Gift Made with Intent to Influence
(a) Except as provided by this section, no state officer or employee, candidate for state office or state officer elect shall accept, or agree to accept any: . . .
- (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year from any one person known to have a special interest, under circumstances where such person knows or should know that a major purpose of the donor is to influence such person in the performance of their official duties or prospective official duties.
(b) Except as provided by this section, no person with a special interest shall offer, pay, give or make any: . . .
- (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year to any state officer or employee, candidate for state office or state officer elect with a major purpose of influencing such officer or employee, candidate for state office or state officer elect in the performance of official duties or prospective official duties or to a member or member elect or employee of the judicial branch with a major purpose of influencing the member or member elect or employee of the judicial branch in the performance of official duties or prospective official duties pertaining to a judicial administrative matter, as defined in K.S.A. 46-225, and amendments thereto.
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(d) Hospitality in the form of food and beverages is presumed not to be given to influence a state officer or employee, candidate for state office or state officer elect in the performance of official duties or prospective official duties, or to influence a member or member elect or employee of the judicial branch in the performance of official duties or prospective official duties pertaining to a judicial administrative matter as defined in K.S.A. 46-225, and amendments thereto, except when a particular course of official action is to be followed as a condition thereon.
(e) Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act; or (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business.
Kan. Stat. Ann. § 46-237(a)(2), (b)(2), (d), (e).
Extra Compensation for Official Duties
No state officer or employee shall accept compensation for performance of official duties, other than that to which such person is entitled for such performance. No person shall pay or offer to pay any state officer or employee any compensation for performance of official duties, except a state officer or employee performing official duties in making payments to state officers and employees. The receipt of wages or salary from an individual’s non-state employer during a period of service as a state officer or employee shall not be construed as compensation for performance of official duties.
Kan. Stat. Ann. § 46-235.
Gift Regardless of Giver Status
46-237a. Gifts or Meals Solicited or Accepted by Certain State Officers, Employees and Members of Boards and Commissions; Limitations and Prohibitions; Penalties
(a) The provisions of this section shall apply to:
- The governor;
- the lieutenant governor;
- the governor’s spouse;
- all officers and employees of the executive branch of state government; and
- all members of boards, commissions and authorities of the executive branch of state government.
(b) No person subject to the provisions of this section shall solicit or accept any gift, economic opportunity, loan, gratuity, special discount or service provided because of such person’s official position, except:
- A gift having an aggregate value of less than $40 given at a ceremony or public function where the person is accepting the gift in such person’s official capacity;
- gifts from relatives or gifts from personal friends when it is obvious to the person that the gift is not being given because of the person’s official position;
- anything of value received by the person on behalf of the state that inures to the benefit of the state or that becomes the property of the state; or
- contributions solicited on behalf of a nonprofit organization which is exempt from taxation under paragraph (3) of subsection (c) of section 501 of the internal revenue code of 1986, as amended.
(c) No person subject to the provisions of this section shall solicit or accept free or special discount meals from a source outside of state government, except:
- Meals, the provision of which is motivated by a personal or family relationship or provided at events that are widely attended. An occasion is “widely attended” when it is obvious to the person accepting the meal that the reason for providing the meal is not a pretext for exclusive or nearly exclusive access to the person;
- meals provided at public events in which the person is attending in an official capacity;
- meals provided to a person subject to this act when it is obvious such meals are not being provided because of the person’s official position;
- food such as soft drinks, coffee or snack foods not offered as part of a meal;
- any meal, the value of which is $40 or less, not provided by a lobbyist registered pursuant to K.S.A. 46-265, and amendments thereto;
- meals provided to a person when the person’s presence at the event or meeting at which the meal is provided serves a legitimate state purpose or interest and the agency of which such person is an officer or employee authorizes such person’s attendance at such event or meeting;
- meals provided to the governor’s spouse and members of the governor’s immediate family at the event or meeting at which the meal is provided serve a legitimate state purpose or interest; and
- any meal, if provided by a lobbyist registered pursuant to K.S.A. 46-265, and amendments thereto, and the lobbyist reports providing the meal as required pursuant to K.S.A. 46-269, and amendments thereto, except when a particular course of official action is to be followed as a condition of accepting the meal.
(d) No person subject to the provisions of this section shall solicit or accept free or special discount travel or related expenses from a source outside state government, except:
- When it is obvious to the person accepting the same that the free or special discount travel and related expenses are not being provided because of the person’s official position; or
- when the person’s presence at a meeting, seminar or event serves a legitimate state purpose or interest and the person’s agency authorizes or would authorize payment for such travel and expenses.
(e) No person subject to the provisions of this section shall solicit or accept free or special discount tickets or access to entertainment or sporting events or activities such as plays, concerts, games, golf, exclusive swimming, hunting or fishing or other recreational activities when the free or special discount tickets or access are provided because of the person’s official position. The provisions of this subsection shall not apply to persons whose official position requires or obliges them to be present at such events or activities.
(f)
- Violations of the provisions of this section by any classified employee in the civil service of the state of Kansas shall be considered personal conduct detrimental to the state service and shall be a basis for suspension, demotion or dismissal, subject to applicable state law.
- Violations of the provisions of this section by any unclassified employee shall subject such employee to discipline up to and including termination.
- In addition to the penalty prescribed under paragraphs (1) and (2), the commission may assess a civil fine, after proper notice and an opportunity to be heard, against any person for a violation of this section, in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation and not to exceed $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the governmental ethics fee fund established by K.S.A. 25-4119e, and amendments thereto.
- Receiving a meal provided by a lobbyist who is not registered pursuant to K.S.A. 46-265, and amendments thereto, or who fails to report providing the meal as required pursuant to K.S.A. 46-269, and amendments thereto, or as required by subsection (c) (8), shall not be considered a violation of this section, unless the recipient knew the lobbyist was not registered or requested that the lobbyist not report the meal.
Kan. Stat. Ann. § 46-237a.
Kan. Stat. Ann. § 46-237 – Gifts to State Agencies, State Officers and Employees, etc.
(a) Except as provided by this section, no state officer or employee, candidate for state office or state officer elect shall accept, or agree to accept any:
- Economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service having an aggregate value of $40 or more in any calendar year; . . .
(b) Except as provided by this section, no person with a special interest shall offer, pay, give or make any:
- Economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service having an aggregate value of $40 or more in any calendar year . . .
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(e) Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act; or (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business.
(f) No state officer or employee shall accept any payment of honoraria for any speaking engagement except that a member of the state legislature or a part-time officer or employee of the executive branch of government shall be allowed to receive reimbursement in the preparation for and the making of a presentation at a speaking engagement in an amount fixed by the commission prior to the acceptance of the speaking engagement. Nothing in this section shall be construed to prohibit the reimbursement of state officers and employees for reasonable expenses incurred in attending seminars, conferences and other speaking engagements.
(g) The provisions of this section shall not be applicable to or prohibit the acceptance of gifts from governmental agencies of foreign nations except that any gift accepted from such foreign governmental agency, having an aggregate value of $100 or more, shall be accepted on behalf of the state of Kansas.
(h) No legislator shall solicit any contribution to be made to any organization for the purpose of paying for travel, subsistence and other expenses incurred by such legislator or other members of the legislature in attending and participating in meetings, programs and activities of such organization or those conducted or sponsored by such organization, but nothing in this act or the act of which this act is amendatory shall be construed to prohibit any legislator from accepting reimbursement for actual expenses for travel, subsistence, hospitality, entertainment and other expenses incurred in attending and participating in meetings, programs and activities sponsored by the government of any foreign nation, or any organization organized under the laws of such foreign nation or any international organization or any national, nonprofit, nonpartisan organization established for the purpose of serving, informing, educating and strengthening state legislatures in all states of the nation, when paid from funds of such organization and nothing shall be construed to limit or prohibit the expenditure of funds of and by any such organization for such purposes.
Kan. Stat. Ann. § 46-237(a)(1), (b)(1), (e), (f), (g), (h).
Gift from Lobbyist or Regulated Entity
Kan. Stat. Ann. § 46-237 – Gifts to State Agencies, State Officers and Employees, etc.
(a) Except as provided by this section, no state officer or employee, candidate for state office or state officer elect shall accept, or agree to accept any: . . .
- (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year from any one person known to have a special interest, under circumstances where such person knows or should know that a major purpose of the donor is to influence such person in the performance of their official duties or prospective official duties.
(b) Except as provided by this section, no person with a special interest shall offer, pay, give or make any: . . .
- (2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year to any state officer or employee, candidate for state office or state officer elect with a major purpose of influencing such officer or employee, candidate for state office or state officer elect in the performance of official duties or prospective official duties or to a member or member elect or employee of the judicial branch with a major purpose of influencing the member or member elect or employee of the judicial branch in the performance of official duties or prospective official duties pertaining to a judicial administrative matter, as defined in K.S.A. 46-225, and amendments thereto.
(c) No person licensed, inspected or regulated by a state agency shall offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service having an aggregate value of $40 or more in any calendar year to such agency or any state officer or employee, candidate for state office or state officer elect of that agency.
(d) Hospitality in the form of food and beverages is presumed not to be given to influence a state officer or employee, candidate for state office or state officer elect in the performance of official duties or prospective official duties, or to influence a member or member elect or employee of the judicial branch in the performance of official duties or prospective official duties pertaining to a judicial administrative matter as defined in K.S.A. 46-225, and amendments thereto, except when a particular course of official action is to be followed as a condition thereon.
(e) Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act; or (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business.
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(g) The provisions of this section shall not be applicable to or prohibit the acceptance of gifts from governmental agencies of foreign nations except that any gift accepted from such foreign governmental agency, having an aggregate value of $100 or more, shall be accepted on behalf of the state of Kansas.
Kan. Stat. Ann. § 46-237(a)(2), (b)(2), (c), (d), (e), (g).
Definitions and Exceptions
Please see above sections for statute specific definitions and exceptions.
Notes/Resources
Resource(s)
Guidelines for State Employees Concerning Meals, Gifts, Entertainment & Travel