Current through Register Vol. 43, No. 12, March 20, 2024
Incorporated by reference are the definitions of "express" and
"apparent" contained in K.S.A. 46-215 et seq.
(a) "Bona fide personal or business entertaining or gifts"
means entertainment or gifts provided to state officers or employees or their
spouses which are based solely on a business or personal relationship totally
unrelated to the state officer or employee's duties as such. The following
factors, among others, will be taken into consideration in determining whether
a specific entertainment or gift falls within this definition:
(1) The intent of the parties;
(2) The length of time a business or personal relationship has
existed;
(3) The topics of discussion;
(4) The setting;
(5) The persons attending;
(6) Whether the person providing the entertainment or gift is
reimbursed by an organization by which they are employed; and
(7) Whether the person providing the entertainment or gift, or
his or her principal, deducts or could deduct the expenditures as a business
expense.
(b) "Gift" means the transfer of money or any-thing of value
unless legal consideration of a reasonably equal or greater value is received
in return.
(1) The value of a gift shall be the fair market value or a
reasonable estimate thereof. Where a transfer is made for less than reasonable
consideration, the amount by which the value of the transfer exceeds the value
of the consideration shall be deemed a gift.
(2) Exceptions. For the purposes of K.S.A. 1991 Supp. 46-237,
except when a particular course of official action is to be followed as a
condition thereon, "Gift" does not include:
(A) goods or services which are provided to a state agency
which does not license, inspect nor regulate the giver and are used to benefit
the state as a whole;
(B) goods, services or discounts which are provided to a state
agency to be used for advertising and promoting the products of the state;
(C) goods, services or discounts which are provided by federal
or state agencies;
(D) a rebate, discount or promotional item available to any
individual or governmental agency;
(E) the provision of hospitality in the form of recreation,
food and beverage, except when provided to a state officer or employee which
licenses, inspects or regulates the giver;
(F) any bona fide personal or business gift or entertainment;
or
(G) any contribution reported in compliance with the campaign
finance act.
(c) Hospitality. "Hospitality in the form of recreation, food
and beverage" means the provision of recreation and consumption of food and
beverage in the company of the donor or the donor's authorized agent. The
provision of recreation, food and beverage in any other manner constitutes a
gift.
(d) Honoraria. For the purposes of K.S.A. 1991 Supp. 46-237(f)
"honoraria" means any amount paid to a state officer or employee for giving a
speech when the primary reason the state officer or employee was invited to
give the speech was his or her position in state government. In determining the
primary reason, factors to be considered include:
(1) The importance of position in state government of the state
officer or employee. Thus, if a person is in a major policy making position, it
is likely that the acceptance of honoraria is prohibited;
(2) Whether the grantor of the honoraria has a special interest
concerning the duties of the state officer or employee; and
(3) Whether the speech deals with scientific or technical data
within the area of expertise of the state officer or employee's knowledge, as
opposed to whether the speech deals with aspects of the duties of the state
officer or employee.