HOUSE BILL No. 2135
By Committee on Governmental Organization and Elections
AN ACT concerning state governmental ethics; relating to certain solic-
itations by state officers and employees, candidates and officers elect;
amending K.S.A. 1996 Supp. 46-236 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1996 Supp. 46-236 is hereby amended to read as
follows: 46-236. (a) No state officer or employee, candidate for state office
or state officer elect shall solicit any economic opportunity, gift, loan,
gratuity, special discount, favor, hospitality, or service from any person
known to have a special interest, under circumstances where such officer,
employee, candidate or state officer elect knows or should know that a
major purpose of the donor in granting the same could be to influence
the performance of the official duties or prospective official duties of such
officer, employee, candidate or state officer elect.
(b) 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; (2) a commercially
reasonable loan or other commercial transaction in the ordinary course
of business if, from and after the effective date of this act, such state
or employee, candidate for state office or state officer elect can show by
clear and convincing evidence that: (A) Such loan or other commercial
transaction was obtained for a reason unrelated to and not arising from
such officer's, employee's, candidate's or officers elect's performance of
the official duties or prospective official duties thereof; and (B) such loan
or other commercial transaction was unrelated to actions or matters which
relate to the performance of the official duties or prospective performance
of the official duties of such officers, employees, candidates or officers
elect; or (3) any solicitation for the benefit of any charitable organization
which is required to file a registration statement with the secretary of
state pursuant to K.S.A.
17-1740 17-1763, and amendments thereto, or
which is exempted from filing such statement pursuant to K.S.A. 17-1741
17-1762, and amendments thereto, or for the benefit of any educational
institution or such institution's endowment association, if such association
has qualified as a nonprofit organization under paragraph (3) of subsec-
tion (c) of section 501 of the internal revenue code of 1986, as amended.
Sec. 2. K.S.A. 1996 Supp. 46-236 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.