SB 79--Fur. Am. by S
As Further Amended by Senate
As Further Amended by Senate
As Amended by Senate Committee
Session of 1997
SENATE BILL No. 79
By Joint Committee on Computers and
AN ACT concerning ethical conduct of state officers and
employees; amending K.S.A. 1996 Supp. 46-233 and repealing the
14 AN ACT concerning governmental ethics; concerning state officers
15 and employees; concerning lobbying and lobbyists; amending
16 K.S.A. 46-267 and K.S.A. 1996 Supp. 46-233 and repealing the
17 existing sections.
19 Be it enacted by the Legislature of the State of Kansas:
20 Section 1. K.S.A. 1996 Supp. 46-233 is hereby amended to read as
21 follows: 46-233. (a) (1) No state officer or employee shall in the capacity
22 as such officer or employee be substantially involved in the preparation
23 of or participate in the making of a contract with any person or business
24 by which such officer or employee is employed or in whose business such
25 officer or employee or any member of such officer's or employee's im-
26 mediate family has a substantial interest and no such person or business
27 shall enter into any contract where any state officer or employee, acting
28 in such capacity, is a signatory to, has been substantially involved in the
29 preparation of or is a participant in the making of such contract and is
30 employed by such person or business or such officer or employee or any
31 member of such officer's or employee's immediate family has a substantial
32 interest in such person or business.
Substantial interest means ``substan-
33 tial interest'' as defined by K.S.A. 46-229, and amendments thereto, and
34 any such interest held within the preceding twelve months of the act or
35 event of participating in the preparation of making a contract.
36 (2) Except as otherwise provided in this subsection, whenever any
37 individual has , within the preceding two years participated as a state of-
38 ficer or employee in the making of any contract with any person or busi-
39 ness, such individual shall not accept employment with such person or
40 business for one year following termination of as an employee, inde-
41 pendent contractor or subcontractor until two years after performance
SB 79--Fur. Am. by S
1 of the contract is completed or until two years after the individual ter-
2 minates employment as a state officer or employee, whichever is sooner.
3 This prohibition on accepting employment shall not apply in any case in
4 which: (A) A state officer or employee who participated in making a con-
5 tract while employed by an institution that is subsequently closed or abol-
6 ished or otherwise ceases operations or that has budget reductions im-
7 posed that are associated with such closure and who is laid off from
8 employment with such institution for the reason of such closure, abolition
9 or cessation of operations or such imposition of budget reductions; or (B)
10 a state officer or employee who participated in making a contract while
11 employed by an institution that is scheduled to be closed or abolished or
12 to cease operations, who is scheduled to be laid off from employment
13 with such institution for the reason of the scheduled closure, abolition or
14 cessation of operations, and who voluntarily terminates such employment
15 after receiving such state officer or employee's notice of the scheduled
16 layoff. As used in this subsection (a)(2), ``laid off'' and ``layoff'' mean, in
17 the case of a state officer or employee in the classified service under the
18 Kansas civil service act, being laid off under K.S.A. 75-2948, and amend-
19 ments thereto, and, in the case of a state officer or employee in the
20 unclassified service under the Kansas civil service act, being terminated
21 from employment with the state agency by the appointing authority, ex-
22 cept that ``laid off'' and ``layoff'' shall not include any separation from
23 employment pursuant to a budget reduction or expenditure authority
24 reduction and a reduction of F.T.E. positions under K.S.A. 1996 Supp.
25 75-6801, and amendments thereto; and ``institution'' means Topeka state
26 hospital or Winfield state hospital and training center.
27 (b) No individual shall, while a legislator or within one year after the
28 expiration of a term as legislator, be interested pecuniarily, either directly
29 or indirectly, in any contract with the state, which contract is funded in
30 whole or in part by any appropriation or is authorized by any law passed
31 during such term, except that the prohibition of this subsection (b) shall
32 not apply to any contract interest in relation to which a disclosure state-
33 ment is filed as provided by K.S.A. 46-239, and amendments thereto.
34 (c) No individual, while a legislator or within one year after the ex-
35 piration of a term as a legislator, shall represent any person in a court
36 proceeding attacking any legislative action taken or enactment made dur-
37 ing any term such individual served as a legislator as being unconstitu-
38 tional because of error in the legislative process with respect to such
39 action or enactment unless such legislator voted no upon the enactment
40 of the measure and declared on the record, during such term, that such
41 legislation was unconstitutional. The prohibition of this subsection (c)
42 shall not apply to a current or former legislator charged with a violation
43 of such legislative action or enactment.
SB 79--Fur. Am. by S
1 (d) Subsections (a) and (b) shall not apply to the following:
2 (1) Contracts let after competitive bidding has been advertised for by
3 published notice; and
4 (2) Contracts for property or services for which the price or rate is
5 fixed by law.
6 (e) When used in this section:
7 (1) ``Substantial interest'' shall have the same meaning ascribed
8 thereto by K.S.A. 46-229, and amendments thereto, and any such
9 interest held within the preceding 12 months of the act or event of
10 participating in the preparation of making a contract.
11 (2) ``Substantially involved in the preparation of or participate
12 in the making of a contract'' means having approved or disapproved
13 a contract or having provided significant factual or specific infor-
14 mation or advice or recommendations in relation to the negotiated
15 terms of the contract.
16 Sec. 2. K.S.A. 46-267 is hereby amended to read as follows: 46-
17 267. (a) No person shall pay or accept or agree to pay or accept or
18 arrange for a third party to pay or agree to pay present, future, promised
19 or contingent compensation, or any part thereof, for lobbying which
20 is contingent upon the result achieved or attained.
21 (b) No person shall pay or accept or agree to pay or accept present,
22 future, promised or contingent compensation, or any part thereof, for the
23 referral of a person or persons to a lobbyist for lobbying services.
24 (c) No lobbying contract or agreement shall be valid or enforceable
25 in a court of law unless it is in writing, signed by all parties thereto and
26 was executed prior to the lobbyist's commencement of lobbying for the
27 represented person under such contract or agreement. Any such lobbying
28 contract or agreement shall be invalid and unenforceable unless such lob-
29 byist complies with all lobbying laws and lobbyist reporting requirements
30 of this act.
2 3. K.S.A. 1996 Supp. 46-233 is 46-267 and K.S.A. 1996
32 Supp. 46-233 are hereby repealed.
33 Sec. 3 4. This act shall take effect and be in force from and after its
34 publication in the statute book.