As Amended by Senate Committee
Session of 2000
By Committee on Elections and Local Government

10             AN  ACT concerning governmental ethics; relating to contracts involving
11             state officers or employees; amending K.S.A. 1999 Supp. 46-233 and
12             repealing the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 46-233 is hereby amended to read as
16       follows: 46-233. (a) (1) No state officer or employee shall in the capacity
17       as such officer or employee be substantially involved in the preparation
18       of or participate in the making of a contract with any person or business
19       by which such officer or employee is employed or in whose business such
20       officer or employee or any member of such officer's or employee's im-
21       mediate family has a substantial interest and no such person or business
22       shall enter into any contract where any state officer or employee, acting
23       in such capacity, is a signatory to, has been substantially involved in the
24       preparation of or is a participant in the making of such contract and is
25       employed by such person or business or such officer or employee or any
26       member of such officer's or employee's immediate family has a substantial
27       interest in such person or business.
28             (2) Except as otherwise provided in this subsection, whenever any
29       individual has participated as a state officer or employee in the making
30       of any contract with any person or business, such individual shall not
31       accept employment with such person or business as an employee, inde-
32       pendent contractor or subcontractor until two years after performance of
33       the contract is completed or until two years after the individual terminates
34       employment as a state officer or employee, whichever is sooner. This
35       prohibition on accepting employment shall not apply in any case in which:
36       (A) A state officer or employee who participated in making a contract
37       while employed by an institution that is subsequently closed or abolished
38       or otherwise ceases operations or that has budget reductions imposed
39       that are associated with such closure and who is laid off from employment
40       with such institution for the reason of such closure, abolition or cessation
41       of operations or such imposition of budget reductions; or (B) a state of-
42       ficer or employee who participated in making a contract while employed
43       by an institution that is scheduled to be closed or abolished or to cease


  1       operations, who is scheduled to be laid off from employment with such
  2       institution for the reason of the scheduled closure, abolition or cessation
  3       of operations, and who voluntarily terminates such employment after re-
  4       ceiving such state officer or employee's notice of the scheduled layoff. As
  5       used in this subsection (a)(2), ``laid off'' and ``layoff'' mean, in the case of
  6       a state officer or employee in the classified service under the Kansas civil
  7       service act, being laid off under K.S.A. 75-2948, and amendments thereto,
  8       and, in the case of a state officer or employee in the unclassified service
  9       under the Kansas civil service act, being terminated from employment
10       with the state agency by the appointing authority, except that ``laid off''
11       and ``layoff'' shall not include any separation from employment pursuant
12       to a budget reduction or expenditure authority reduction and a reduction
13       of F.T.E. positions under K.S.A. 75-6801, and amendments thereto; and
14       ``institution'' means Topeka state hospital or Winfield state hospital and
15       training center.
16             (b) No individual shall, while a legislator or within one year after the
17       expiration of a term as legislator, be interested pecuniarily, either directly
18       or indirectly, in any contract with the state, which contract is funded in
19       whole or in part by any appropriation or is authorized by any law passed
20       during such term, except that the prohibition of this subsection (b) shall
21       not apply to any contract interest in relation to which a disclosure state-
22       ment is filed as provided by K.S.A. 46-239, and amendments thereto.
23             (c) No individual, while a legislator or within one year after the ex-
24       piration of a term as a legislator, shall represent any person in a court
25       proceeding attacking any legislative action taken or enactment made dur-
26       ing any term such individual served as a legislator as being unconstitu-
27       tional because of error in the legislative process with respect to such
28       action or enactment unless such legislator voted no upon the enactment
29       of the measure and declared on the record, during such term, that such
30       legislation was unconstitutional. The prohibition of this subsection (c)
31       shall not apply to a current or former legislator charged with a violation
32       of such legislative action or enactment.
33             (d) Subsections (a) and (b) shall not apply to the following:
34             (1) Contracts let after competitive bidding has been advertised for by
35       published notice pursuant to K.S.A. 75-3739, and amendments thereto,
36       or another any other statute authorizing competitive bidding in which
37       there are no negotiations; and
38             (2) Contracts for property or services for which the price or rate is
39       fixed by law.; and
40             (3) for purposes of subsections (a) and (b), ``contract'' means a con-
41       tract that was negotiated under the provisions of K.S.A. 75-37,102, and
42       amendments thereto, or another any other statute authorizing negotia-
43       tions, or was awarded without competition.


  1             (e) When used in this section:
  2             (1) ``Substantial interest'' shall have the same meaning ascribed
  3       thereto by K.S.A. 46-229, and amendments thereto, and any such interest
  4       held within the preceding 12 months of the act or event of participating
  5       in the preparation of making a contract.
  6             (2) ``Substantially involved in the preparation or participate in the
  7       making of a contract'' means having approved or disapproved a contract
  8       or having provided significant factual or specific information or advice or
  9       recommendations in relation to the negotiated terms of the contract. 
10       Sec.  2. K.S.A. 1999 Supp. 46-233 is hereby repealed.
11        Sec.  3. This act shall take effect and be in force from and after its
12       publication in the statute book.