46-239. Disclosure statements; state officers and employees accepting representation cases; legislators contracting to perform services for state agencies; state agencies contracting with legislators

46-239

Chapter 46.--LEGISLATURE
Article 2.--STATE GOVERNMENTAL ETHICS

      46-239.   Disclosure statements; state officers and employees acceptingrepresentation cases; legislators contracting to perform services for stateagencies; state agencies contracting with legislators or legislators' firms,reports by; time and procedure for filing statements; information required;termination statement; failure to file true statement, class B misdemeanor.(a) No state officer or employee shall acceptemployment in anyrepresentation case, unless such officer or employee has properly filed thedisclosure statement prescribed by this section.

      (b)   Any state officer or employee who is employed in any representationcase shall, not later than 10 days after the acceptance ofemploymentfor such case or on the first appearance before the state agency involved(whichever occurs first), file on a form prescribed and provided by thecommission a disclosure statement as provided in this section.

      (c)   Anyindividual, within one year after theexpirationof a term as a legislator, who contracts to perform any service for a stateagency other than the legislature, shall not later than 10days afterthe acceptance of such contract, file a disclosure statement as provided inthis section.Any agencyof the state of Kansas which enters into a contract with any legislator, or anymember of a firm of which such legislator is a member, under which thelegislator or the member of such firm is to perform services for such agencyfor compensation shall make a report ona form prescribed and provided by thecommission giving the name of the state agency, the purpose of the employmentand the method of determining and computing the compensation for suchemployment. All such forms shall be filed quarterly in the office of thesecretary ofstate.

      (d)   The disclosure statement required by this section shall befiledwith the secretary of state in all cases. Any individual who files astatement may file an amended statement (or, if permitted by the secretaryof state, amend the original filing) at any time after the statement isoriginally filed. Copies of each such statement shall forthwith upon filingbe transmitted by the secretary of state to (1) in the case of members ofthe house of representatives, the chief clerk of the house ofrepresentatives, or (2) in the case of senators, the secretary of thesenate. In addition to the foregoing, a copy of every disclosure statementshall be transmitted by the secretary of state to the state agencyinvolved, if the state agency is other than a part of the legislativebranch.

      (e)   The disclosure statement provided for by this section shallbesigned by the person making the same and shall state (1) the name of theemployer, (2) the purpose of the employment and (3) the method ofdetermining and computing the compensation for the employment in therepresentation case.

      (f)   Any person who is employed in a representation case and whoisrequired to file a disclosure statement pursuant to this section may file,upon termination of such person's employment in such representation case, atermination statement with the secretary of state. Such statement shall beon a form prescribed and provided by the commission and shall state (1) thename of the employer, (2) the state agency involved in the case, and (3)the date of the termination of employment. The secretary of state shalltransmit a copy of such statement to the state agency involved.

      (g)   Failure to file a true disclosure statement is intentionally(1)failing to file a disclosure statement when and where required by thissection, or

      (2)   filing a disclosure statement under this section which contains anymaterial misrepresentation or false or fraudulent statement.

      Failure to file a true disclosure statement is a class B misdemeanor.

      History:   L. 1974, ch. 353, § 25; L. 1975, ch. 272, § 8;L. 1991, ch. 150, § 27; July 1.