46-237a.Gifts to certain state officers, employeesand members of boardsand commissions; limitations and prohibitions; penalties.(a) The provisions of this section shall apply to:
(1) The governor;
(2) the lieutenant governor;
(3) the governor's spouse;
(4) all officers and employees of the executive branch of stategovernment; and
(5) all members of boards, commissions and authorities ofthe executivebranch of state government.
(b) No person subject to the provisions of this section shall solicit oraccept any gift, economic opportunity, loan, gratuity, special discount orservice provided because of such person's official position, except:
(1) A gift having an aggregate value of less than $40 given at a ceremony orpublic function where the person is accepting the gift in such person'sofficialcapacity; or
(2) gifts from relatives or gifts from personal friends when it is obviousto the person that the gift is not being given because of the person's officialposition; or
(3) anything of value received by the person on behalf of the state thatinures to the benefit of the state or that becomes the property of the state;or
(4) contributions solicited on behalf of a nonprofit organization which isexempt from taxation under paragraph (3) of subsection (c) of section 501 ofthe internal revenue code of 1986, as amended.
(c) No person subject to the provisions of this section shall solicit oraccept free or special discount meals from a source outside of stategovernment, except:
(1) Meals, the provision of which is motivated by a personal or familyrelationship or provided at events that are widely attended. An occasion is"widely attended" when it is obvious to the person accepting the meal that thereason for providing the meal is not a pretext for exclusive or nearlyexclusive access to the person;
(2) meals provided at public events in which the person is attending in anofficial capacity;
(3) meals provided to a person subject to this act when it is obvious suchmeals are not being provided because of the person's official position;
(4) food such as soft drinks, coffee or snack foods not offered as part of ameal;
(5) any meal the value of which is $25 or less;
(6) meals provided to a person when the person's presence at the event ormeeting at which the meal is provided serves a legitimate state purpose orinterest and the agency of which such person is an officer or employeeauthorizes such person's attendance at such event or meeting; and
(7) meals provided to the governor's spouse and members of the governor'simmediate family at the event or meeting at which the meal is provided serve alegitimate state purpose or interest.
(d) No person subject to the provisions of this section shall solicit oraccept free or special discount travel or related expenses from a sourceoutside state government, except:
(1) When it is obvious to the person accepting the same that the free orspecial discount travel and related expenses are not being provided because ofthe person's official position; or
(2) when the person's presence at a meeting, seminar or event serves alegitimate state purpose or interest and the person's agency authorizes orwould authorize payment for such travel and expenses.
(e) No person subject to the provisions of this section shall solicit oraccept free or special discount tickets or access to entertainment or sportingevents or activities such as plays, concerts, games, golf, exclusive swimming,hunting or fishing or other recreational activities when the free or specialdiscount tickets or access are provided because of the person's officialposition. The provisions of this subsection shall not apply to persons whoseofficial position requires or obliges them to be present at such events oractivities.
(f) (1) Violations of the provisions of this section by anyclassified employee in the civil service of the state of Kansas shall beconsidered personal conduct detrimental to the state service and shall be abasis for suspension, demotion or dismissal, subjectto applicable state law.
(2) Violations of the provisions of this section by any unclassifiedemployee shall subject such employee todiscipline up to and including termination.
(3) In addition to the penalty prescribed under paragraphs (1) and (2),the commission may assess a civilfine,after proper notice and an opportunityto be heard, against any person for a violation of this section, in an amountnot to exceed $5,000 for the first violation, not to exceed $10,000 for thesecond violation and not to exceed $15,000 for the third violation and for eachsubsequent violation. All fines assessed and collected under this sectionshall be remitted to the state treasurer in accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receiptof each such remittance, the statetreasurer shall deposit the entire amount in the state treasuryto the credit of thegovernmental ethics fee fund established by K.S.A. 25-4119e, and amendmentsthereto.
46-237a.Gifts to certain state officers, employeesand members of boardsand commissions; limitations and prohibitions; penalties.(a) The provisions of this section shall apply to:
(1) The governor;
(2) the lieutenant governor;
(3) the governor's spouse;
(4) all officers and employees of the executive branch of stategovernment; and
(5) all members of boards, commissions and authorities ofthe executivebranch of state government.
(b) No person subject to the provisions of this section shall solicit oraccept any gift, economic opportunity, loan, gratuity, special discount orservice provided because of such person's official position, except:
(1) A gift having an aggregate value of less than $40 given at a ceremony orpublic function where the person is accepting the gift in such person'sofficialcapacity; or
(2) gifts from relatives or gifts from personal friends when it is obviousto the person that the gift is not being given because of the person's officialposition; or
(3) anything of value received by the person on behalf of the state thatinures to the benefit of the state or that becomes the property of the state;or
(4) contributions solicited on behalf of a nonprofit organization which isexempt from taxation under paragraph (3) of subsection (c) of section 501 ofthe internal revenue code of 1986, as amended.
(c) No person subject to the provisions of this section shall solicit oraccept free or special discount meals from a source outside of stategovernment, except:
(1) Meals, the provision of which is motivated by a personal or familyrelationship or provided at events that are widely attended. An occasion is"widely attended" when it is obvious to the person accepting the meal that thereason for providing the meal is not a pretext for exclusive or nearlyexclusive access to the person;
(2) meals provided at public events in which the person is attending in anofficial capacity;
(3) meals provided to a person subject to this act when it is obvious suchmeals are not being provided because of the person's official position;
(4) food such as soft drinks, coffee or snack foods not offered as part of ameal;
(5) any meal the value of which is $25 or less;
(6) meals provided to a person when the person's presence at the event ormeeting at which the meal is provided serves a legitimate state purpose orinterest and the agency of which such person is an officer or employeeauthorizes such person's attendance at such event or meeting; and
(7) meals provided to the governor's spouse and members of the governor'simmediate family at the event or meeting at which the meal is provided serve alegitimate state purpose or interest.
(d) No person subject to the provisions of this section shall solicit oraccept free or special discount travel or related expenses from a sourceoutside state government, except:
(1) When it is obvious to the person accepting the same that the free orspecial discount travel and related expenses are not being provided because ofthe person's official position; or
(2) when the person's presence at a meeting, seminar or event serves alegitimate state purpose or interest and the person's agency authorizes orwould authorize payment for such travel and expenses.
(e) No person subject to the provisions of this section shall solicit oraccept free or special discount tickets or access to entertainment or sportingevents or activities such as plays, concerts, games, golf, exclusive swimming,hunting or fishing or other recreational activities when the free or specialdiscount tickets or access are provided because of the person's officialposition. The provisions of this subsection shall not apply to persons whoseofficial position requires or obliges them to be present at such events oractivities.
(f) (1) Violations of the provisions of this section by anyclassified employee in the civil service of the state of Kansas shall beconsidered personal conduct detrimental to the state service and shall be abasis for suspension, demotion or dismissal, subjectto applicable state law.
(2) Violations of the provisions of this section by any unclassifiedemployee shall subject such employee todiscipline up to and including termination.
(3) In addition to the penalty prescribed under paragraphs (1) and (2),the commission may assess a civilfine,after proper notice and an opportunityto be heard, against any person for a violation of this section, in an amountnot to exceed $5,000 for the first violation, not to exceed $10,000 for thesecond violation and not to exceed $15,000 for the third violation and for eachsubsequent violation. All fines assessed and collected under this sectionshall be remitted to the state treasurer in accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receiptof each such remittance, the statetreasurer shall deposit the entire amount in the state treasuryto the credit of thegovernmental ethics fee fund established by K.S.A. 25-4119e, and amendmentsthereto.
46-237a.Gifts to certain state officers, employeesand members of boardsand commissions; limitations and prohibitions; penalties.(a) The provisions of this section shall apply to:
(1) The governor;
(2) the lieutenant governor;
(3) the governor's spouse;
(4) all officers and employees of the executive branch of stategovernment; and
(5) all members of boards, commissions and authorities ofthe executivebranch of state government.
(b) No person subject to the provisions of this section shall solicit oraccept any gift, economic opportunity, loan, gratuity, special discount orservice provided because of such person's official position, except:
(1) A gift having an aggregate value of less than $40 given at a ceremony orpublic function where the person is accepting the gift in such person'sofficialcapacity; or
(2) gifts from relatives or gifts from personal friends when it is obviousto the person that the gift is not being given because of the person's officialposition; or
(3) anything of value received by the person on behalf of the state thatinures to the benefit of the state or that becomes the property of the state;or
(4) contributions solicited on behalf of a nonprofit organization which isexempt from taxation under paragraph (3) of subsection (c) of section 501 ofthe internal revenue code of 1986, as amended.
(c) No person subject to the provisions of this section shall solicit oraccept free or special discount meals from a source outside of stategovernment, except:
(1) Meals, the provision of which is motivated by a personal or familyrelationship or provided at events that are widely attended. An occasion is"widely attended" when it is obvious to the person accepting the meal that thereason for providing the meal is not a pretext for exclusive or nearlyexclusive access to the person;
(2) meals provided at public events in which the person is attending in anofficial capacity;
(3) meals provided to a person subject to this act when it is obvious suchmeals are not being provided because of the person's official position;
(4) food such as soft drinks, coffee or snack foods not offered as part of ameal;
(5) any meal the value of which is $25 or less;
(6) meals provided to a person when the person's presence at the event ormeeting at which the meal is provided serves a legitimate state purpose orinterest and the agency of which such person is an officer or employeeauthorizes such person's attendance at such event or meeting; and
(7) meals provided to the governor's spouse and members of the governor'simmediate family at the event or meeting at which the meal is provided serve alegitimate state purpose or interest.
(d) No person subject to the provisions of this section shall solicit oraccept free or special discount travel or related expenses from a sourceoutside state government, except:
(1) When it is obvious to the person accepting the same that the free orspecial discount travel and related expenses are not being provided because ofthe person's official position; or
(2) when the person's presence at a meeting, seminar or event serves alegitimate state purpose or interest and the person's agency authorizes orwould authorize payment for such travel and expenses.
(e) No person subject to the provisions of this section shall solicit oraccept free or special discount tickets or access to entertainment or sportingevents or activities such as plays, concerts, games, golf, exclusive swimming,hunting or fishing or other recreational activities when the free or specialdiscount tickets or access are provided because of the person's officialposition. The provisions of this subsection shall not apply to persons whoseofficial position requires or obliges them to be present at such events oractivities.
(f) (1) Violations of the provisions of this section by anyclassified employee in the civil service of the state of Kansas shall beconsidered personal conduct detrimental to the state service and shall be abasis for suspension, demotion or dismissal, subjectto applicable state law.
(2) Violations of the provisions of this section by any unclassifiedemployee shall subject such employee todiscipline up to and including termination.
(3) In addition to the penalty prescribed under paragraphs (1) and (2),the commission may assess a civilfine,after proper notice and an opportunityto be heard, against any person for a violation of this section, in an amountnot to exceed $5,000 for the first violation, not to exceed $10,000 for thesecond violation and not to exceed $15,000 for the third violation and for eachsubsequent violation. All fines assessed and collected under this sectionshall be remitted to the state treasurer in accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receiptof each such remittance, the statetreasurer shall deposit the entire amount in the state treasuryto the credit of thegovernmental ethics fee fund established by K.S.A. 25-4119e, and amendmentsthereto.
