Printable Format46-237a. Gifts or meals solicited or accepted by certain state officers, employees and members of boards and commissions, exceptions; 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 state government; and
(5) all members of boards, commissions and authorities of the executive branch of state government.
(b) No person subject to the provisions of this section shall solicit or accept any gift, economic opportunity, loan, gratuity, special discount or service provided because of such person's official position, except:
(1) A gift having an aggregate value of less than $40 given at a ceremony or public function where the person is accepting the gift in such person's official capacity;
(2) gifts from relatives or gifts from personal friends when it is obvious to the person that the gift is not being given because of the person's official position;
(3) anything of value received by the person on behalf of the state that inures to the benefit of the state or that becomes the property of the state; or
(4) contributions solicited on behalf of a nonprofit organization that is exempt from taxation under section 501(c)(3) of the internal revenue code of 1986, as amended.
(c) No person subject to the provisions of this section shall solicit or accept free or special discount meals from a source outside of state government, except:
(1) Meals, the provision of which is motivated by a personal or family relationship or provided at events that are widely attended. An occasion is "widely attended" when it is obvious to the person accepting the meal that the reason for providing the meal is not a pretext for exclusive or nearly exclusive access to the person;
(2) meals provided at public events in which the person is attending in an official capacity;
(3) meals provided to a person subject to this act when it is obvious such meals 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 a meal;
(5) any meal, the value of which is $40 or less, not provided by a lobbyist registered pursuant to K.S.A. 46-265, and amendments thereto;
(6) meals provided to a person when the person's presence at the event or meeting at which the meal is provided serves a legitimate state purpose or interest and the agency of which such person is an officer or employee authorizes such person's attendance at such event or meeting;
(7) meals provided to the governor's spouse and members of the governor's immediate family at the event or meeting at which the meal is provided serve a legitimate state purpose or interest; and
(8) any meal, if provided by a lobbyist registered pursuant to K.S.A. 46-265, and amendments thereto, and the lobbyist reports providing the meal as required pursuant to K.S.A. 46-269, and amendments thereto, except when a particular course of official action is to be followed as a condition of accepting the meal.
(d) No person subject to the provisions of this section shall solicit or accept free or special discount travel or related expenses from a source outside state government, except:
(1) When it is obvious to the person accepting the same that the free or special discount travel and related expenses are not being provided because of the person's official position; or
(2) when the person's presence at a meeting, seminar or event serves a legitimate state purpose or interest and the person's agency authorizes or would authorize payment for such travel and expenses.
(e) (1) Except as provided by paragraph (2), no person subject to the provisions of this section shall solicit or accept free or special discount tickets or access to entertainment or sporting events or activities such as plays, concerts, games, golf, exclusive swimming, hunting or fishing or other recreational activities, except:
(A) If it is obvious to the person accepting such free or special discount tickets or access that the free or special discount tickets or access are not being provided because of such person's official position; or
(B) if the person's presence at such event or activity serves a legitimate state purpose or interest and such person's agency authorizes or would authorize payment for such travel and expenses.
(2) The provisions of paragraph (1) shall not apply to persons whose official position requires or obliges them to be present at such events or activities.
(f) (1) Violations of the provisions of this section by any classified employee in the civil service of the state of Kansas shall be considered personal conduct detrimental to the state service and shall be a basis for suspension, demotion or dismissal, subject to applicable state law.
(2) Violations of the provisions of this section by any unclassified employee shall subject such employee to discipline up to and including termination.
(3) In addition to the penalty prescribed under paragraphs (1) and (2), the commission may assess a civil fine, after proper notice and an opportunity to be heard, against any person for a violation of this section, in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation and not to exceed $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the governmental ethics fee fund established by K.S.A. 25-4119e, and amendments thereto.
(4) Receiving a meal provided by a lobbyist who is not registered pursuant to K.S.A. 46-265, and amendments thereto, or who fails to report providing the meal as required pursuant to K.S.A. 46-269, and amendments thereto, or as required by subsection (c)(8), shall not be considered a violation of this section, unless the recipient knew the lobbyist was not registered or requested that the lobbyist not report the meal.
History: L. 1997, ch. 155, § 4; L. 2000, ch. 124, § 2; L. 2001, ch. 5, § 151; L. 2007, ch. 121, § 1; L. 2018, ch. 51, § 4; L. 2025, ch. 72, § 2; July 1.
Cross References to Related Sections:
Title to gift shotgun, accepted on behalf of Kansas, transferred to former governor, see 75-139.
Governmental Ethics Commission Opinions:
Gifts, food, discounts, travel; prohibition and exceptions. 97-20.
Gifts, food and snacks, travel, discounts, compensation; acceptance from another governmental agency; application to local governmental employees. 97-21.
Solicitation or acceptance of gifts; speaking engagements and meetings; volunteers; service on boards and committees. 97-22.
Gifts of sample products, meals, items given for the making of speeches; personal friendships. 97-23.
Acceptance of free meals and golf. 97-24.
Law enforcement officers; acceptance of free or discounted meals. 97-25.
Acceptance of door prizes and free tickets to sporting events. 97-26.
"Thank you" and "holiday and special occasion" gifts; luncheons with personal friends. 97-38.
State employees; acceptance of reimbursement for mileage, lodging and meals. 97-40.
Application of limitations and prohibitions prescribed by K.S.A. 46-237 and 46-237a distinguished. 97-43.
Acceptance of free meal by state employees; "widely attended" event. 97-46.
Acceptance of gifts on behalf of the state; cab fare and meals. 97-47.
State officer or employee; acceptance of items of value from an organization whose programs the officer or employee participates in or of which the officer or employee is a member. 98-9.
Secretary or director of state department; acceptance of travel expenses from another state. 1998-26.
Department of corrections personnel; solicitation of donations for employee wellness programs; acceptance of discounts from department store. 1999-2.
Classified state employee; soliciting donations from private industries to pay portion of cost of training course not paid by state agency. 1999-12.
Solicitation of donations by state employees for employee wellness committees. 1999-16.
State agency hosting conference attended by officers and employees of this and other states; vendor exhibit booths and hospitality rooms; agency hosting reception and providing food and beverages and door prizes; acceptance or solicitation by state employees. 1999-17.
Unclassified state employee and wife; acceptance of shares of stock from long-time personal friends. 1999-19.
Unclassified state employee; attendance at national conference of state officers and employees for which corporate donations solicited and accepted. 1999-21.
Acceptance of meal by member of state board; prohibited under circumstances. 1999-27.
Board member at conference attending dinner not paid for by registration fees; when permitted. 1999-38.
Acceptance of unsolicited gift by state employee; prohibitions against. 1999-43.
Charity sponsoring conference; ability of state officials and employees to accept travel, lodging and meals (modified by 2000-33). 2000-01.
State employee may accept gift of Christmas poinsettia on behalf of the agency. 2000-05.
State agency sponsoring conference may offer free registration to governor, governor's cabinet and legislators. 2000-06.
Ability of state employees to attend conference at expense of sponsor. 2000-10.
Painting valued in excess of $40 may be given to state senator under circumstances given. 2000-12.
Acceptance by state employees at conference of items received in registration packet and handed out by vendors. 2000-14.
State employee may attend conference at sponsor's expense; employee's presence serves legitimate state purpose. 2000-17.
State employee may attend conference at sponsor's expense since invitation is based on employee's membership in private organization. 2000-18.
Modification of 2000-01; classified state employee may accept all expenses associated with conference from private organization if employee's presence serves legitimate state purpose. 2000-33.
State employee may not accept meal or gift under $40 when eating with and speaking to small group of employees; meeting not considered a public event; application to the prospective only. 2000-34.
DOT employee speaking at conference may accept waiver of registration fee. 2000-39.
State employee may not accept free meals not a part of official conference. 2000-40.
Free travel costs to and registration fees for conference. 2000-44.
Solicitation of vendors for conference. 2000-45.
Hospitality tent at Kansas speedway for economic development. 2001-02.
Interpretation of term "reception," distinguished from buffet and meal. 2001-04.
State employee may accept expense money and honoraria for teaching course not a part of employee's official duties. 2001-05.
State employee may accept travel costs to conference which serves state purpose but for which no state funds are available to pay such costs. 2001-06.
State employee may accept gift or discount available to all state employees. 2004-01.
Employees of one state agency may not accept free checking accounts offered by local bank. 2004-07.
State employees may not accept gifts of palm pilots from agency of federal government; may be accepted as property of state. 2004-23.
Presidency of Kansas correctional association not state office; may accept gifts and meals in capacity as president. 2007-02.
When state employee or state agency must pay for meal. 2007-06.
Meals provided in lobbying executive branch employees should be included in unitemized total for food and beverage. 2007-10.
State's wellness program reward may be accepted by employees of legislative and executive branch. 2007-13.
Lunch valued more than $25 may be provided if state employee receives agency authorization; lunch may be provided to state employees if value does not exceed $25; executive branch state employees are prohibited from accepting gifts unless permitted by K.S.A. 46-237a(b) exception. 2008-03.
Season football tickets received by state agency cannot be sold by the agency, nor can the agency conduct an agency employee only drawing for the tickets. 2009-11.
Department of corrections employees may assist in the solicitation of donations for a nonprofit corporation recognized under 501(c)(3) whose purpose is to fund or provide faith-based rehabilitation programs for inmates. 2011-8-A.
Kansas lottery employees may sign up for a casino's "players' club." 2012-2.
Accumulating loyalty points with purchases made on behalf of the state is an economic opportunity within the definition of K.S.A. 46-237a. 2013-06.
A state agency giving a state employee a radon remediation system as part of a training exercise is an economic benefit, and must be considered part of the employee's total compensation. 2014-01.
An employee of a state agency may receive a gift on behalf of a child in custody of the state because the gift inures to the benefit of the state. 2014-02.
Board of cosmetology may accept gifted treadmill on behalf of the state. 2017-02.
Governor's office may solicit and accept financial donations for the governor's weight loss challenge. 2017-03.
Fundraiser for state employee's spouse does not violate governmental ethics law. 2017-04.
Public charity may underwrite the costs for state employees to travel to and attend a training academy if such employees' agency determines it serves a legitimate state purpose and would otherwise pay such costs. 2017-05.
Teachers employed by the Kansas schools for the deaf and the blind may not accept gifts of Garmin vivofit devices. 2018-03.
Employee's acceptance of donor's offer to defray costs of personal trip to Africa is not a violation. 2018-05.
Attorney General's Opinions:
Judicial council employee is employee of judicial branch and therefore is not a "state officer or employee" for purposes of governmental ethics law; modifies opinion 2002-3. 2002-20.