Session of 1997
SENATE BILL No. 342
By Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap,
Gooch, Goodwin, Jones, Karr, Petty and Steineger
10 AN ACT relating to state governmental ethics; concerning conflicts of
11 interests; requiring disclosure of certain information; amending K.S.A.
12 46-239 and 46-248 and K.S.A. 1996 Supp. 46-233 and repealing the
13 existing sections.
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1996 Supp. 46-233 is hereby amended to read as
17 follows: 46-233. (a) (1) No state officer or employee shall in the capacity
18 as such officer or employee be substantially involved in the preparation
19 of or participate in the making of a contract with any person or business
20 by which such officer or employee is employed or in whose business such
21 officer or employee or any member of such officer's or employee's im-
22 mediate family has a substantial interest and no such person or business
23 shall enter into any contract where any state officer or employee, acting
24 in such capacity, is a signatory to, has been substantially involved in the
25 preparation of or is a participant in the making of such contract and is
26 employed by such person or business or such officer or employee or any
27 member of such officer's or employee's immediate family has a substantial
28 interest in such person or business. Substantial interest means ``substan-
29 tial interest'' as defined by K.S.A. 46-229, and amendments thereto, and
30 any such interest held within the preceding twelve months of the act or
31 event of participating in the preparation of making a contract.
32 (2) Except as otherwise provided in this subsection, whenever any
33 individual has, within the preceding two years participated as a state of-
34 ficer or employee in the making of any contract with any person or busi-
35 ness, such individual shall not accept employment with such person or
36 business for one year following termination of employment as a state
37 officer or employee. This prohibition on accepting employment shall not
38 apply in any case in which: (A) A state officer or employee who partici-
39 pated in making a contract while employed by an institution that is sub-
40 sequently closed or abolished or otherwise ceases operations or that has
41 budget reductions imposed that are associated with such closure and who
42 is laid off from employment with such institution for the reason of such
43 closure, abolition or cessation of operations or such imposition of budget
1 reductions; or (B) a state officer or employee who participated in making
2 a contract while employed by an institution that is scheduled to be closed
3 or abolished or to cease operations, who is scheduled to be laid off from
4 employment with such institution for the reason of the scheduled closure,
5 abolition or cessation of operations, and who voluntarily terminates such
6 employment after receiving such state officer or employee's notice of the
7 scheduled layoff. As used in this subsection (a)(2), ``laid off'' and ``layoff''
8 mean, in the case of a state officer or employee in the classified service
9 under the Kansas civil service act, being laid off under K.S.A. 75-2948,
10 and amendments thereto, and, in the case of a state officer or employee
11 in the unclassified service under the Kansas civil service act, being ter-
12 minated from employment with the state agency by the appointing au-
13 thority, except that ``laid off'' and ``layoff'' shall not include any separation
14 from employment pursuant to a budget reduction or expenditure au-
15 thority reduction and a reduction of F.T.E. positions under K.S.A. 1996
16 Supp. 75-6801, and amendments thereto; and ``institution'' means Topeka
17 state hospital or Winfield state hospital and training center.
18 (b) No individual shall, while a legislator or within one year after the
19 expiration of a term as legislator, be interested pecuniarily, either directly
20 or indirectly, in any contract with the state, which contract is funded in
21 whole or in part by any appropriation or is authorized by any law passed
22 during such term, except that the prohibition of this subsection (b) shall
23 not apply to any contract interest in relation to which a disclosure state-
24 ment is filed as provided by K.S.A. 46-239, and amendments thereto.
25 (c) No individual, while a legislator or within one year after the ex-
26 piration of a term as a legislator, shall represent any person in a court
27 proceeding attacking any legislative action taken or enactment made dur-
28 ing any term such individual served as a legislator as being unconstitu-
29 tional because of error in the legislative process with respect to such
30 action or enactment unless such legislator voted no upon the enactment
31 of the measure and declared on the record, during such term, that such
32 legislation was unconstitutional. The prohibition of this subsection (c)
33 shall not apply to a current or former legislator charged with a violation
34 of such legislative action or enactment.
35 (d) Subsections (a) and (b) shall not apply to the following:
36 (1) Contracts let after competitive bidding has been advertised for by
37 published notice; and
38 (2) contracts for property or services for which the price or rate is
39 fixed by law.
40 (e) (1) A public officer or employee may participate in, vote on, or
41 influence or attempt to influence an official decision if the only pecuniary
42 interest or reasonably foreseeable benefit that may accrue to the public
43 officer or employee is incidental to the public officer's or employee's po-
1 sition, or which accrues to the public officer or employee as a member of
2 a profession, occupation or large class, to no greater extent than the pe-
3 cuniary interest or potential benefit could reasonably be foreseen to accrue
4 to all other members of the profession, occupation or large class.
5 (2) Any legislator having a pecuniary interest or benefit in any leg-
6 islative measure in excess of that permitted by subpart (1) of this subsec-
7 tion shall notify in writing the chief clerk or secretary of the house of the
8 legislature of which such person is a member of such conflict prior to the
9 time such measure is considered by the body under the order of business
10 general orders or final action. Such notification shall include a description
11 of the conflict and a statement that the member will not be participating
12 in debate, seeking to influence any legislator or voting on such measure.
13 The chief clerk or secretary shall cause such notification to be published
14 in the journal for the day on which such notification was filed.
15 Sec. 2. K.S.A. 46-239 is hereby amended to read as follows: 46-239.
16 (a) No state officer or employee shall accept employment in any repre-
17 sentation case, unless such officer or employee has properly filed the
18 disclosure statement prescribed by this section.
19 (b) Any state officer or employee who is employed in any represen-
20 tation case shall, not later than 10 days after the acceptance of employ-
21 ment for such case or on the first appearance before the state agency
22 involved (whichever occurs first), file on a form prescribed and provided
23 by the commission a disclosure statement as provided in this section.
24 (c) Any individual, within one year after the expiration of a term as a
25 legislator, who contracts to perform any service for a state agency other
26 than the legislature, shall not later than 10 days after the acceptance of
27 such contract, file a disclosure statement as provided in this section. Any
28 agency of the state of Kansas which enters into a contract with any leg-
29 islator, or any member of a firm of which such legislator is a member,
30 under which the legislator or the member of such firm is to perform
31 services for such agency for compensation shall make a report on a form
32 prescribed and provided by the commission giving the name of the state
33 agency, the purpose of the employment and the method of determining
34 and computing the compensation for such employment. All such forms
35 shall be filed quarterly in the office of the secretary of state.
36 (d) Any elected state officer shall file a disclosure statement as pro-
37 vided in this section, not later than 10 days after the acceptance of income
38 paid from public moneys appropriated by the legislature from state funds
39 or budgeted for expenditure by any political or taxing subdivision of the
40 state under any contract under which such officer or any member of the
41 immediate family of such officer will receive the amount of $2,000 or
42 more. Such report shall disclose the full amount of the income received
43 and the name of the state or local agency from which funds such income
1 was derived.
(d) (e) The disclosure statement required by this section shall be filed
3 with the secretary of state in all cases. Any individual who files a statement
4 may file an amended statement (or, if permitted by the secretary of state,
5 amend the original filing) at any time after the statement is originally
6 filed. Copies of each such statement shall forthwith upon filing be trans-
7 mitted by the secretary of state to (1) in the case of members of the house
8 of representatives, the chief clerk of the house of representatives, or (2)
9 in the case of senators, the secretary of the senate. In addition to the
10 foregoing, a copy of every disclosure statement shall be transmitted by
11 the secretary of state to the state agency involved, if the state agency is
12 other than a part of the legislative branch.
13 (e) (f) For the purpose of reporting representation cases, the disclo-
14 sure statement provided for by this section shall be signed by the person
15 making the same and shall state (1) the name of the employer, (2) the
16 purpose of the employment and (3) the method of determining and com-
17 puting the compensation for the employment in the representation case.
18 (f) (g) Any person who is employed in a representation case and who
19 is required to file a disclosure statement pursuant to this section may file,
20 upon termination of such person's employment in such representation
21 case, a termination statement with the secretary of state. Such statement
22 shall be on a form prescribed and provided by the commission and shall
23 state (1) the name of the employer, (2) the state agency involved in the
24 case, and (3) the date of the termination of employment. The secretary
25 of state shall transmit a copy of such statement to the state agency in-
27 (g) (h) Failure to file a true disclosure statement is intentionally (1)
28 failing to file a disclosure statement when and where required by this
29 section, or
30 (2) filing a disclosure statement under this section which contains any
31 material misrepresentation or false or fraudulent statement.
32 Failure to file a true disclosure statement is a class B misdemeanor.
33 Sec. 3. K.S.A. 46-248 is hereby amended to read as follows: 46-248.
34 The statement of substantial interests required by K.S.A. 46-247 through
35 46-252, and amendments thereto, shall include the substantial interests
36 of the individual making the statement. Campaign contributions reported
37 in compliance with the campaign finance act shall not be included in this
38 statement. The statement shall include the information required by
39 K.S.A. 46-229 and amendments thereto in such detail and form as re-
40 quired by the commission. In reporting a substantial interest in the own-
41 ership of any business in accordance with subsection (a) of K.S.A. 46-229,
42 and amendments thereto, the individual making the statement shall
43 disclose the approximate percentage of ownership which the individual
1 or individual's spouse owns. In reporting substantial interests in accor-
2 dance with K.S.A. 46-229, and amendments thereto, the individual mak-
3 ing the statement shall disclose the total amount of the income received
4 by the individual and the individual's spouse from each substantial inter-
5 est so reported. The individual also shall disclose the same information
6 required to be reported by subsection (d) of K.S.A. 46-239, and amend-
7 ments thereto, on such statement.
8 (a) The statement of substantial interests shall be filed at the follow-
9 ing times by the individuals specified in K.S.A. 46-247 and amendments
11 (1) For an individual, other than a candidate, who was appointed or
12 took office on or before April 30, 1984, between April 15 and June 1,
13 1984, and for an individual or other candidate who is appointed or takes
14 office on or before April 30 in any year thereafter, annually between April
15 15 and April 30, inclusive, so long as the act applies to the individual;
16 (2) for an individual, other than a candidate, who is appointed after
17 April 30 in any year, within 15 days after the appointment and annually
18 thereafter between April 15 and April 30, inclusive, so long as the act
19 applies to the individual;
20 (3) for an individual who becomes a candidate on or before the date
21 prescribed by K.S.A. 25-205 and amendments thereto, on the date pre-
22 scribed by K.S.A. 25-205 and amendments thereto or within 10 days
23 thereafter, unless within that period the candidacy is officially declined
24 or rejected; or
25 (4) for an individual who becomes a candidate after the date pre-
26 scribed by K.S.A. 25-205 and amendments thereto, within five days of
27 becoming a candidate, unless within that period the candidacy is officially
28 declined or rejected.
29 (b) Individuals who become subject to subsection (a) and who have
30 on file a statement of substantial interests pursuant to this act for the
31 current year shall not be required to file any additional statement of sub-
32 stantial interests for that period.
33 (c) If an individual serves in more than one capacity for which a state-
34 ment of substantial interests is required to be filed pursuant to this act,
35 the individual shall be required to file only a single statement of substan-
36 tial interests for all capacities for which a statement is required to be filed.
37 (d) The statements required by this section shall be filed with the
38 secretary of state in all cases.
39 Sec. 4. K.S.A. 46-239 and 46-248 and K.S.A. 1996 Supp. 46-233 are
40 hereby repealed.
41 Sec. 5. This act shall take effect and be in force from and after its
42 publication in the statute book.