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Session of 2000
          SENATE Substitute for                     HOUSE BILL No. 2627           By Committee on Elections and Local Government           3-22          

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12             AN  ACT concerning state officers and employees; concerning govern-
13             mental ethics; concerning state agency contracts for consulting and
14             professional services; amending K.S.A. 1999 Supp. 46-237, 46-237a
15             and 46-269 and repealing the existing sections.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. K.S.A. 1999 Supp. 46-237a is hereby amended to read as
19       follows: 46-237a. (a) The provisions of this section shall apply to:
20             (1) The governor;
21             (2) the lieutenant governor;
22             (3) the governor's spouse;
23             (4) all classified employees in the civil service of the state of Kansas;
24             (5) all unclassified employees in the executive branch of state gov-
25       ernment whose compensation is subject to approval by the governor pur-
26       suant to K.S.A. 75-2935b, and amendments thereto; and
27             (4) all officers and employees of the executive branch of state govern-
28       ment; and
29             (6) (5) all members of boards, commissions and authorities of the
30       executive branch of state government.
31             (b) No person subject to the provisions of this section shall solicit or
32       accept any gift, economic opportunity, loan, gratuity, special discount or
33       service provided because of such person's official position, except:
34             (1) A gift having an aggregate value of less than $40 given at a cere-
35       mony or public function where the person is accepting the gift in such
36       person's official capacity; or
37             (2) gifts from relatives or gifts from personal friends when it is ob-
38       vious to the person that the gift is not being given because of the person's
39       official position; or
40             (3) anything of value received by the person on behalf of the state
41       that inures to the benefit of the state or that becomes the property of the
42       state; or
43             (4) contributions solicited on behalf of a nonprofit organization which

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  1       is exempt from taxation under paragraph (3) of subsection (c) of section
  2       501 of the internal revenue code of 1986, as amended.
  3             (c) No person subject to the provisions of this section shall solicit or
  4       accept free or special discount meals from a source outside of state gov-
  5       ernment, except:
  6             (1) Meals, the provision of which is motivated by a personal or family
  7       relationship or provided at events that are widely attended. An occasion
  8       is ``widely attended'' when it is obvious to the person accepting the meal
  9       that the reason for providing the meal is not a pretext for exclusive or
10       nearly exclusive access to the person;
11             (2) meals provided at public events in which the person is attending
12       in an official capacity;
13             (3) meals provided to a person subject to this act when it is obvious
14       such meals are not being provided because of the person's official posi-
15       tion; and
16             (4) food such as soft drinks, coffee or snack foods not offered as part
17       of a meal.
18             (d) No person subject to the provisions of this section shall solicit or
19       accept free or special discount travel or related expenses from a source
20       outside state government, except:
21             (1) When it is obvious to the person accepting the same that the free
22       or special discount travel and related expenses are not being provided
23       because of the person's official position; or
24             (2) when the person's presence at a meeting, seminar or event serves
25       a legitimate state purpose or interest and the person's agency authorizes
26       or would authorize payment for such travel and expenses.
27             (e) No person subject to the provisions of this section shall solicit or
28       accept free or special discount tickets or access to entertainment or sport-
29       ing events or activities such as plays, concerts, games, golf, exclusive swim-
30       ming, hunting or fishing or other recreational activities when the free or
31       special discount tickets or access are provided because of the person's
32       official position. The provisions of this subsection shall not apply to per-
33       sons whose official position requires or obliges them to be present at such
34       events or activities.
35             (f)  (1) Violations of the provisions of this section by any classified
36       employee in the civil service of the state of Kansas shall be considered
37       personal conduct detrimental to the state service and shall be a basis for
38       suspension, demotion or dismissal, subject to applicable state law.
39             (2) Violations of the provisions of this section by any unclassified em-
40       ployee whose compensation is subject to be approved by the governor
41       pursuant to K.S.A. 75-2935b, and amendments thereto, shall subject such
42       employee to discipline up to and including termination.
43             (3) In addition to the penalty prescribed under paragraphs (1) and

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  1       (2), the commission on governmental standards and conduct may assess
  2       a civil fine, after proper notice and an opportunity to be heard, against
  3       any person for a violation of this section, in an amount not to exceed
  4       $5,000 for the first violation, not to exceed $10,000 for the second vio-
  5       lation and not to exceed $15,000 for the third violation and for each
  6       subsequent violation. All fines assessed and collected under this section
  7       shall be remitted to the state treasurer. Upon receipt thereof, the state
  8       treasurer shall deposit the entire amount in the state treasury and credit
  9       it to the Kansas commission on governmental standards and conduct fee
10       fund governmental ethics fee fund established by K.S.A. 25-4119e, and
11       amendments thereto.
12             Sec.  2. K.S.A. 1999 Supp. 46-269 is hereby amended to read as fol-
13       lows: 46-269. Each report under K.S.A. 46-268, and amendments thereto,
14       shall disclose the following:
15             (a) The full name and address of each person who has paid compen-
16       sation for lobbying to the lobbyist or has paid for expenses of lobbying by
17       the lobbyist during the period reported.
18             (b) The aggregate amount or value of all expenditures made, except
19       for expenses of general office overhead, by the lobbyist or by the lobbyist's
20       employer for or in direct relation to lobbying during the reporting period,
21       if such expenditures exceed $100. Individual expenditures of less than $2
22       shall not be required to be reported under this subsection. Every lobbyist
23       shall keep detailed accounts of all expenditures required to be reported
24       pursuant to K.S.A. 46-268, and amendments thereto. Such expenditures
25       shall be reported according to the following categories of expenditures:
26             (1) Food and beverages provided as hospitality;
27             (2) entertainment, gifts, honoraria or payments;
28             (3) mass media communications;
29             (4) recreation provided as hospitality;
30             (5) communications for the purpose of influencing legislative or ex-
31       ecutive action; and
32             (6) all other reportable expenditures made in the performance of
33       services as a lobbyist.With regard to expenditures for entertainment or
34       hospitality which is primarily recreation, food and beverages, only
35       amounts expended on a state officer or employee or on such officer or
36       employee's spouse shall be considered to be for or in direct relation to
37       lobbying. Notwithstanding the requirements of this subsection and sub-
38       section (c), no lobbyist shall be responsible to report any expenditure by
39       the lobbyist's employer of which such person has no knowledge.
40             (c)  (1) In addition to the information reported pursuant to subsection
41       (b), each lobbyist expending an aggregate amount of $100 or more for
42       lobbying in any reporting period shall report any gift, entertainment or
43       hospitality provided to members of the legislature, members of the judicial

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  1       branch of government and any employees of the legislature or judicial
  2       branch of government. Such report shall disclose the full name of the
  3       legislator, member of the judicial branch and employee who received such
  4       gift, entertainment or hospitality and the amount expended on such gift,
  5       entertainment or hospitality.
  6             (2) No report shall be required to be filed pursuant to this subsection
  7       (c) for the following:
  8             (A) Meals, the provision of which is motivated by a personal or family
  9       relationship or provided an event where all members of the legislature or
10       all members of the house of representatives or senate have been invited
11       to attend;
12             (B) meals provided at public events in which the person is attending
13       in an official capacity;
14             (C) meals provided to a person subject to this section when it is ob-
15       vious such meals are not being provided because of the person's official
16       position; and
17             (D) food such as soft drinks, coffee or snack foods not offered as part
18       of a meal.
19             (3) In addition to the provisions of paragraph (2), the provisions of
20       this subsection shall not apply to expenditures for entertainment, hospi-
21       tality in the form of recreation, food and beverages provided to all mem-
22       bers of the legislature, all members of a standing or joint committee or all
23       members of a legislative delegation when all members from a congres-
24       sional district have been invited if notice of such invitation and function
25       has been published in the listing or schedule of such events for such mem-
26       bers published and provided by the division of legislative administrative
27       services for such purposes.
28             (c) (d) Except as provided by subsection (c), whenever an individual
29       lobbyist contributes to a single special event, such lobbyist shall report
30       only the aggregate amount or value of the expenditure contributed by
31       such lobbyist.
32             (d) (e) Whenever more than one lobbyist is employed by a single
33       employer, the reports required by this section relating to such employer
34       shall be made by only one such lobbyist and that lobbyist shall be the
35       lobbyist who is most directly connected with the particular expenditure
36       or gift, honoraria or payment. No expenditure or gift, honoraria or pay-
37       ment required to be reported by this section shall be reported by more
38       than one lobbyist.
39             (e) (f) All accounts, records and documents of the lobbyist which
40       relate to every expenditure reported or which should have been reported
41       shall be maintained and preserved by the lobbyist for a period of five
42       years from the date of the filing of such report or statement and may be
43       inspected under conditions determined by the commission.

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  1             Sec.  3. K.S.A. 1999 Supp. 46-237 is hereby amended to read as fol-
  2       lows: 46-237. (a) Except as provided by this section, no state officer or
  3       employee, candidate for state office or state officer elect shall accept, or
  4       agree to accept any (1) economic opportunity, gift, loan, gratuity, special
  5       discount, favor, hospitality, or service having an aggregate value of $40 or
  6       more in any calendar year or (2) hospitality in the form of recreation
  7       having an aggregate value of $100 or more in any calendar year from any
  8       one person known to have a special interest, under circumstances where
  9       such person knows or should know that a major purpose of the donor is
10       to influence such person in the performance of their official duties or
11       prospective official duties.
12             (b) Except as provided by this section, no person with a special in-
13       terest shall offer, pay, give or make any (1) economic opportunity, gift,
14       loan, gratuity, special discount, favor, hospitality or service having an ag-
15       gregate value of $40 or more in any calendar year or (2) hospitality in the
16       form of recreation having an aggregate value of $100 or more in any
17       calendar year to any state officer or employee, candidate for state office
18       or state officer elect with a major purpose of influencing such officer or
19       employee, candidate for state office or state officer elect in the perform-
20       ance of official duties or prospective official duties.
21             (c) No person licensed, inspected or regulated by a state agency shall
22       offer, pay, give or make any economic opportunity, gift, loan, gratuity,
23       special discount, favor, hospitality, or service having an aggregate value
24       of $40 or more in any calendar year to such agency or any state officer
25       or employee, candidate for state office or state officer elect of that agency.
26             (d) Hospitality in the form of recreation, food and beverages is pre-
27       sumed not to be given to influence a state officer or employee, candidate
28       for state office or state officer elect in the performance of official duties
29       or prospective official duties, except when a particular course of official
30       action is to be followed as a condition thereon. For the purposes of this
31       subsection, the term recreation shall not include the providing or the
32       payment of the cost of transportation or lodging.
33             (e) Except when a particular course of official action is to be followed
34       as a condition thereon, this section shall not apply to: (1) Any contribution
35       reported in compliance with the campaign finance act; or (2) a commer-
36       cially reasonable loan or other commercial transaction in the ordinary
37       course of business.
38             (f) No state officer or employee shall accept any payment of honoraria
39       for any speaking engagement except that a member of the state legislature
40       or a part-time officer or employee of the executive branch of government
41       shall be allowed to receive reimbursement in the preparation for and the
42       making of a presentation at a speaking engagement in an amount fixed
43       by the commission prior to the acceptance of the speaking engagement.

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  1       Nothing in this section shall be construed to prohibit the reimbursement
  2       of state officers and employees for reasonable expenses incurred in at-
  3       tending seminars, conferences and other speaking engagements.
  4             (g) The provisions of this section shall not be applicable to or prohibit
  5       the acceptance of gifts from governmental agencies of foreign nations
  6       except that any gift accepted from such foreign governmental agency,
  7       having an aggregate value of $100 or more, shall be accepted on behalf
  8       of the state of Kansas.
  9             (h) No legislator shall solicit any contribution to be made to any or-
10       ganization for the purpose of paying for travel, subsistence and other
11       expenses incurred by such legislator or other members of the legislature
12       in attending and participating in meetings, programs and activities of such
13       organization or those conducted or sponsored by such organization, but
14       nothing in this act or the act of which this act is amendatory shall be
15       construed to prohibit any legislator from accepting reimbursement for
16       actual expenses for travel, subsistence, hospitality, entertainment and
17       other expenses incurred in attending and participating in meetings, pro-
18       grams and activities sponsored by the government of any foreign nation,
19       or any organization organized under the laws of such foreign nation or
20       any international organization or any national, nonprofit, nonpartisan or-
21       ganization established for the purpose of serving, informing, educating
22       and strengthening state legislatures in all states of the nation, when paid
23       from funds of such organization and nothing shall be construed to limit
24       or prohibit the expenditure of funds of and by any such organization for
25       such purposes.
26             New Sec.  4. (a) (1) ``Professional services'' means services performed
27       under a contract with an agency of the state by any of the following:
28             (A) A certified public accountant;
29             (B) an attorney;
30             (C) a physician or other practitioner who is required to be licensed
31       by the board of healing arts; or
32             (D) a consultant.
33             (2) ``Consultant'' means an individual or firm providing contractual
34       services in the form of professional or technical advice or opinions.
35             (b) Except as provided in subsections (c) and (d), all contracts for
36       professional and consultant services shall be negotiated in accordance
37       with the provisions of K.S.A. 75-37,102, and amendments thereto.
38             (c) The provisions of subsection (b) shall not apply to any contract
39       for professional or consultant services that the director of purchases de-
40       termines meets one or more of the criteria established in subsections (a)
41       and (h) of K.S.A. 75-3739, and amendments thereto. When the director
42       of purchases approves a contract for professional or consultant services
43       under this subsection, the director may delegate authority to the agency

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  1       to enter into the contract under conditions and procedures prescribed by
  2       the director.
  3             (d) The provisions of subsection (b) shall not apply to any contract
  4       for professional or consultant services that is not anticipated to exceed
  5       $25,000 in any fiscal year. Such a contract shall be entered into by the
  6       state agency on the basis of competitive negotiations with at least two
  7       individuals or firms unless the head of that state agency determines that
  8       competitive negotiations are not in the best interest of the state. The
  9       agency head shall make a report to the director of purchases at least once
10       in each calendar quarter of each contract for professional or consultant
11       services that exceeds $5,000 and is entered into without competitive
12       negotiations.
13             (e) The director of purchases shall prepare a detailed report at least
14       once in each calendar quarter of each contract for professional or con-
15       sultant services that exceeds $5,000 and is entered into under subsection
16       (c) and all contracts for professional or consultant services reported to
17       the director under subsection (d). The director of purchases shall submit
18       the report to the legislative coordinating council, the chairperson of the
19       committee on ways and means of the senate, the chairperson of the com-
20       mittee on appropriations of the house of representatives and the chair-
21       person of the Kansas performance review board.
22             (f) All contracts for architectural services, engineering services, con-
23       struction management or ancillary technical services entered into by an
24       agency of the state shall be entered into in accordance with the applicable
25       provisions of K.S.A. 75-430a, 75-1250 through 75-1266 and 75-5801
26       through 75-5807, and amendments thereto.
27             New Sec.  5. If a state agency expends grant funds to purchase goods
28       or services for which the state agency receives a direct service or a tangible
29       asset, the procurement of those goods or services shall be subject to
30       K.S.A. 75-3739, 75-37,102 and section 1 and amendments thereto, or
31       other applicable statutes relating to procurement of those goods and
32       services.
33             New Sec.  6. Nothing in section 5 or section 6, and amendments
34       thereto, shall allow federal grant moneys to be handled differently from
35       any other moneys of the state unless the requirements of the applicable
36       federal grant specifically require such federal moneys to be handled
37       differently. 
38       Sec.  7. K.S.A. 1999 Supp. 46-237, 46-237a and 46-269 are hereby
39       repealed.
40        Sec.  8. This act shall take effect and be in force from and after its
41       publication in the statute book.