or special discount tickets or access are provided because
27  of the person's official position. The provisions of this subsection shall not
28  apply to persons whose official position requires or obliges them to be
29  present at such events or activities.
30    (f) (1)  Violations of the provisions of this section by any classified
31  employee in the civil service of the state of Kansas shall be considered
32  personal conduct detrimental to the state service and shall be a basis for
33  suspension, demotion or dismissal, subject to applicable state law.
34    (2)  Violations of the provisions of this section by any unclassified em-
35  ployee whose compensation is subject to be approved by the governor
36  pursuant to K.S.A. 75-2935f [75-2935b], and amendments thereto, shall
37  subject such employee to discipline up to and including termination.
38    (3)  In addition to the penalty prescribed under paragraphs (1) and
39    (2), the commission on governmental standards and conduct may assess
40  a civil fine, after proper notice and an opportunity to be heard, against
41  any person for a violation of this section, in an amount not to exceed
42  $5,000 for the first violation, not to exceed $10,000 for the second vio-
43  lation and not to exceed $15,000 for the third violation and for each
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 1  subsequent violation. All fines assessed and collected under this section
 2  shall be remitted to the state treasurer. Upon receipt thereof, the state
 3  treasurer shall deposit the entire amount in the state treasury and credit
 4  it to the Kansas commission on governmental standards and conduct fee
 5  fund.
 6    Sec. 2.  This act shall take effect and be in force from and after its
 7  publication in the statute book.