As Amended by Senate Committee
Session of 2000
SENATE BILL No. 558
By Committee on Elections and Local Government
2-2
10 AN ACT
concerning governmental ethics; relating to contracts involving
11 state officers or
employees; amending K.S.A. 1999 Supp. 46-233 and
12 repealing the existing
section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 46-233 is hereby amended to read as
16 follows: 46-233. (a) (1) No state officer
or employee shall in the capacity
17 as such officer or employee be
substantially involved in the preparation
18 of or participate in the making of a
contract with any person or business
19 by which such officer or employee is
employed or in whose business such
20 officer or employee or any member of such
officer's or employee's im-
21 mediate family has a substantial interest
and no such person or business
22 shall enter into any contract where any
state officer or employee, acting
23 in such capacity, is a signatory to, has
been substantially involved in the
24 preparation of or is a participant in the
making of such contract and is
25 employed by such person or business or such
officer or employee or any
26 member of such officer's or employee's
immediate family has a substantial
27 interest in such person or business.
28 (2) Except as
otherwise provided in this subsection, whenever any
29 individual has participated as a state
officer or employee in the making
30 of any contract with any person or
business, such individual shall not
31 accept employment with such person or
business as an employee, inde-
32 pendent contractor or subcontractor until
two years after performance of
33 the contract is completed or until two
years after the individual terminates
34 employment as a state officer or employee,
whichever is sooner. This
35 prohibition on accepting employment shall
not apply in any case in which:
36 (A) A state officer or employee who
participated in making a contract
37 while employed by an institution that is
subsequently closed or abolished
38 or otherwise ceases operations or that has
budget reductions imposed
39 that are associated with such closure and
who is laid off from employment
40 with such institution for the reason of
such closure, abolition or cessation
41 of operations or such imposition of budget
reductions; or (B) a state of-
42 ficer or employee who participated in
making a contract while employed
43 by an institution that is scheduled to be
closed or abolished or to cease
2
1 operations, who is scheduled to be
laid off from employment with such
2 institution for the reason of the
scheduled closure, abolition or cessation
3 of operations, and who voluntarily
terminates such employment after re-
4 ceiving such state officer or
employee's notice of the scheduled layoff. As
5 used in this subsection (a)(2),
``laid off'' and ``layoff'' mean, in the case of
6 a state officer or employee in the
classified service under the Kansas civil
7 service act, being laid off under
K.S.A. 75-2948, and amendments thereto,
8 and, in the case of a state officer
or employee in the unclassified service
9 under the Kansas civil service act,
being terminated from employment
10 with the state agency by the appointing
authority, except that ``laid off''
11 and ``layoff'' shall not include any
separation from employment pursuant
12 to a budget reduction or expenditure
authority reduction and a reduction
13 of F.T.E. positions under K.S.A. 75-6801,
and amendments thereto; and
14 ``institution'' means Topeka state hospital
or Winfield state hospital and
15 training center.
16 (b) No individual
shall, while a legislator or within one year after the
17 expiration of a term as legislator, be
interested pecuniarily, either directly
18 or indirectly, in any contract with the
state, which contract is funded in
19 whole or in part by any appropriation or is
authorized by any law passed
20 during such term, except that the
prohibition of this subsection (b) shall
21 not apply to any contract interest in
relation to which a disclosure state-
22 ment is filed as provided by K.S.A. 46-239,
and amendments thereto.
23 (c) No
individual, while a legislator or within one year after the ex-
24 piration of a term as a legislator, shall
represent any person in a court
25 proceeding attacking any legislative action
taken or enactment made dur-
26 ing any term such individual served as a
legislator as being unconstitu-
27 tional because of error in the legislative
process with respect to such
28 action or enactment unless such legislator
voted no upon the enactment
29 of the measure and declared on the record,
during such term, that such
30 legislation was unconstitutional. The
prohibition of this subsection (c)
31 shall not apply to a current or former
legislator charged with a violation
32 of such legislative action or
enactment.
33 (d) Subsections
(a) and (b) shall not apply to the following:
34 (1) Contracts let
after competitive bidding has been advertised for
by
35 published notice
pursuant to K.S.A. 75-3739, and amendments thereto,
36 or another
any other statute authorizing competitive bidding
in which
37 there are no negotiations;
and
38 (2) Contracts for
property or services for which the price or rate is
39 fixed by law.;
and
40 (3) for
purposes of subsections (a) and (b), ``contract'' means a
con-
41 tract that was negotiated under the
provisions of K.S.A. 75-37,102, and
42 amendments thereto, or
another any other statute
authorizing negotia-
43 tions, or was awarded without
competition.
3
1 (e) When
used in this section:
2
(1) ``Substantial interest'' shall have the same meaning
ascribed
3 thereto by K.S.A. 46-229, and
amendments thereto, and any such interest
4 held within the preceding 12 months
of the act or event of participating
5 in the preparation of making a
contract.
6
(2) ``Substantially involved in the preparation or participate
in the
7 making of a contract'' means having
approved or disapproved a contract
8 or having provided significant
factual or specific information or advice or
9 recommendations in relation to the
negotiated terms of the contract.
10 Sec. 2. K.S.A. 1999 Supp. 46-233
is hereby repealed.
11 Sec. 3. This act shall
take effect and be in force from and after its
12 publication in the statute book.