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chapter-46•Chapter 46 — Legislature
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: L. 1861, ch. 17, § 1; G.S. 1868, ch. 57, § 1; R.S. 1923, 46-101; Repealed, L. 1975, ch. 267, § 1; March 3.
History: L. 1861, ch. 17, §§ 2 to 7; G.S. 1868, ch. 57, §§ 2 to 7; R.S. 1923, 46-102 to 46-107; Repealed, L. 1975, ch. 267, § 1; March 3.
Revisor's Note: Later act, see 46-1001 et seq.
History: L. 1891, ch. 132, § 1; R.S. 1923, 46-108; Repealed, L. 1970, ch. 201, § 21; March 26.
History: L. 1891, ch. 132, §§ 2, 3; R.S. 1923, 46-109, 46-110; Repealed, L. 1970, ch. 201, § 21; March 26.
Revisor's Note: Later act, see 46-904.
History: L. 1909, ch. 161, § 1; R.S. 1923, 46-111; L. 1969, ch. 250, § 1; Repealed, L. 1970, ch. 200, § 12; March 26.
Revisor's Note: Later act, see 46-904 et seq.
History: L. 1909, ch. 161, §§ 2 to 5; R.S. 1923, 46-112 to 46-115; Repealed, L. 1970, ch. 200, § 12; March 26.
History: L. 1909, ch. 161, § 6; R.S. 1923, 46-116; L. 1935, ch. 203, § 1; Repealed, L. 1970, ch. 200, § 12; March 26.
Revisor's Note: Later act, see 46-904 et seq.
History: L. 1909, ch. 161, § 7; R.S. 1923, 46-117; L. 1941, ch. 266, § 1; Repealed, L. 1969, ch. 251, § 10; January 21.
Revisor's Note: Later act, see 46-904 et seq.
History: L. 1941, ch. 266, § 3; Repealed, L. 1969, ch. 251, § 10; January 21.
History: L. 1909, ch. 162, §§ 1 to 5; R.S. 1923, 46-118 to 46-122; Repealed, L. 1975, ch. 276, § 2; February 3.
Revisor's Note: Later act, see 45-301.
History: L. 1876, ch. 132, § 15; R.S. 1923, 46-123; Repealed, L. 1969, ch. 251, § 10; January 21.
History: G.S. 1868, ch. 102, § 18; R.S. 1923, 46-124; Repealed, L. 1975, ch. 276, § 2; February 3.
That from and after the fifteenth day preceding the day on which any regular or special session of the legislature of this state shall convene, and until the tenth day after adjournment is taken sine die, members of the legislature of this state shall not be required to appear in any court in this state and participate in the trial of any action therein pending, or the hearing of any motion, application or other proceeding in which such member is employed as attorney or interested as a party; and no such member shall be required to attend the taking of any depositions in any action pending in any court in this state in which he is employed during the whole of said period of time, except in cases where the court shall, in its discretion, make an order authorizing the taking of such deposition.
History: L. 1915, ch. 86, § 1; R.S. 1923, 46-125; L. 1927, ch. 233, § 1; March 11.
That any member of the legislature who may have a case pending in any court in this state, may have the same continued until the legislature shall adjourn sine die in the manner hereafter provided for.
History: L. 1915, ch. 86, § 2; January 28; R.S. 1923, 46-126.
That all judges of the courts of this state shall take judicial notice of the personnel of the legislature, and it shall be the duty of said judge to continue the trial of any cause in which any member of the legislature appears as attorney of record or party, so that said cause shall not be tried and no motion, application or other proceedings shall be taken or heard or judgment rendered therein during a period beginning fifteen days before the legislature convenes and until the expiration of ten days after the legislature shall have adjourned sine die, unless such privilege is waived in open court or in writing by such member.
History: L. 1915, ch. 86, § 3; R.S. 1923, 46-127; L. 1927, ch. 233, § 2; March 11.
Any judgment obtained in any cause tried contrary to the provisions of this act, and every order made by any court contrary to the provisions of this act, shall be null and void.
History: L. 1927, ch. 233, § 3; March 11.
Any deposition taken during the time mentioned and referred to in K.S.A. 46-125, without leave of court shall not be read in evidence on behalf of the party taking the same without the consent of any such attorney: Provided, That the judge shall have full discretionary power to prevent any abuse of the privileges herein granted.
History: L. 1915, ch. 86, § 4; January 28; R.S. 1923, 46-128.
History: L. 1891, ch. 181, § 13; R.S. 1923, 46-129; Repealed, L. 1963, ch. 283, § 3; January 23.
History: L. 1891, ch. 181, § 14; R.S. 1923, 46-130; L. 1925, ch. 193, § 1; Repealed, L. 1945, ch. 222, § 2; January 18.
History: L. 1891, ch. 181, § 15; R.S. 1923, 46-131; Repealed, L. 1969, ch. 251, § 10; January 21.
History: L. 1941, ch. 270, § 1; Repealed, L. 1945, ch. 222, § 2; January 18.
History: L. 1945, ch. 222, § 1; L. 1949, ch. 290, § 1; L. 1953, ch. 251, § 1; L. 1955, ch. 254, § 1; Repealed, L. 1961, ch. 250, § 2; January 25.
History: L. 1961, ch. 250, § 1; Repealed, L. 1967, ch. 286, § 2; January 10.
Revisor's Note: Later act, see 46-150 et seq.
History: L. 1967, ch. 286, § 1; Repealed, L. 1969, ch. 251, § 10; January 21.
History: L. 1931, ch. 220, § 1; L. 1951, ch. 309, § 1; Repealed, L. 1975, ch. 268, § 1; April 11.
History: L. 1933, ch. 210, §§ 1, 2; Repealed, L. 1970, ch. 201, § 21; March 26.
The committee on ways and means of the senate and the committee on appropriations of the house of representatives of the legislature of the state of Kansas shall be continuing committees of the legislature during the terms for which the members are appointed and shall hold meetings as may be necessary until the convening of the next regular session of the legislature. In the event of a vacancy on the senate committee on ways and means, a successor shall be appointed as members of senate committees are appointed, and in the event of a vacancy on the house committee on appropriations the speaker of the house shall appoint a successor.
At any time following the adjournment of the legislature in each odd-numbered year and until the convening of the ensuing session of the legislature in even-numbered years each such committee or subcommittees thereof may, on call of the chairperson, meet and visit the various institutions for the purpose of acquiring information concerning the conditions, needs, and requirements of such institutions.
Any member of such committees or subcommittees attending a meeting authorized by this section, shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212 and amendments thereto.
All vouchers of any member of each committee and all expense vouchers shall be approved by the chairperson or vice-chairperson thereof. Compensation, allowances and expenses authorized under this section shall be paid from funds specifically appropriated for such purpose or, in the absence of such specific appropriation, from funds appropriated for legislative expense.
History: L. 1955, ch. 257, § 1; L. 1961, ch. 251, § 1; L. 1963, ch. 281, § 1; L. 1968, ch. 208, § 7; L. 1969, ch. 250, § 5; L. 1973, ch. 157, § 3; L. 1979, ch. 163, § 1; L. 1987, ch. 196, § 1; February 19.
History: L. 1949, ch. 293, § 1; L. 1963, ch. 283, § 1; L. 1967, ch. 287, § 1; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
History: L. 1963, ch. 283, § 2; Repealed, L. 1973, ch. 211, § 16; April 16.
History: L. 1955, ch. 256, § 1; Repealed, L. 1963, ch. 283, § 3; January 23.
History: L. 1963, ch. 282, § 1; Repealed, L. 1973, ch. 211, § 16; April 16.
In addition to the compensation provided for by K.S.A.
46-137b,
46-137e
and
75-3212, and amendments thereto, each member of the legislature shall receive the following amounts:
(a) The sum of $88.66 per calendar day for service at any regular or special session, except as otherwise provided in subsection (e);
(b) the sum of $109 per calendar day for subsistence allowance for any regular or special session of the legislature, except that if the amounts allowable for the capital city of Kansas under applicable federal law and regulations to employees of the executive branch of the federal government for per diem expenses, while away from home but serving in the United States, are amounts which total greater than $109, then each member of the legislature shall receive such greater total amount per calendar day for subsistence allowance for any regular or special session of the legislature;
(c) an allowance of $354.15 for the two-week period which coincides with the biweekly payroll period which includes April 1st and for each of the 19 ensuing two-week periods thereafter, to defray expenses incurred between sessions of the legislature for postage, telephone, office and other incidental expenses, except as otherwise provided in subsection (f);
(d) an allowance for mileage in an amount equal to the rate per mile prescribed under the provisions of K.S.A.
75-3203a, and amendments thereto, multiplied by the number of miles traveled by the usual route in going to and returning from the member's place of residence for any regular or special session of the legislature. Such mileage allowances shall be paid for not to exceed the equivalent of one trip for each full week occurring between convening and adjournment sine die in any regular or special session. The mileage allowance provided under the provisions of this subsection shall not be subject to the restrictions relating to the use of vehicles prescribed by K.S.A.
75-3203
and
75-3203a, and amendments thereto, but shall only be allowed for trips actually made. Compensation and subsistence allowance shall not be allowed under the provisions of subsections (a) and (b) of this section during any period in which the legislature is adjourned for more than two days, Sundays excepted; and
(e) whenever the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act are increased for payroll periods chargeable to fiscal years commencing after June 30, 2009, the rate of compensation per calendar day for members of the legislature for service at any regular or special session of the legislature shall be increased on the effective date of any such pay plan increase by an amount computed by multiplying the average of the percentage increases in all steps of such pay plan by the rate of compensation per calendar day which is authorized by this section for service at any regular or special session of the legislature for the day upon which such increase is computed.
(f) Whenever the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act are increased for payroll periods chargeable to fiscal years commencing after June 30, 2009, the allowance provided for each member of the legislature by subsection (c) to defray expenses incurred between sessions of the legislature for postage, telephone, office and other incidental expenses for each of the two-week periods specified by subsection (c) shall be increased on the effective date of any such pay plan increase by an amount computed by multiplying the average of the percentage increases in all steps of such pay plan by the allowance provided to defray such expenses for each such two-week period as provided by this section.
History: L. 1972, ch. 153, § 51; L. 1974, ch. 384, § 3; L. 1974, ch. 361, § 61; L. 1975, ch. 269, § 2; L. 1978, ch. 350, § 2; L. 1979, ch. 285, § 5; L. 1985, ch. 278, § 13; L. 1987, ch. 197, § 1; L. 1992, ch. 296, § 11; L. 1995, ch. 256, § 11; L. 1998, ch. 196, § 3; L. 2008, ch. 159, § 13; June 15.
(a) In addition to the compensation provided for by K.S.A.
46-137a
and
75-3212, and amendments thereto, and any other statute, and except as otherwise provided by subsection (b):
(1) The president of the senate and the speaker of the house of representatives shall each receive an allowance at a biweekly pay rate of $539.97 during their terms of office as speaker and president, which compensation shall be for additional services performed in connection with discharging the duties assigned to the respective positions;
(2) the speaker pro tem of the house of representatives, the vice president of the senate, the assistant majority leaders of the senate and house of representatives and the assistant minority leaders of the senate and house of representatives shall each receive an allowance at a biweekly pay rate of $275.59 during their respective terms of office which compensation shall be for additional services performed in connection with discharging the duties assigned to the respective positions;
(3) the chairperson of the senate committee on ways and means and the chairperson of the house committee on appropriations shall each receive an allowance at a biweekly pay rate of $434.23 during their respective terms of office, which compensation shall be for additional services performed in connection with discharging the duties assigned to the respective positions; and
(4) the majority and minority leaders of the senate and the house of representatives shall each receive an allowance at a biweekly pay rate of $487.14 during their respective terms of office, which compensation shall be for additional services performed in connection with discharging the duties assigned to the respective positions.
(b) Whenever the rates of compensation of the pay plan for persons in the classified service under the Kansas civil service act are increased for payroll periods chargeable to fiscal years commencing after June 30, 2009, the biweekly pay rate of officers of the legislature specified in subsection (a) shall be increased on the effective date of any such pay plan increase by an amount computed by multiplying the average of the percentage increases in all steps of such pay plan by the biweekly pay rate of such officers which is being received as provided by law and which is in effect prior to the effective date of such pay plan increase.
History: L. 1972, ch. 153, § 52; L. 1973, ch. 157, § 4; L. 1974, ch. 361, § 62; L. 1985, ch. 278, § 14; L. 1987, ch. 196, § 2; L. 1987, ch. 197, § 2; L. 1992, ch. 296, § 12; L. 1995, ch. 256, § 12; L. 1998, ch. 196, § 4; L. 2008, ch. 159, § 14; June 15.
Expenditures to carry out K.S.A. 46-137a and 46-137b shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairman or vice-chairman of the legislative coordinating council. Allowances under subsection (c) of K.S.A. 46-137a or any amendments thereto and compensation under K.S.A. 46-137b or any amendments thereto shall be payable on the first day of the month following the month for which the allowance or compensation is due.
History: L. 1973, ch. 211, § 11; L. 1975, ch. 269, § 3; July 1.
Nothing in K.S.A. 46-137a, 46-137b, 46-137e and K.S.A. 75-3212 and amendments thereto, shall be deemed to prevent payment after January 12, 1981, of compensation and allowances to any member of the legislature for services rendered or incurred prior to such date, at the rates then applicable thereto, as a member of a legislative committee or as an officer or member of any council, commission, authority, board or any other agency or instrumentality of the state. Whenever in the statutes of this state there is provision for any person to receive compensation or expenses as provided in K.S.A. 75-3212 and amendments thereto, or words of like effect, such compensation or expenses, or both, shall be received by such persons at the rates and in the amounts provided in K.S.A. 75-3212 and amendments thereto.
History: L. 1973, ch. 211, § 12; L. 1975, ch. 269, § 4; L. 1979, ch. 285, § 6; January 12, 1981.
(a) The officers specified in K.S.A. 46-137b and amendments thereto shall, in addition to all other compensation and expense allowances authorized by law, receive compensation at the rate specified in clause (a) of K.S.A. 75-3212 and subsistence allowances at the rates specified in clauses (b) and (c) of K.S.A. 75-3212, for each day (or part thereof) in the performance of the duties of their respective offices in Topeka and in addition thereto the mileage allowance specified in clause (d) of said K.S.A. 75-3212.
(b) When authorized by the legislative coordinating council to attend to any legislative business in Topeka when the legislature is not in session, members of the legislature not specified in subsection (a) of this section shall, in addition to all other compensation and expenses authorized by law, receive compensation, subsistence and mileage allowances in the amounts specified in K.S.A. 75-3212.
(c) No compensation or subsistence or mileage allowances shall be paid under this section for any day that a member is entitled to receive compensation under K.S.A. 46-137a or K.S.A. 75-3212.
History: L. 1973, ch. 211, § 15; L. 1975, ch. 269, § 5; July 1.
History: L. 1967, ch. 289, § 1; L. 1968, ch. 238, § 1; L. 1969, ch. 250, § 2; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1967, ch. 289, § 2; L. 1968, ch. 238, § 2; L. 1969, ch. 251, § 7; L. 1970, ch. 201, § 17; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1967, ch. 289, § 3; L. 1968, ch. 238, § 3; L. 1969, ch. 251, § 8; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1967, ch. 289, § 4; L. 1970, ch. 201, § 18; Repealed, L. 1971, ch. 184, § 42; May 1.
(a) Persons elected to the house of representatives in 1976 for terms to commence in 1977, shall meet at the state capitol in Topeka on the first Monday in December in 1976, and such members-elect shall convene at 10 o'clock a.m. in the house of representatives. The secretary of state or an assistant or deputy assistant designated by the secretary of state shall call the meeting to order, and shall call the roll of the members-elect from the list certified by the state board of canvassers as provided in K.S.A. 25-3206 et seq. and shall thereupon appoint one of the members-elect to be temporary chairperson of the meeting. Upon adjournment, on the same day, the members-elect of the majority and minority parties of the house of representatives shall caucus and nominate, respectively, their candidates for speaker and speaker pro tem of the house of representatives for the next ensuing biennium, and select, respectively, their majority leader, minority leader, and other caucus or party officers. Such bodies of members-elect may determine such other matters as their parties shall deem necessary and proper and as will aid the legislature in organizing and performing its functions as soon as possible after the legislature is convened. In each even-numbered year thereafter, the members-elect of the house of representatives shall meet and caucus in the same manner and take such actions as hereinbefore indicated.
(b) Persons elected to the senate in 1976 for terms to commence in 1977 shall meet at the state capitol in Topeka on the first Monday in December in 1976, and such members-elect shall convene at 10 o'clock a.m. in the senate chamber. The secretary of state or an assistant or deputy assistant designated by the secretary of state shall call the meeting to order, and shall call the roll of the members-elect from the list certified by the state board of canvassers and shall thereupon appoint one of the members-elect to be temporary chairperson of the meeting. Upon adjournment, on the same day, the members-elect of the majority and minority parties of the senate shall caucus and nominate their candidates, respectively, for president and vice-president of the senate for the next ensuing four years and select, respectively, their majority leader, minority leader, and other caucus or party officers. Such bodies of members-elect may determine such other matters as their parties shall deem necessary and proper and as will aid the legislature in organizing and performing its functions as soon as possible after the legislature is convened. In each fourth year after 1976, the members-elect of the senate shall meet and caucus in the same manner and take such actions as hereinbefore indicated.
(c) The secretary of state, or an assistant or deputy assistant designated by the secretary of state, shall serve as temporary chairperson of the house of representatives from the moment of convening of the house of representatives until the speaker of the house of representatives has been duly elected and has taken his or her oath of office. The election of the speaker shall be the first order of business following the administration of oaths to the members.
(d) The secretary of state, or an assistant or deputy assistant designated by the secretary of state, shall serve as temporary chairperson of the senate from the moment of convening of the senate until the president of the senate has been duly elected and has taken his or her oath of office. The election of the president shall be the first order of business following the administration of oaths to the senators.
History: L. 1968, ch. 169, § 1; L. 1975, ch. 270, § 1; July 1.
When the secretary of state transmits the certificate of election to each of the members-elect to the legislature, there shall be enclosed therewith a notice of the preorganizational session. No candidate involved in an election contest shall be notified of any such meeting, nor shall any such candidate be eligible to attend.
History: L. 1968, ch. 169, § 2; L. 1975, ch. 270, § 2; July 1.
The members-elect who attend the preorganizational meeting shall receive compensation for their services and reimbursement for their expenses at the same rates as are provided by law for attendance at sessions of the legislature. Such compensation and expenses shall be paid from appropriations for expenses of the legislature.
History: L. 1968, ch. 169, § 3; L. 1973, ch. 211, § 10; L. 1975, ch. 270, § 3; July 1.
The candidate for speaker of the house and the candidate for the president of the senate nominated at the caucuses of the majority parties in the respective houses as provided for in K.S.A. 46-142, and the majority and minority leaders selected at such caucuses shall thereafter until the succeeding legislature shall convene be authorized to establish offices in the house of representatives and in the senate, as the case may be, and proceed with all necessary tasks involving the organization and preparation of the legislature for business. These candidates for president of the senate and speaker of the house and majority and minority leaders, respectively, shall receive compensation and expenses for performance of duties referred to in this section at rates and in amounts provided for attendance at meetings of study committees.
History: L. 1968, ch. 169, § 4; L. 1973, ch. 157, § 5; L. 1975, ch. 270, § 4; July 1.
History: L. 1968, ch. 169, § 5; Repealed, L. 1969, ch. 25, § 10; January 21.
Orientation meetings for members-elect of the legislature shall be provided on the day or days following the preorganizational meeting provided for in K.S.A. 46-142, as determined by the legislative coordinating council. The candidates of the majority parties for speaker of the house and president of the senate and the majority and minority leaders of each house may call any members-elect to confer in Topeka concerning organization and activities of the ensuing legislative session at any time from the day following the preorganizational meeting until the convening of the next following regular session of the legislature. Members-elect attending orientation meetings or leadership conferences as provided in this section shall receive compensation, expenses and allowances as provided by law for attendance by members of the legislature at authorized meetings under K.S.A. 75-3212 and acts amendatory thereof or supplemental thereto.
History: L. 1975, ch. 270, § 7; July 1.
Revisor's Note: Later act, see 46-1203.
History: L. 1969, ch. 251, § 1; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1969, ch. 251, § 2; L. 1970, ch. 201, § 19; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1969, ch. 251, § 3; Repealed, L. 1971, ch. 184, § 42; May 1.
The senate and the house of representatives, or either thereof, are each authorized to employ such officers and employees as may be necessary or appropriate. All such officers and employees shall receive compensation fixed by the legislative coordinating council, and the same shall not be subject to approval under any other act. All such officers and employees shall be in the unclassified service of the Kansas civil service act. The director of legislative administrative services shall prepare and maintain payrolls and personnel records for such officers and employees.
History: L. 1969, ch. 251, § 4; L. 1971, ch. 184, § 23; L. 1975, ch. 271, § 2; February 3.
History: L. 1969, ch. 251, § 5; Repealed, L. 1971, ch. 184, § 42; L. 1971, ch. 183, § 1; April 19.
(a) Except as may otherwise be provided by law, the director of legislative administrative services shall prepare vouchers for expenses and allowances and payrolls for members of the legislature, except for service as a member of the Kansas commission on interstate cooperation, the advisory committee to the Kansas commission on interstate cooperation, the legislative post-audit committee or the Kansas judicial council.
(b) The payroll of employees of the legislature paid from appropriations for legislative expense shall be approved by the revisor of statutes as to all such employees who work under the revisor's direction, by the secretary of state as to all such employees who work under the secretary of state's direction, by the state librarian as to all such employees who work under his or her direction and by the director of legislative administrative services as to all other such employees of the legislature.
(c) Employees of the legislature working under each of the officers specified in subsection (b) of this section shall be selected by each of such officers respectively, subject to the approval of the legislative coordinating council. Each senator's personal secretary shall be selected by such senator. The senate or the house of representatives may provide for employment of specific officers of their respective houses.
(d) The department of administration shall render to the director of legislative administrative services such assistance as may be needed in the preparation of payrolls.
History: L. 1969, ch. 251, § 6; L. 1971, ch. 184, § 25; L. 1975, ch. 271, § 3; L. 1977, ch. 187, § 2; July 1.
Expenditures of any amounts from appropriations for legislative expense shall be made only when vouchers therefor have been approved by either the president of the senate or the speaker of the house of representatives, in addition to any other approval required by law.
History: L. 1969, ch. 251, § 9; L. 1971, ch. 184, § 26; L. 1973, ch. 157, § 6; L. 1975, ch. 271, § 4; February 3.
History: L. 1973, ch. 157, § 25; Repealed, L. 1975, ch. 271, § 11; February 3.
Except as provided in K.S.A. 40-3405 and K.S.A. 75-4704b, no item of appropriation, or combination of items of appropriation for the same purpose, shall be for a period greater than one (1) ensuing fiscal year in addition to the current fiscal year, except that in the case of capital improvements an item of appropriation, or combination of items of appropriation for the purpose of completing construction of a project may be for any period not exceeding the three (3) ensuing fiscal years in addition to the current fiscal year.
History: L. 1975, ch. 7, § 1; L. 1976, ch. 231, § 20; L. 1976, ch. 230, § 1; July 1.
The regular terms of state representatives and senators shall commence on the second Monday of January of the year following election. Representatives shall be elected for two year terms. Senators shall be elected for four year terms.
History: G.S. 1868, ch. 36, § 61; R.S. 1923, 25-316; L. 1975, ch. 205, § 1; July 1.
The senate and the house of representatives shall convene in regular session of the legislature annually at 2:00 o'clock p.m. of the second Monday of January.
History: L. 1975, ch. 205, § 2; July 1.
Legislative pages shall receive remuneration having a value of not less than $5 per day. The director of legislative administrative services shall implement the provisions of this section. Any amount of remuneration having a value of more than $5 shall require approval by the legislative coordinating council.
History: L. 1979, ch. 285, § 4; L. 2012, ch. 5, § 1; March 8.
When a member of the legislature is or has been absent or on leave from such member's employment on or after January 1, 1977, due to attendance at a regular or special session of the legislature or at a legislative committee or subcommittee meeting authorized by law or by the legislative coordinating council, the period of time the member is so absent or on leave shall be treated by the member's employer as a period of continuous employment for which the member shall receive full credit as service for the purpose of any pension, retirement or retired pay, annuity or other similar periodic payment plan based on the member's service in employment.
History: L. 1980, ch. 151, § 1; April 26.
Any member of the senate or house of representatives resigning from such office shall file a written notice of such resignation in the office of the secretary of state. Such notice of resignation shall state the effective date of the resignation. Upon receiving such notice of resignation, the secretary of state shall notify the governor and the president of the senate if the person is a member of the senate or the speaker of the house of representatives if the person is a member of the house of representatives. The secretary of state shall notify the county chairperson of the political party required to call the convention for the selection of a person to be appointed to fill the vacancy occasioned by such resignation as required by K.S.A. 25-3902, and amendments thereto. The secretary of state shall notify the chairperson of the political party of each county, all or part of which, is located within the district of the officer resigning from office.
History: L. 1983, ch. 119, § 1; L. 1990, ch. 130, § 10; L. 1999, ch. 64, § 3; July 1.
Members of the legislature attending a meeting called to fill a vacancy as provided by rules of the senate or rules of the house of representatives, or attending a meeting of the senate called for whatever reason by the president or attending a meeting of the house of representatives called for whatever reason by the speaker shall receive compensation, expense allowances and mileage as provided by K.S.A. 75-3212 and any amendments thereto.
History: L. 1974, ch. 214, § 1; L. 1976, ch. 234, § 1; April 13.
History: L. 1909, ch. 170, §§ 1 to 4; R.S. 1923, 46-201 to 46-204; Repealed, L. 1975, ch. 273, § 2; July 1.
History: L. 1909, ch. 170, § 5; R.S. 1923, 46-205; L. 1970, ch. 366, § 18; L. 1970, ch. 197, § 1; Repealed, L. 1975, ch. 273, § 2; July 1.
History: L. 1909, ch. 170, §§ 6 to 10; R.S. 1923, 46-206 to 46-210; Repealed, L. 1975, ch. 273, § 2; July 1.
History: L. 1965, ch. 328, § 1; Repealed, L. 1975, ch. 273, § 2; July 1.
History: L. 1965, ch. 328, § 2; L. 1968, ch. 349, § 1; Repealed, L. 1975, ch. 273, § 2; July 1.
History: L. 1965, ch. 328, § 3; Repealed, L. 1975, ch. 273, § 2; July 1.
Revisor's Note: Held unconstitutional on grounds that section too vague and indefinite to meet the due process requirements of the fourteenth amendment. Hiatt v. State, District Court of Shawnee County, Kansas, No. 115570, filed March 22, 1972.
History: L. 1970, ch. 366, § 21; Repealed, L. 1973, ch. 157, § 26; February 16.
K.S.A. 46-215 through 46-293 and K.S.A. 46-237a, and amendments thereto, shall be known and may be cited as the state governmental ethics law.
History: L. 1998, ch. 29, § 3; July 1.
As used in K.S.A. 46-215 to 46-280, inclusive, and any amendments thereto, and K.S.A. 46-248a, unless the context otherwise requires, the words and terms defined in K.S.A. 46-216 to 46-231, inclusive, and any amendments thereto, shall have the meanings therein ascribed thereto.
History: L. 1974, ch. 353, § 1; L. 1981, ch. 171, § 42; July 1.
"Compensation" means any money, thing of value, or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by such person or another.
History: L. 1974, ch. 353, § 2; March 28.
"Economic opportunity" means any purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services wherein a state officer or employee or candidate for state office may gain a personal economic benefit, but not including any gift.
History: L. 1974, ch. 353, § 3; March 28.
"Preceding calendar year" shall have its usual meaning, except that in the case of candidates and individuals newly appointed to state office or employment, it shall mean the twelve (12) months immediately preceding a required filing date.
History: L. 1974, ch. 353, § 4; March 28.
"Legislative matter" means any bill, resolution, nomination, or other issue or proposal pending before the legislature or any committee, subcommittee, or council thereof.
History: L. 1974, ch. 353, § 5; March 28.
"Legislator" means a member or member-elect of the legislature.
History: L. 1974, ch. 353, § 6; March 28.
(a) "State officer or employee" means (1) any individual who is an elected or appointed state officer, (2) any individual who is in the classified service or unclassified service of the Kansas civil service act, (3) all officers and employees of the legislative branch and of the governor's office, irrespective of how compensated or period of employment, and (4) any individual who receives monthly or semimonthly compensation for services from the state or any state agency. State officer or employee does not include any justice or commissioner of the supreme court or judge of the judicial branch or employee or officer of the judicial branch or any member of a board, council or commission who is appointed by the supreme court or who is elected or appointed to exercise duties pertaining to functions of the judicial branch, when such person is engaged in performing a function or duty for the judicial branch. Also, state officer or employee does not include any appointed member of an advisory council, commission or board, who serves without compensation other than amounts for expense allowances or reimbursement of expenses as provided for in subsection (e) of K.S.A. 75-3223 and amendments thereto, when such member is engaged in performing a function or duty for such council, commission or board.
(b) "Candidate" means an individual who: (1) Appoints a treasurer or a candidate committee; (2) makes a public announcement of intention to seek nomination or election to state office; (3) makes any expenditure or accepts any contribution for the purpose of influencing such person's nomination or election to any state office; or (4) files a declaration or petition to become a candidate for state office.
(c) "State officer elect" means an individual who has been elected to state office or appointed to fill a vacancy in a state office but who has not yet taken the oath of office.
History: L. 1974, ch. 353, § 7; L. 1975, ch. 272, § 1; L. 1978, ch. 332, § 29; L. 1995, ch. 172, § 1; July 1.
(a) "Lobbyist" means:
(1) Any person employed in considerable degree for lobbying;
(2) any person formally appointed as the primary representative of an organization or other person to lobby in person on state-owned or leased property;
(3) any person who makes expenditures in an aggregate amount of $1,000 or more, exclusive of personal travel and subsistence expenses, in any calendar year for lobbying; or
(4) any person hired as an independent contractor and compensated by an executive agency, as defined in K.S.A. 46-225, and amendments thereto, for the purpose of evaluation, management, consulting or acting as a liason for the executive agency and who engages in lobbying, except an attorney or law firm representing the executive agency in a legal matter.
(b) "Lobbyist" shall not include:
(1) Any state officer or employee engaged in carrying out the duties of their office;
(2) the employer of a lobbyist, if such lobbyist has registered the name and address of such employer under K.S.A. 46-265, and amendments thereto;
(3) any nonprofit organization which has qualified under 501(c)(3) of the internal revenue code of 1986, as amended, which is interstate in its operations and of which a primary purpose is the nonpartisan analysis, study or research of legislative procedures or practices and the dissemination of the results thereof to the public, irrespective of whether such organization may recommend a course of action as a result of such analysis, study or research;
(4) any justice or commissioner of the supreme court or judge of the judicial branch or employee or officer of the judicial branch or, any member of a board, council or commission who is appointed by the supreme court or who is elected or appointed to exercise duties pertaining to functions of the judicial branch, when such person is engaged in performing a function or duty for the judicial branch; or
(5) any appointed member of an advisory council, commission or board, who serves without compensation other than amounts for expense allowances or reimbursement of expenses as provided for in K.S.A. 75-3223(e), and amendments thereto, when such member is engaged in performing a function or duty for such council, commission or board.
History: L. 1974, ch. 353, § 8; L. 1975, ch. 272, § 2; L. 1991, ch. 150, § 23; L. 2015, ch. 85, § 12; L. 2018, ch. 51, § 1; July 1.
"Person" means an individual, proprietorship, partnership, limited partnership, association, trust, estate, business trust, group, or corporation, whether or not operated for profit, or a governmental agency unit, or subdivision.
History: L. 1974, ch. 353, § 9; March 28.
(a) "State agency" means the legislature, legislators, legislative committees and councils and all executive departments, institutions, offices, officers, commissions, boards and authorities of the state, but does not include municipalities and other political subdivisions.
(b) "Rules and regulations" means rules and regulations required by law to be filed with the secretary of state, and does not include rules adopted by the judicial branch or any court.
History: L. 1974, ch. 353, § 10; L. 1975, ch. 272, § 24; L. 1988, ch. 366, § 12; June 1.
(a) Except as otherwise provided, "lobbying" means:
(1) Promoting or opposing in any manner action or nonaction by the legislature on any legislative matter;
(2) promoting or opposing in any manner an action or nonaction by any executive agency on any executive administrative matter;
(3) promoting or opposing in any manner an action or nonaction by any judicial agency on any judicial administrative matter; or
(4) entertaining any state officer or employee or giving any gift, honorarium or payment to a state officer or employee in an aggregate value of $40 or more within any calendar year, if at any time during such year the person supplying the entertainment, gifts, honoraria or payments has a financial interest in any contract with, or action, proceeding or other matter before the state agency in which such state officer or employee serves, or if such person is the representative of a person having such a financial interest.
(c) "Lobbying" does not include any expenditure from amounts appropriated by the legislature for official hospitality.
(d) "Lobbying" does not include representation of a claimant on a claim filed by the claimant under K.S.A. 46-907 and 46-912 through 46-919, and amendments thereto, in proceedings before the joint committee on special claims against the state.
(e) "Lobbying" does not include bona fide personal or business entertaining.
(f) No legislator may be hired as a lobbyist to represent anyone before any state agency.
(g) "Lobbying" does not include:
(1) Written communications by an employee of a private business seeking a contract, agreement or lease with an executive agency or judicial agency solely for the purpose of describing goods or services to be provided or for preparing a bid, proposal or other document relating to a contract, agreement or lease, such as factual information, specifications, terms, conditions, timing or similar technical or commercial information or communications by an employee of a private business awarded a bid or contract for the purpose of carrying out ongoing negotiations following the award of the bid or contract;
(2) communications by an attorney representing a client involving ongoing legal work with respect to an executive administrative matter or judicial administrative matter, or an administrative proceeding or hearing and negotiations conducted by and with attorneys for executive agencies or judicial agencies, or interactions between parties in litigation or other contested matters, and testimony by a witness in an administrative hearing or communications to or by investigators or authorities in the course of any investigation;
(3) communications among and between members of the legislature or executive or judicial officials or employees;
(4) providing written information in response to a written request from an executive agency for technical advice or factual information regarding a standard, rate, rule or regulation, policy or procurement or from a judicial agency regarding a procurement;
(5) communications regarding a contract, lease or agreement of $5,000 or less;
(6) communications made by or on behalf of a private business for the purpose of securing a grant, loan or tax benefit pursuant to a Kansas economic development program for the purpose of locating, relocating or expanding a private business within or into Kansas; or
(7) communications made by officers or employees of a certified business or disabled veteran business, as defined in K.S.A. 75-3740, and amendments thereto.
(h) As used in this section, "executive administrative matter" means any rule and regulation, utility ratemaking decision, any agreement, contract, bid or bid process, or any procurement decision, including, but not limited to, any financial services agreement, software licensing, servicing or procurement agreement, any lease, grant, award, loan, bond issue, certificate, license, permit, administrative order or any other matter that is within the official jurisdiction or cognizance of the executive agency.
(i) As used in this section, "judicial administrative matter" means any administrative matter regarding an agreement, contract, bid or bid process, any procurement decision, including, but not limited to, any financial services agreement, software licensing, servicing or procurement agreement, lease, or any other administrative procurement or contractual matter.
(j) As used in this section, "executive agency" means any state agency, state office or state officer, state officer elect, or employee of the executive branch and includes, but is not limited to, the board of regents and state board of education, but does not include local boards of education of school districts or municipalities or other political subdivisions.
(k) As used in this section, "judicial agency" means any department, institution, office, officer, employee, commission, board or bureau, or any agency, division or unit thereof, of the judicial branch of government and includes any justice or commissioner of the supreme court or judge or judge elect of the judicial branch, or any member of a board, council or commission who is appointed by the supreme court or who is elected and is performing a function or duty of the judicial branch that constitutes a judicial administrative matter.
(l) As used in this section, "written communications" or "written information" includes email or other electronic forms of communication that are retained as a record by the executive agency or judicial agency.
History: L. 1974, ch. 353, § 11; L. 1975, ch. 272, § 3; L. 1981, ch. 171, § 43; L. 1991, ch. 150, § 24; L. 2018, ch. 51, § 2; July 1.
"Representation case" means the representation of any person, client, principal, or third person, with compensation, in any matter before any state agency where the action or non-action of the state agency involves the exercise of substantial discretion; but representation case does not mean or include (a) any communication initiated by a legislator on behalf of a constituent or other member of the public for which no compensation is received or to be received, or (b) preparation and filing of tax returns or other governmental forms, or (c) participation in tax audit negotiations, or (d) any activity of a state officer or employee in carrying out the duties of his or her office or employment, or (e) a preliminary inquiry by any person into a matter before a state agency.
History: L. 1974, ch. 353, § 12; L. 1975, ch. 272, § 4; July 1.
"Associated person" means a person associated with a state officer or employee in a partnership, limited partnership, association or professional service corporation as a partner or officer.
History: L. 1974, ch. 353, § 13; L. 1975, ch. 272, § 5; July 1.
"Special interest" means an interest of any person as herein defined (1) concerning action or non-action by the legislature on any legislative matter affecting such person as distinct from affect upon the people of the state as a whole, or (2) in the action or non-action of any state agency or state officer or employee upon any matter affecting such person as distinct from affect upon the people of the state as a whole.
History: L. 1974, ch. 353, § 14; March 28.
"Substantial interest" means any of the following:
(a) If an individual or an individual's spouse, either individually or collectively, has owned within the preceding 12 months a legal or equitable interest exceeding $5,000 or 5% of any business, whichever is less, the individual has a substantial interest in that business.
(b) If an individual or an individual's spouse, either individually or collectively, has received during the preceding calendar year compensation which is or will be required to be included as taxable income on federal income tax returns of the individual and spouse in an aggregate amount of $2,000 from any business or combination of businesses, the individual has a substantial interest in that business or combination of businesses.
(c) If an individual or an individual's spouse, either individually or collectively, has received directly or indirectly in the preceding 12 months, gifts or honoraria having an aggregate value of $500 or more from any person, the individual has a substantial interest in that person. If a gift is received for which the value is unknown, the individual shall be deemed to have a substantial interest in the donor. A substantial interest does not exist under this subsection by reason of: (1) A gift or bequest received as the result of the death of the donor; (2) a gift from a spouse, parent, grandparent, sibling, aunt or uncle; or (3) acting as a trustee of a trust for the benefit of another.
(d) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor of any business, the individual has a substantial interest in that business, irrespective of the amount of compensation received by the individual or individual's spouse.
(e) If an individual or an individual's spouse receives compensation which is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the individual has a substantial interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the individual or the individual's spouse, either individually or collectively, received an aggregate of $2,000 or more in the preceding calendar year.
As used in this subsection, "client or customer" means a business or combination of businesses.
History: L. 1974, ch. 353, § 15; L. 1983, ch. 172, § 1; L. 1984, ch. 189, § 1; L. 1987, ch. 198, § 1; July 1.
"Business" means any corporation, association, partnership, proprietorship, trust, joint venture, or a governmental agency unit, or a governmental subdivision and every other business interest, including ownership or use of land for income.
History: L. 1974, ch. 353, § 16; L. 1982, ch. 218, § 1; July 1.
"Contract" means any agreement including but not limited to sales and conveyances of real and personal property and agreements for the performance of services.
History: L. 1974, ch. 353, § 17; March 28.
No state officer or employee shall engage in lobbying his own state agency, if he accepts compensation specifically attributable to such lobbying, other than that provided for the performance of his official duties. Nothing in this section shall prohibit a state officer or employee from lobbying without compensation other than that which he is entitled to receive for performance of his official duties.
History: L. 1974, ch. 353, § 18; March 28.
(a) (1) No state officer or employee shall in the capacity as such officer or employee be substantially involved in the preparation of or participate in the making of a contract with any person or business by which such officer or employee is employed or in whose business such officer or employee or any member of such officer's or employee's immediate family has a substantial interest and no such person or business shall enter into any contract where any state officer or employee, acting in such capacity, is a signatory to, has been substantially involved in the preparation of or is a participant in the making of such contract and is employed by such person or business or such officer or employee or any member of such officer's or employee's immediate family has a substantial interest in such person or business.
(2) Except as otherwise provided in this subsection, whenever any individual has participated as a state officer or employee in the making of any contract with any person or business, such individual shall not accept employment with such person or business as an employee, independent contractor or subcontractor until two years after performance of the contract is completed or until two years after the individual terminates employment as a state officer or employee, whichever is sooner. This prohibition on accepting employment shall not apply in any case where a state officer or employee who participated in making a contract while employed by the state of Kansas is laid off or scheduled to be laid off from any state position on or after July 1, 2002. As used in this subsection (a)(2), "laid off" and "layoff" mean a state officer or employee in the classified service under the Kansas civil service act, being laid off under K.S.A. 75-2948, and amendments thereto.
(b) No individual shall, while a legislator or within one year after the expiration of a term as legislator, be interested pecuniarily, either directly or indirectly, in any contract with the state, which contract is funded in whole or in part by any appropriation or is authorized by any law passed during such term, except that the prohibition of this subsection (b) shall not apply to any contract interest in relation to which a disclosure statement is filed as provided by K.S.A. 46-239, and amendments thereto.
(c) No individual, while a legislator or within one year after the expiration of a term as a legislator, shall represent any person in a court proceeding attacking any legislative action taken or enactment made during any term such individual served as a legislator as being unconstitutional because of error in the legislative process with respect to such action or enactment unless such legislator voted no upon the enactment of the measure and declared on the record, during such term, that such legislation was unconstitutional. The prohibition of this subsection (c) shall not apply to a current or former legislator charged with a violation of such legislative action or enactment.
(d) Subsections (a) and (b) shall not apply to the following:
(1) Contracts let after competitive bidding has been advertised for by published notice; and
(2) contracts for property or services for which the price or rate is fixed by law.
(e) When used in this section:
(1) "Substantial interest" shall have the same meaning ascribed thereto by K.S.A. 46-229, and amendments thereto, and any such interest held within the preceding 12 months of the act or event of participating in the preparation of making a contract.
(2) "Substantially involved in the preparation or participate in the making of a contract" means having approved or disapproved a contract or having provided significant factual or specific information or advice or recommendations in relation to the negotiated terms of the contract.
History: L. 1974, ch. 353, § 19; L. 1975, ch. 272, § 6; L. 1983, ch. 172, § 9; L. 1991, ch. 150, § 25; L. 1995, ch. 77, § 1; L. 1996, ch. 255, § 9; L. 1997, ch. 155, § 2; L. 2000, ch. 152, § 8; L. 2003, ch. 149, § 32; July 1.
No elected state officer shall within one year after the expiration of such officer's last term receive any civil appointment to a state office which was created by law during the last term for which such person had been elected, and all such appointments shall be void. Upon resignation by an elected state officer, such person may be appointed to any elective state office to fill a vacancy. As used in this section, the term "civil appointment to a state office" shall not include an additional district judge position created by K.S.A. 20-355, and amendments thereto, or an additional court of appeals judge position created by K.S.A. 20-3002, and amendments thereto.
History: L. 1974, ch. 353, § 20; L. 1995, ch. 91, § 2; L. 2001, ch. 174, § 4; July 1.
No state officer or employee shall accept compensation for performance of official duties, other than that to which such person is entitled for such performance. No person shall pay or offer to pay any state officer or employee any compensation for performance of official duties, except a state officer or employee performing official duties in making payments to state officers and employees. The receipt of wages or salary from an individual's non-state employer during a period of service as a state officer or employee shall not be construed as compensation for performance of official duties.
History: L. 1974, ch. 353, § 21; March 28.
(a) No state officer or employee, candidate for state office or state officer elect shall solicit any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service from any person known to have a special interest, under circumstances where such officer, employee, candidate or state officer elect knows or should know that a major purpose of the donor in granting the same could be to influence the performance of the official duties or prospective official duties of such officer, employee, candidate or state officer elect.
(b) Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act; (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business; (3) any solicitation for the benefit of any charitable organization required to file a registration statement with the attorney general pursuant to K.S.A. 17-1761, and amendments thereto, or exempted from filing such statement pursuant to K.S.A. 17-1762, and amendments thereto, or for the benefit of any educational institution or such institution's endowment association, if such association has qualified as a nonprofit organization under section 501(c)(3) of the internal revenue code of 1986, as amended; (4) any solicitation for the benefit of any national nonprofit, nonpartisan organization established for the purpose of serving, informing, educating and strengthening state legislatures in all states of the nation; or (5) any solicitation for the benefit of any national, nonprofit organization established for the purpose of serving, informing and educating elected executive branch officials in all states of the nation.
History: L. 1974, ch. 353, § 22; L. 1975, ch. 272, § 7; L. 1995, ch. 172, § 2; L. 2000, ch. 124, § 1; L. 2021, ch. 110, § 20; May 27.
(a) Except as provided by this section, no state officer or employee, candidate for state office or state officer elect shall accept, or agree to accept any:
(1) Economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service having an aggregate value of $40 or more in any calendar year; or
(2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year from any one person known to have a special interest, under circumstances where such person knows or should know that a major purpose of the donor is to influence such person in the performance of their official duties or prospective official duties.
(b) Except as provided by this section, no person with a special interest shall offer, pay, give or make any:
(1) Economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service having an aggregate value of $40 or more in any calendar year; or
(2) hospitality in the form of recreation having an aggregate value of $100 or more in any calendar year to any state officer or employee, candidate for state office or state officer elect with a major purpose of influencing such officer or employee, candidate for state office or state officer elect in the performance of official duties or prospective official duties or to a member or member elect or employee of the judicial branch with a major purpose of influencing the member or member elect or employee of the judicial branch in the performance of official duties or prospective official duties pertaining to a judicial administrative matter, as defined in K.S.A. 46-225, and amendments thereto.
(c) No person licensed, inspected or regulated by a state agency shall offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality or service having an aggregate value of $40 or more in any calendar year to such agency or any state officer or employee, candidate for state office or state officer elect of that agency.
(d) Hospitality in the form of food and beverages is presumed not to be given to influence a state officer or employee, candidate for state office or state officer elect in the performance of official duties or prospective official duties, or to influence a member or member elect or employee of the judicial branch in the performance of official duties or prospective official duties pertaining to a judicial administrative matter as defined in K.S.A. 46-225, and amendments thereto, except when a particular course of official action is to be followed as a condition thereon.
(e) Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to:
(1) Any contribution reported in compliance with the campaign finance act; or
(2) a commercially reasonable loan or other commercial transaction in the ordinary course of business.
(f) No state officer or employee shall accept any payment of honoraria for any speaking engagement except that a member of the state legislature or a part-time officer or employee of the executive branch of government shall be allowed to receive reimbursement in the preparation for and the making of a presentation at a speaking engagement in an amount fixed by the commission prior to the acceptance of the speaking engagement. Nothing in this section shall be construed to prohibit the reimbursement of state officers and employees for reasonable expenses incurred in attending seminars, conferences and other speaking engagements.
(g) The provisions of this section shall not be applicable to or prohibit the acceptance of gifts from governmental agencies of foreign nations except that any gift accepted from such foreign governmental agency, having an aggregate value of $100 or more, shall be accepted on behalf of the state of Kansas.
(h) No legislator shall solicit any contribution to be made to any organization for the purpose of paying for travel, subsistence and other expenses incurred by such legislator or other members of the legislature in attending and participating in meetings, programs and activities of such organization or those conducted or sponsored by such organization, but nothing in this act or the act of which this act is amendatory shall be construed to prohibit any legislator from accepting reimbursement for actual expenses for travel, subsistence, hospitality, entertainment and other expenses incurred in attending and participating in meetings, programs and activities sponsored by the government of any foreign nation, or any organization organized under the laws of such foreign nation or any international organization or any nonprofit, nonpartisan organization that does not engage in lobbying in the state of Kansas, when paid from funds of such organization and nothing shall be construed to limit or prohibit the expenditure of funds of and by any such organization for such purposes.
History: L. 1974, ch. 353, § 23; L. 1983, ch. 172, § 11; L. 1990, ch. 122, § 18; L. 1991, ch. 150, § 26; L. 1995, ch. 172, § 3; L. 1998, ch. 117, § 19; L. 2000, ch. 124, § 4; L. 2018, ch. 51, § 3; L. 2025, ch. 72, § 1; July 1.
(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.
No state officer or employee or candidate for state office or associated person shall charge to or accept from a person known to have a special interest a price, fee, compensation or other consideration for the sale or lease of any property or the furnishing of services which is substantially in excess of that which other persons in the same business or profession would charge in the ordinary course of business.
History: L. 1974, ch. 353, § 24; March 28.
(a) No state officer or employee shall accept employment in any representation case, unless such officer or employee has properly filed the disclosure statement prescribed by this section.
(b) Any state officer or employee who is employed in any representation case shall, not later than 10 days after the acceptance of employment for such case or on the first appearance before the state agency involved (whichever occurs first), file on a form prescribed and provided by the commission a disclosure statement as provided in this section.
(c) Any individual, within one year after the expiration of a term as a legislator, who contracts to perform any service for a state agency other than the legislature, shall not later than 10 days after the acceptance of such contract, file a disclosure statement as provided in this section. Any agency of the state of Kansas which enters into a contract with any legislator, or any member of a firm of which such legislator is a member, under which the legislator or the member of such firm is to perform services for such agency for compensation shall make a report on a form prescribed and provided by the commission giving the name of the state agency, the purpose of the employment and the method of determining and computing the compensation for such employment. All such forms shall be filed quarterly in the office of the secretary of state.
(d) The disclosure statement required by this section shall be filed with the secretary of state in all cases. Any individual who files a statement may file an amended statement (or, if permitted by the secretary of state, amend the original filing) at any time after the statement is originally filed. Copies of each such statement shall forthwith upon filing be transmitted by the secretary of state to (1) in the case of members of the house of representatives, the chief clerk of the house of representatives, or (2) in the case of senators, the secretary of the senate. In addition to the foregoing, a copy of every disclosure statement shall be transmitted by the secretary of state to the state agency involved, if the state agency is other than a part of the legislative branch.
(e) The disclosure statement provided for by this section shall be signed by the person making the same and shall state (1) the name of the employer, (2) the purpose of the employment and (3) the method of determining and computing the compensation for the employment in the representation case.
(f) Any person who is employed in a representation case and who is required to file a disclosure statement pursuant to this section may file, upon termination of such person's employment in such representation case, a termination statement with the secretary of state. Such statement shall be on a form prescribed and provided by the commission and shall state (1) the name of the employer, (2) the state agency involved in the case, and (3) the date of the termination of employment. The secretary of state shall transmit 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 this section, or
(2) filing a disclosure statement under this section which contains any material 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.
No state officer or employee shall accept or agree to accept compensation, or any part thereof, for employment in a representation case of any kind, before a state agency, except workmen's compensation cases, which is contingent upon the result achieved or attained.
History: L. 1974, ch. 353, § 26; L. 1975, ch. 272, § 9; July 1.
No state officer or employee shall disclose or use confidential information acquired in the course of his or her official duties in order to further his or her own economic interest or those of any other person.
History: L. 1974, ch. 353, § 27; March 28.
(a) No state officer or employee shall accept a representation case before a state agency where such officer or employee knows or should know that it is obviously without merit and is being offered with intent to obtain improper influence over a state agency.
(b) No state officer or employee shall use threat or promise of official action in an attempt to influence a state agency in any representation case.
History: L. 1974, ch. 353, § 28; L. 1975, ch. 272, § 10; July 1.
(a) Any state officer or employee or candidate for state office who violates any provision of this act, and such violation is a misdemeanor, shall be subject to censure or forfeiture of office. Whenever the commission determines that any officer or employee has violated any provisions of this act and such violation is a misdemeanor or has violated any provision of this act, or any rule and regulation of the commission, the violation of which does not constitute a misdemeanor but the act does merit censure, forfeiture or other disciplinary action, the commission shall report such fact and the circumstances involved to the officer or agency authorized to impose censure, forfeiture or other disciplinary measure upon such officer or employee in accordance with this act.
(b) When this section applies to an impeachable officer, whether such censure or forfeiture is to be imposed shall be determined by impeachment proceedings.
(c) When this section applies to a legislator, the house of which the legislator is a member shall determine whether such censure, forfeiture or other disciplinary measure is to be imposed.
(d) When this section applies to any state officer or employee of the legislative branch, except a legislator, the legislative coordinating council shall determine whether such censure, forfeiture or other disciplinary measure is to be imposed.
(e) When this section applies to any state officer or employee of the judicial branch, the supreme court shall determine whether such censure, forfeiture or other disciplinary measure is to be imposed.
(f) When this section applies to any state officer or employee of the executive branch and such state officer or employee is not subject to impeachment, the governor shall determine whether censure, removal of such state officer or employee or other disciplinary measure is to be imposed. Upon a determination by the governor of removal under this subsection, no right of appeal under the Kansas civil service act shall exist, but the determination of removal is subject to review in accordance with the Kansas judicial review act. In lieu of direct removal, the governor may direct the attorney general, district attorney or county attorney to bring appropriate ouster proceedings to determine such forfeiture.
History: L. 1974, ch. 353, § 29; L. 1986, ch. 318, § 66; L. 1991, ch. 150, § 50; L. 2010, ch. 17, § 82; July 1.
Action under K.S.A. 46-243 may be commenced and finally determined whether or not criminal prosecution has been commenced, and criminal prosecution under this act may be commenced and finally adjudicated whether or not proceedings have been commenced under K.S.A. 46-243.
History: L. 1974, ch. 353, § 30; March 28.
History: L. 1974, ch. 353, §§ 31, 32; Repealed, L. 1975, ch. 272, § 25; July 1.
(a) From and after the effective date of this act, no state officer or employee shall advocate or cause the employment, appointment, promotion, transfer or advancement to any office or position of the state, of a member of such officer's or employee's household or a family member.
(b) No state officer or employee shall participate in an action relating to the employment or discipline of a member of the officer's or employee's household or a family member.
(c) The provisions of this section shall not apply to appointments of members of the governor's staff, nor to any action involving the employment, appointment, promotion, transfer or advancement of any officer or employee occurring prior to the effective date of this act.
(d) The provisions of this section shall be subject to interpretation and enforcement by the Kansas public disclosure commission in the manner provided by K.S.A. 46-253 through 46-263, and amendments thereto.
History: L. 1991, ch. 150, § 39; L. 1992, ch. 246, § 1; L. 1998, ch. 117, § 20; L. 2025, ch. 65, § 17; July 1.
The following individuals shall file written statements of substantial interests, as provided in K.S.A. 46-248 to 46-252, inclusive, and amendments thereto:
(a) Legislators and candidates for nomination or election to the legislature.
(b) Individuals holding an elected office in the executive branch of this state, and candidates for nomination or election to any such office.
(c) State officers, employees and members of boards, councils and commissions under the jurisdiction of the head of any state agency who are listed as designees by the head of a state agency pursuant to K.S.A. 46-285, and amendments thereto.
(d) Individuals whose appointment to office is subject to confirmation by the senate whether or not such individual is a state officer or employee.
(e) General counsels for state agencies irrespective of how compensated.
(f) The administrator or executive director of the education commission of the states, the interstate compact on agricultural grain marketing, the Mo-Kan metropolitan development district and agency compact, the Kansas City area transportation district and authority compact, the midwest nuclear compact, the central interstate low-level radioactive waste compact, the multistate tax compact, the Kansas-Oklahoma Arkansas river basin compact, the Kansas-Nebraska Big Blue river compact, and the multistate lottery.
(g) Private consultants under contract with any agency of the state of Kansas to evaluate bids for public contracts or to award public contracts.
(h) Any faculty member or other employee of a postsecondary educational institution as defined by K.S.A. 74-3201b, and amendments thereto, who provides consulting services and who, on behalf of or for the benefit of the person for which consulting services are provided:
(1) Promotes or opposes action or nonaction by any federal agency, any state agency as defined by K.S.A. 46-224, and amendments thereto, or any political subdivision of the state or any agency of such political subdivision or a representative of such state agency, political subdivision or agency; or
(2) promotes or opposes action or nonaction relating to the expenditure of public funds of the federal government, the state or political subdivision of the state or agency of the federal government, state or political subdivision of the state.
(i) Except as provided by K.S.A. 46-247a, and amendments thereto, any faculty member who receives an annual salary of $150,000 or more, other than an adjunct faculty member, who is employed by a state education institution as defined by K.S.A. 76-711, and amendments thereto.
History: L. 1974, ch. 353, § 33; L. 1979, ch. 164, § 1; L. 1982, ch. 218, § 2; L. 1983, ch. 172, § 2; L. 1988, ch. 180, § 1; L. 1991, ch. 150, § 47; L. 2002, ch. 188, § 10; L. 2005, ch. 126, § 6; L. 2009, ch. 134, § 10; L. 2010, ch. 150, § 11; July 1.
History: L. 2009, ch. 134, § 11; Repealed, L. 2010, ch. 150, § 12; July 1.
The statement of substantial interests required by K.S.A. 46-247 through 46-252, and amendments thereto, shall include the substantial interests of the individual making the statement. Campaign contributions reported in compliance with the campaign finance act shall not be included in this statement. The statement shall include the information required by K.S.A. 46-229 and amendments thereto in such detail and form as required by the commission. In reporting a substantial interest in the ownership of any business in accordance with subsection (a) of K.S.A. 46-229, and amendments thereto, the individual making the statement shall disclose the approximate percentage of ownership which the individual or individuals's spouse owns.
(a) The statement of substantial interests shall be filed at the following times by the individuals specified in K.S.A. 46-247 and amendments thereto:
(1) For an individual, other than a candidate, who was appointed or took office on or before April 30, 1984, between April 15 and June 1, 1984, and for an individual or other candidate who is appointed or takes office on or before April 30 in any year thereafter, annually between April 15 and April 30, inclusive, so long as the act applies to the individual;
(2) for an individual, other than a candidate, who is appointed after April 30 in any year, within 15 days after the appointment and annually thereafter between April 15 and April 30, inclusive, so long as the act applies to the individual;
(3) for an individual who becomes a candidate on or before the date prescribed by K.S.A. 25-205 and amendments thereto, on the date prescribed by K.S.A. 25-205 and amendments thereto or within 10 days thereafter, unless within that period the candidacy is officially declined or rejected; or
(4) for an individual who becomes a candidate after the date prescribed by K.S.A. 25-205 and amendments thereto, within five days of becoming a candidate, unless within that period the candidacy is officially declined or rejected.
(b) Individuals who become subject to subsection (a) and who have on file a statement of substantial interests pursuant to this act for the current year shall not be required to file any additional statement of substantial interests for that period.
(c) If an individual serves in more than one capacity for which a statement of substantial interests is required to be filed pursuant to this act, the individual shall be required to file only a single statement of substantial interests for all capacities for which a statement is required to be filed.
(d) The statements required by this section shall be filed with the secretary of state in all cases.
History: L. 1974, ch. 353, § 34; L. 1975, ch. 272, § 11; L. 1979, ch. 164, § 2; L. 1980, ch. 152, § 1; L. 1983, ch. 172, § 8; L. 1984, ch. 189, § 2; L. 1991, ch. 150, § 28; July 1.
When a person fails to file any statement specified in K.S.A. 46-247 within the time specified by K.S.A. 46-248, the commission may send a notice of such failure to such person. Such notices are a part of the public record. This section is supplemental to K.S.A. 46-215 to 46-280, inclusive, and any amendments thereto.
History: L. 1981, ch. 208, § 1; L. 1981, ch. 171, § 48; July 1.
The statement of substantial interests required by K.S.A. 46-247 through 46-252 shall be dated and signed by the individual making the statement and shall contain substantially the following:
STATEMENT OF SUBSTANTIAL INTERESTS
_____________________________________________________________ (name)
(office or position of employment for which this statement is filed)
(address)
(body of statement in form prescribed by commission)
"I declare that this statement of substantial interests (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete statement of all of my substantial interests and other matters required by law. I understand that intentional failure to file this statement as required by law or intentionally filing a false statement is a class B misdemeanor."
(date of filing)
(signature of person making the statement)
History: L. 1974, ch. 353, § 35; L. 1984, ch. 189, § 3; April 19.
The commission shall prescribe and provide the forms provided for by K.S.A. 46-249. Any person required to file a statement of substantial interests, may file an amended statement of substantial interests (or if permitted by the secretary of state, amend the statement originally filed) at any time after the date when such statement is required to be filed.
History: L. 1974, ch. 353, § 36; L. 1975, ch. 272, § 12; July 1.
Failure to file true statement of substantial interests is intentionally (a) failing to file a statement of substantial interests as required by this act, or
(b) filing a statement of substantial interests that contains any false statement.
Failure to file a true statement of substantial interests is a class B misdemeanor.
History: L. 1974, ch. 353, § 37; L. 1975, ch. 272, § 13; July 1.
All statements of substantial interests filed under this act shall be available for examination and copying by the public at all reasonable times. Each individual examining a statement must first fill out a form or sign a register prepared and publicly maintained by the secretary of state identifying the examiner by name, occupation, address and telephone number, and listing the date of examination.
History: L. 1974, ch. 353, § 38; March 28.
"Commission" as used in K.S.A. 46-215 through 46-292, and amendments thereto, means the Kansas public disclosure commission. The commission may adopt rules and regulations for the administration of the provisions of K.S.A. 46-215 through 46-292, and amendments thereto. Any rules and regulations adopted by the Kansas governmental ethics commission shall continue in force and effect and shall be deemed to be the rules and regulations of the Kansas public disclosure commission until revised, amended, repealed or nullified pursuant to law. All rules and regulations of the commission shall be subject to the provisions of article 4 of chapter 77 of Kansas Statutes Annotated, and amendments thereto.
History: L. 1974, ch. 353, § 39; L. 1974, ch. 354, § 1; L. 1975, ch. 272, § 16; L. 1981, ch. 171, § 44; L. 1991, ch. 150, § 29; L. 1998, ch. 117, § 21; L. 2025, ch. 65, § 18; July 1.
The commission upon its own initiative may, and upon the request of any individual to which this act applies shall, render an opinion in writing on questions concerning the interpretation of this act. Any person who acts in accordance with the provisions of such an opinion, shall be presumed to have complied with the provisions of this act. A copy of every opinion rendered by the commission shall be filed with the secretary of state, and any opinion so filed shall be open to public inspection. The secretary of state shall publish all opinions rendered under this section monthly and each such publication shall be cumulative. Copies of each opinion shall be filed with the secretary of the senate and the chief clerk of the house on the same date as the same are filed with the secretary of state. The secretary of state shall cause adequate copies of all filings under this section to be supplied to the state library.
History: L. 1974, ch. 353, § 40; March 28.
Any individual, including any member of the commission, may file with the commission a verified complaint in writing stating the name of any person to whom or which this act applies alleged to have violated any provision of this act, and which shall set forth the particulars thereof. If a member of the commission files a complaint, he must disqualify himself from the commission consideration of that complaint. Whenever a complaint is filed with the commission, the commission shall promptly send a copy thereof to the person complained of, who shall thereafter be designated as the respondent. No complaint alleging a violation of K.S.A. 46-245* may be filed with the commission after the expiration of thirty (30) days from the date upon which the alleged violation occurred.
History: L. 1974, ch. 353, § 41; March 28.
(a) If the commission determines that a verified complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any provision of this act, it shall dismiss the complaint and notify the complainant and respondent thereof.
(b) Whenever a complaint is filed with the commission alleging a violation of any provision of this act, such filing and the allegations therein shall be confidential and shall not be disclosed except as provided in this act.
(c) If the commission determines that such verified complaint does allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of this act, the commission promptly shall investigate the alleged violation.
(d) The commission shall notify the attorney general of any apparent violation of criminal law or other laws not administered by the commission, which is discovered during the course of any such investigation.
(e) If, after the investigation, the commission finds that probable cause does not exist for believing the allegations of the complaint, the commission shall dismiss the complaint. If after such preliminary investigation, the commission finds that probable cause exists for believing the allegations of the complaint, such complaint shall no longer be confidential and may be disclosed. Upon making any such finding, the commission shall fix a time for a hearing in the matter, which shall be not more than 30 days after such finding. In either event the commission shall notify the complainant and respondent of its determination.
(f) The remedies and protections provided by K.S.A. 75-2973 and amendments thereto shall be available to any state employee against whom disciplinary action has been taken for filing a complaint pursuant to this act.
History: L. 1974, ch. 353, § 42; L. 1988, ch. 181, § 1; L. 1991, ch. 150, § 30; July 1.
After a verified complaint alleging violation of any provision of this act has been filed with the commission, the respondent shall be entitled to examine and make copies of all evidence in the possession of the commission relating to the complaint, including the transcript of the hearing, if any. If a hearing is to be held pursuant to K.S.A. 46-256, the commission, before the hearing has commenced, shall issue subpoenas and subpoenas duces tecum at the request of any party. Any hearing held under K.S.A. 46-256 may be conducted and held by a subcommittee of not less than five members of the commission, of whom not more than a majority shall be of the same political party. Final determination of all complaints shall be made by the commission as a whole. The chairperson of the commission or other member presiding over the commission or the presiding officer of any subcommittee of the commission shall have the power to: (a) Administer oaths and affirmations; and (b) compel, by subpoena, the attendance of witnesses and the production of pertinent books, papers and documents. Witnesses shall be entitled to receive fees and mileage as provided by law for witnesses in civil actions, which shall be paid out of appropriations to the commission. Depositions may be taken and used in the same manner as in civil actions. Any person subpoenaed to appear and give testimony or to produce books, papers or documents, who fails or refuses to appear or to produce such books, papers or documents, or any person, having been sworn to testify, who refuses to answer any proper question, may be cited for contempt of the district court of Shawnee county, Kansas. The commission shall report to such court the facts relating to any such contempt. Thereupon proceedings before such court shall be had as in cases of other civil contempt.
History: L. 1974, ch. 353, § 43; L. 1990, ch. 306, § 11; May 31.
At any hearing held by the commission: (a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: To be represented by legal counsel; to call and examine witnesses; to introduce exhibits; and to cross-examine opposing witnesses.
(c) The hearing shall be open to the public.
History: L. 1974, ch. 353, § 44; March 28.
The commission shall maintain a record of its investigations, inquiries, and proceedings. All records, complaints, documents, reports filed with or submitted to or made by the commission, and all records and transcripts of any investigations, inquiries or hearings of the commission under this act shall be confidential and shall not be open to inspection by any individual other than a member of the commission, an employee of the commission, or a state officer or employee designated to assist the commission, except as otherwise specifically provided in this act. The commission may, by adoption of a resolution, authorize the release to the attorney general of any information, records, complaints, documents, reports, and transcripts in its possession material to any matter pending before the attorney general. In addition the commission shall notify the attorney general of any apparent violation of criminal law, other than laws administered by the commission, discovered during the course of any investigation conducted by the commission. All matters presented at a public hearing of the commission and all reports of the commission stating a final finding of fact pursuant to K.S.A. 46-262 shall be public records and open to public inspection.
Violation of any provision of this section or the confidentiality provision of K.S.A. 46-256 is a class B misdemeanor.
History: L. 1974, ch. 353, § 45; L. 1975, ch. 272, § 17; L. 1982, ch. 219, § 1; July 1.
(a) The commission may investigate, or cause to be investigated, any matter required to be reported upon by any person under the provisions of the state governmental ethics law, or any matter to which the state governmental ethics law applies, irrespective of whether a complaint has been filed in relation thereto.
(b) (1) After a preliminary investigation of any matter reported to the commission pursuant to subsection (a), and upon specific written findings of fact and conclusions of law by the commission that there is a reasonable suspicion that a violation of the state governmental ethics law has occurred, the commission or any officer designated by the commission may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the commission deems relevant or material to the investigation. The commission shall reimburse the reasonable costs of production of documents subject to subpoena. All subpoenas and subpoenas duces tecum issued under this section shall be authorized by the affirmative vote of not less than ¾ of the members of the commission. Any vote authorizing the issuance of a subpoena or subpoena duces tecum shall be taken at a meeting where the commissioners are in physical presence. Subpoenas duces tecum shall be limited to items reasonably relevant to such alleged violations. Upon the request of any person subpoenaed to appear and give testimony or to produce books, papers or documents, the commission shall provide a copy of the written findings of facts and conclusions of laws relating to the alleged violation committed by such person.
(2) In case of contumacy by, or refusal to obey a subpoena issued to any person, the district court of Shawnee county, upon application by the commission, or any officer designated by the commission, may issue to that person an order requiring the person to appear before the commission or any officer designated by the commission, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.
History: L. 1974, ch. 353, § 46; L. 1991, ch. 150, § 31; L. 1998, ch. 29, § 2; July 1.
The commission may permit a complainant to withdraw his or her complaint at any time. The respondent may bring a civil action in the district court against the complainant for malicious prosecution for the filing or prosecution of any complaint with the commission under this act, whenever under like circumstances an action for malicious prosecution would arise for filing or prosecution of an action or complaint in a court. All papers in the possession of the commission relating thereto shall be admissible.
History: L. 1974, ch. 353, § 47; March 28.
After a hearing of an alleged violation of this act, the commission shall state its findings of fact. If the commission finds that the respondent has not violated any provisions of this act, it shall order the action dismissed, and shall notify the respondent and complainant thereof. If the commission finds that the respondent has violated any provisions of this act, it shall state its findings of fact and submit a report thereon to the house in which the respondent serves if he or she is a legislator, to the legislative coordinating council if he or she is a state officer or employee of the legislative branch other than a legislator, to the supreme court if he or she is a state officer or employee of the judicial branch, and to the governor in other cases, send a copy of such findings and report to the complainant and respondent, and the commission shall also report thereon, except any act which is a violation of K.S.A. 46-245 only to the attorney general and to the county or district attorney of the appropriate county.
History: L. 1974, ch. 353, § 48; March 28.
When a report is submitted under K.S.A. 46-262, and amendments thereto:
(a) If the respondent is a legislator, the house to which such a report is made shall consider the report and impose censure or disqualification as a legislator, or the house may determine that neither censure nor disqualification is justified.
(b) If the respondent is a state officer or employee of the legislative branch, other than a legislator, the legislative coordinating council shall consider the report and impose censure or remove the state officer or employee from state service, or such council may determine that neither censure nor removal from office is justified. Such a determination by the legislative coordinating council shall be final.
(c) If the respondent is a state officer or employee of the judicial branch, the supreme court shall consider the report and impose censure or remove the state officer or employee from state service, or such court may determine that neither censure nor removal from office is justified. Such a determination by the supreme court shall be final.
(d) If the respondent is not a legislator and is not a state officer or employee of the legislative branch and is not subject to impeachment or of the judicial branch, the governor shall consider the report and impose censure or remove the state officer or employee from state service, or the governor may determine that neither censure nor removal from office is justified. Upon a determination by the governor of removal under this subsection, no right of appeal under the Kansas civil service act shall exist, but the determination of removal is subject to review in accordance with the Kansas judicial review act. In lieu of direct removal, the governor may direct the attorney general to bring ouster proceedings against the respondent.
(e) In the event the respondent is subject to impeachment, the commission shall refer the report to the house of representatives, in lieu of other procedures under this section.
History: L. 1974, ch. 353, § 49; L. 1986, ch. 318, § 67; L. 2010, ch. 17, § 83; July 1.
History: L. 1974, ch. 353, § 50; Repealed, L. 1975, ch. 272, § 25; July 1.
(a) Every lobbyist shall register with the secretary of state by completing and signing a registration form prescribed and provided by the commission. The registration shall show the name and address of the lobbyist, the name and address of the person compensating the lobbyist for lobbying, the purpose of the employment, the name of each state agency or state office and any agency, division or unit thereof and each judicial department, institution, office, commission, board or bureau and any agency, division or unit thereof and whether the lobbyist will lobby the legislative branch and the method of determining and computing the compensation of the lobbyist. If the lobbyist is compensated or to be compensated for lobbying by more than one employer or is to be engaged in more than one employment, the relevant facts listed above shall be stated separately for each employer and each employment. Whenever any new lobbying employment or lobbying position is accepted by a lobbyist already registered as provided in this section, the lobbyist shall report the same on forms prescribed and provided by the commission before engaging in any lobbying activity related to the new employment or position, and the report shall be filed with the secretary of state. When a lobbyist is an employee of a lobbying group or firm which contracts to lobby and not an owner or partner of the lobbying group or firm, the lobbyist shall report each client of the group, firm or entity whose interest the lobbyist represents. Whenever the lobbying of a lobbyist concerns a legislative matter, the secretary of state promptly shall transmit copies of each registration and each report filed under this act to the secretary of the senate and the chief clerk of the house of representatives.
(b) On or after October 1, in any year any person may register as a lobbyist under this section for the succeeding calendar year. The registration shall expire annually on December 31 of the year for which the lobbyist is registered. In any calendar year, before engaging in lobbying, persons to whom this section applies shall register or renew their registration as provided in this section. Except for employees of lobbying groups or firms, every person registering or renewing registration who anticipates spending $1,000 or less for lobbying in the registration year on behalf of any one employer shall pay to the secretary of state a fee of $50 for lobbying for each employer. Except for employees of lobbying groups or firms, every person registering or renewing registration who anticipates spending more than $1,000 for lobbying in the registration year on behalf of any one employer shall pay to the secretary of state a fee of $350 for lobbying for the employer. Any lobbyist who at the time of initial registration anticipated spending less than $1,000, on behalf of any one employer, but at a later date spends in excess of that amount, within three days of the date when expenditures exceed that amount, shall file an amended registration form which shall be accompanied by an additional fee of $300 for the year. Every person registering or renewing registration as a lobbyist who is an employee of a lobbying group or firm and not an owner or partner of the lobbying group or firm shall pay an annual fee of $450. The secretary of state shall remit all moneys received under this section 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 Kansas public disclosure commission fee fund.
(c) Any person who has registered as a lobbyist pursuant to this act may file, upon termination of the person's lobbying activities, a statement terminating the person's registration as a lobbyist. The statement shall be on a form prescribed by the commission and shall state the name and address of the lobbyist, the name and address of the person compensating the lobbyist for lobbying and the date of the termination of the lobbyist's lobbying activities.
(d) No person who has failed or refused to pay any civil penalty imposed pursuant to K.S.A. 46-280, and amendments thereto, shall be authorized or permitted to register as a lobbyist in accordance with this section until the penalty has been paid in full.
History: L. 1974, ch. 353, § 51; L. 1975, ch. 272, § 18; L. 1982, ch. 363, § 15; L. 1989, ch. 93, § 3; L. 1991, ch. 150, § 32; L. 1993, ch. 94, § 1; L. 1994, ch. 144, § 3; L. 1998, ch. 117, § 22; L. 2000, ch. 168, § 3; L. 2001, ch. 5, § 152; L. 2015, ch. 85, § 13; L. 2018, ch. 51, § 5; L. 2025, ch. 65, § 19; July 1.
The secretary of state shall maintain alphabetical listings of all lobbyists showing their employers and appointing authorities and the purpose of their employment or position. Such listing shall be supplemented by indices showing employers and the appointing authorities and relevant information as to each. All registration papers and reports made under K.S.A. 46-265 shall be open to public inspection at all reasonable times. The listings and supplemental indices provided for by this section shall be maintained current at all times and from time to time each year shall be printed, published and distributed by the secretary of state.
History: L. 1974, ch. 353, § 52; March 28.
(a) No person shall pay or accept or agree to pay or accept or arrange for a third party to pay or agree to pay present, future, promised or contingent compensation, or any part thereof, for lobbying which is contingent upon the result achieved or attained.
(b) No person shall pay or accept or agree to pay or accept present, future, promised or contingent compensation, or any part thereof, for the referral of a person or persons to a lobbyist for lobbying services.
(c) No lobbying contract or agreement shall be valid or enforceable in a court of law unless it is in writing, signed by all parties thereto and was executed prior to the lobbyist's commencement of lobbying for the represented person under such contract or agreement. Any such lobbying contract or agreement shall be invalid and unenforceable unless such lobbyist complies with all lobbying laws and lobbyist reporting requirements of this act.
History: L. 1974, ch. 353, § 53; L. 1997, ch. 155, § 3; July 1.
(a) Except as otherwise provided in subsection (b), every lobbyist shall file electronically with the secretary of state a report of employment and expenditures on a form and in the manner prescribed and provided by the commission. A report shall be filed on or before the 10th
day of the months of February, March, April, May, September and January. Reports shall include all expenditures which are required to be reported under K.S.A. 46-269, and amendments thereto, or a statement that no expenditures in excess of $100 were made for such purposes, during the preceding calendar month or months since the period for which the last report was filed.
(b) For any calendar year in which a lobbyist expects to expend an aggregate amount of less than $100 for lobbying in each reporting period, a lobbyist shall file electronically an affidavit of such intent with the secretary of state. Such lobbyist shall not be required to file the reports required under subsection (a) for the year for which such affidavit is filed. If in any reporting period a lobbyist filing such affidavit expends in excess of $100 in reportable expenses, a report shall be filed for such period in the manner prescribed by subsection (a).
History: L. 1974, ch. 353, § 54; L. 1975, ch. 272, § 19; L. 1983, ch. 173, § 1; L. 1991, ch. 150, § 33; L. 1995, ch. 172, § 4; L. 2015, ch. 85, § 14; L. 2018, ch. 88, § 3; July 1.
Each report required to be filed by K.S.A. 46-268, and amendments thereto, is a public record and shall be open to public inspection upon request. Such report shall disclose the following:
(a) The full name and address of each person who has paid compensation for lobbying to the lobbyist or has paid for expenses of lobbying by the lobbyist during the period reported.
(b) The aggregate amount or value of all expenditures made, except for expenses of general office overhead, by the lobbyist or by the lobbyist's employer for or in direct relation to lobbying during the reporting period, if such expenditures exceed $100. Individual expenditures of less than $2 shall not be required to be reported under this subsection. Every lobbyist shall keep detailed accounts of all expenditures required to be reported pursuant to K.S.A. 46-268, and amendments thereto. The expenditures shall be reported according to the following categories of expenditures:
(1) Food and beverages provided as hospitality;
(2) entertainment, gifts, honoraria or payments;
(3) mass media communications;
(4) recreation provided as hospitality;
(5) communications for the purpose of influencing legislative or executive action; and
(6) all other reportable expenditures made in the performance of services as a lobbyist.
With regard to expenditures for entertainment or hospitality that is primarily recreation, food and beverages, only amounts expended on a state officer or employee or state officer elect or on an employee or officer or officer elect of the judicial branch or on such officer or employee's spouse shall be considered to be for or in direct relation to lobbying. Notwithstanding the requirements of this subsection and subsection (d), no lobbyist shall be responsible to report any expenditure by the lobbyist's employer of which such person has no knowledge.
(c) (1) In addition to the information reported pursuant to subsection (b), each lobbyist expending an aggregate amount of $100 or more for lobbying in any reporting period shall report any gift, entertainment or hospitality provided to state officers or employees or state officers elect or to members, members elect or employees of the judicial branch of government. Such report shall disclose the full name of the legislator or legislator elect, member, member elect or employee of the judicial branch or the state officer or employee or state officer elect who received such gift, entertainment or hospitality, the amount expended on such gift, entertainment or hospitality and the date the gift, entertainment or hospitality was provided.
(2) No report shall be required to be filed pursuant to this subsection (c) for the following:
(A) Meals, the provision of which is motivated by a personal or family relationship;
(B) meals provided at public events in which the person is attending in an official capacity;
(C) meals provided to a person subject to this section when it is obvious such meals are not being provided because of the person's official position;
(D) food such as soft drinks, coffee or snack foods not offered as part of a meal; and
(E) entertainment or hospitality in the form of recreation, food and beverages provided at an event to which the following have been invited:
(i) All members of the legislature or all members of either house of the legislature; or
(ii) all members of a political party caucus of the legislature or all members of a political party caucus of either house of the legislature.
(d) Except as provided by subsection (c), whenever an individual lobbyist contributes to a single special event, such lobbyist shall report only the aggregate amount or value of the expenditure contributed by such lobbyist.
(e) Whenever more than one lobbyist is employed by a single employer, the reports required by this section relating to such employer shall be made by only one such lobbyist and that lobbyist shall be the lobbyist who is most directly connected with the particular expenditure or gift, honoraria or payment. No expenditure or gift, honoraria or payment required to be reported by this section shall be reported by more than one lobbyist.
(f) All accounts, records and documents of the lobbyist which relate to every expenditure reported or which should have been reported shall be maintained and preserved by the lobbyist for a period of five years from the date of the filing of such report or statement and may be inspected under conditions determined by the commission.
History: L. 1974, ch. 353, § 55; L. 1975, ch. 272, § 20; L. 1981, ch. 171, § 45; L. 1983, ch. 173, § 2; L. 1987, ch. 199, § 1; L. 1990, ch. 306, § 12; L. 1991, ch. 150, § 44; L. 1997, ch. 155, § 1; L. 2000, ch. 124, § 3; L. 2018, ch. 51, § 6; July 1.
The secretary of state shall obtain suitable name tags in two colors, of a size not smaller than two inches by three inches, to be fastened on the outside of the wearer's garment with lettering adequate in size and clarity to be readable at a distance of three feet by individuals of normal vision, bearing the name of the lobbyist, the names of the persons compensating or appointing the lobbyist and the year. The secretary of state shall present to each individual registering under K.S.A. 46-264 and 46-265 one such tag, and such tag shall be worn by the lobbyist when lobbying in the state capitol building.
History: L. 1974, ch. 353, § 56; March 28.
No lobbyist shall offer, pay, give or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service having an aggregate value of $40 or more in any calendar year to any state officer or employee or candidate for state office or to any officer or candidate for office or employee of the judicial branch with a major purpose of influencing the state officer or employee or candidate for state office in the performance of official duties or prospective official duties or the officer or candidate for office or employee of the judicial branch in the performance of any judicial administrative matter, as defined in K.S.A.
46-225, and amendments thereto. Hospitality in the form of recreation, food and beverages are presumed not to be given to influence a state officer or employee or candidate for state office in the performance of official duties, or an officer or candidate for office or employee of the judicial branch in the performance of any judicial administrative matter, as defined in K.S.A.
46-225, and amendments thereto, except when a particular course of official action is to be followed as a condition thereon.
Except when a particular course of official action is to be followed as a condition thereon, this section shall not apply to: (1) Any contribution reported in compliance with the campaign finance act as amended; or (2) a commercially reasonable loan or other commercial transaction in the ordinary course of business.
History: L. 1974, ch. 353, § 57; L. 1974, ch. 354, § 2; L. 1991, ch. 150, § 51; L. 2018, ch. 51, § 7; July 1.
No lobbyist shall pay or agree to pay to any state officer or employee, candidate for state office or an associated person thereof a price, fee, compensation or other consideration for the sale or lease of any property or the furnishing of services which is substantially in excess of that which other persons in the same business or profession would charge in the ordinary course of business.
History: L. 1974, ch. 353, § 58; March 28.
(a) No lobbyist shall offer employment or employ any state officer or employee or associated person thereof for a representation case, with intent to obtain improper influence over a state agency.
(b) No lobbyist shall offer employment or employ any state officer or employee or associated person to use or attempt to use threat or promise of official action in an attempt to influence a state agency in any representation case.
History: L. 1974, ch. 353, § 59; March 28.
Unlawful lobbying is (1) lobbying without being registered as provided by this act, or (2) lobbying when a current report under K.S.A. 46-268 and 46-269, has not been filed and is past due. Unlawful lobbying is a class B misdemeanor.
History: L. 1974, ch. 353, § 60; L. 1975, ch. 272, § 21; July 1.
Giving false lobbying information is intentionally (1) making a false or incomplete statement on any registration paper under K.S.A. 46-265, or
(2) making a false or incomplete report under K.S.A. 46-268 and 46-269.
Giving false lobbying information is a class B misdemeanor.
History: L. 1974, ch. 353, § 61; L. 1975, ch. 272, § 22; July 1.
Violation of any provision of K.S.A. 46-232, 46-233, 46-235 to 46-238, 46-240, 46-241, 46-242, 46-267 and 46-271 to 46-273, inclusive, and amendments thereto, and K.S.A. 46-286, and amendments thereto, is a class B misdemeanor.
History: L. 1974, ch. 353, § 62; L. 1975, ch. 272, § 23; L. 1983, ch. 172, § 12; L. 1995, ch. 40, § 1; July 1.
No act, action or conduct of any person shall constitute a violation of this act which is actionable by complaint before the commission, or by criminal complaint, unless such act, action or conduct is intentionally violative of a provision of this act or intentionally violative of more than one provision of this act.
History: L. 1974, ch. 353, § 63; March 28.
If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this act which can be given effect without the invalid application or provision, and to this end the provision of this act are declared to be severable.
History: L. 1974, ch. 353, § 64; March 28.
History: L. 1974, ch. 353, § 65; L. 1975, ch. 273, § 1; Repealed, L. 1990, ch. 306, § 24; May 31.
(a) Except as provided in subsection (b), the commission shall send a notice by registered or certified mail to any person failing to register or to file any report or statement as required by K.S.A. 46-247 or 46-265, and amendments thereto, within the time period prescribed therefor. The notice shall state that the required registration, report or statement had not been filed with the office of secretary of state. The notice also shall state that such person shall have five days from the date of receipt of such notice to comply with the registration and reporting requirements before a civil penalty shall be imposed for each day that the required documents remain unfiled. If such person fails to comply within such period, such person shall pay to the state a civil penalty of $10 per day for each day that such person remains unregistered or that such report or statement remains unfiled, except that no such civil penalty shall exceed $300. The commission may waive, for good cause, payment of any civil penalty imposed hereunder.
(b) Subject to the notice provisions of subsection (a), reports required for lobbyists under K.S.A. 46-268, and amendments thereto, that are late more than 48 hours shall be subject to civil penalties as provided in subsection (b)(2).
(2) The lobbyist shall be liable for a civil penalty of $100 for the first day the report is more than 48 hours late and $50 for each subsequent day the report is late, but in no case shall the civil penalty exceed $1,000. The commission may waive, for good cause, payment of any civil penalty imposed by this section.
(c) Whenever the commission shall determine that any report filed by a lobbyist as required by K.S.A. 46-269, and amendments thereto, is incorrect, incomplete or fails to provide the information required by such section, the commission shall notify such lobbyist by registered or certified mail, specifying the deficiency. Such notice shall state that the lobbyist shall have 30 days from the date of the receipt of such notice to file an amended report correcting such deficiency before a civil penalty will be imposed and the registration of such lobbyist revoked and the badge be required to be returned to the office of the secretary of state. A copy of such notice shall be sent to the office of the secretary of state. If such lobbyist fails to file an amended report within the time specified, such lobbyist shall pay to the commission a civil penalty of $10 per day for each day that such person fails to file such report except that no such civil penalty shall exceed $300. On the 31st day following the receipt of such notice, the registration of any lobbyist failing to file such amended report shall be revoked.
(d) Civil penalties provided for by 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 Kansas public disclosure commission fee fund.
(e) (1) Except as provided in paragraph (2), if a person fails to pay a civil penalty provided for by this section, it shall be the duty of the commission to bring an action to recover such civil penalty in the district court of the county in which such person resides.
(2) If a person required to file under K.S.A. 46-247(f), and amendments thereto, fails to pay a civil penalty provided for by this section, it shall be the duty of the commission to bring an action to recover the civil penalty in the district court of Shawnee county, Kansas.
History: L. 1978, ch. 146, § 1; L. 1981, ch. 171, § 46; L. 1988, ch. 180, § 2; L. 1991, ch. 150, § 48; L. 1998, ch. 117, § 23; L. 1998, ch. 168, § 4; L. 2001, ch. 5, § 153; L. 2018, ch. 88, § 4; L. 2025, ch. 65, § 20; July 1.
As used in this act and article 2 of chapter 46 of Kansas Statutes Annotated, and amendments thereto, the definitions in K.S.A. 46-282 to 46-285, inclusive, shall apply.
History: L. 1983, ch. 172, § 3; July 1.
"Designee" means:
(a) Any state officer, employee or member of any agency, department, division, bureau or other unit of state government who holds a position: (1) Defined as a major policy making position; (2) responsible for contracting, purchasing or procurement, except persons whose sole responsibility is the purchasing of gasoline or emergency repair for a state vehicle assigned to them for their use or persons whose sole responsibility relating to purchasing or procurement includes only transactions pursuant to preexisting state contracts; (3) responsible for writing or drafting specifications for contracts; (4) responsible for awarding grants, benefits or subsidies; or (5) responsible for inspecting, licensing or regulating any person or entity.
(b) "Designee" does not include any driver's license examiner of the department of revenue or any person performing ministerial functions.
History: L. 1983, ch. 172, § 4; L. 1984, ch. 189, § 4; April 19.
"Major policy making" position means (a) the administrative head or heads or executive of a state agency or (b) the head of each department, division, bureau or other major administrative unit within a state agency.
History: L. 1983, ch. 172, § 5; L. 1984, ch. 189, § 5; April 19.
"Consultant" means an individual who is called on for professional or technical advice or opinions.
History: L. 1983, ch. 172, § 6; L. 1984, ch. 189, § 6; July 1.
(a) The head of every state agency shall submit a list of designees under the agency head's jurisdiction, identifying the positions, names and home mailing addresses of all designees of that agency to the commission annually between March 15 and March 31, inclusive. The agency head may prepare and submit a separate list for each department, division, bureau or other unit within the agency head's jurisdiction. The agency head shall attach to each list an organizational chart for the agency, department or division to which that list corresponds and shall certify the list to be correct. The agency head shall notify the commission of the name, home address and position of any new designee under the agency head's jurisdiction within 10 days of appointment. The commission may request the head of a state agency to make additions to or deletions from the list.
(b) The commission shall transmit promptly copies of all lists received under this section to the secretary of state.
History: L. 1983, ch. 172, § 7; L. 1984, ch. 189, § 7; July 1.
(a) No state officer or employee, in the officer's or employee's official capacity, shall participate directly in the licensure, inspection or administration or enforcement of any regulation of or in any contract with any outside organization with which the officer or employee holds a position.
(b) This section shall not apply to appointed or elected members of a state board, council or commission, except that no member of such board, council or commission shall participate in any license, inspection or contract on behalf of their state board, council or commission with any outside organization with which such member is associated or the holding of a position as a member of an advisory board, council or commission of an outside organization or of a position of a voluntary or charitable nature if the advisory, voluntary or charitable position is taken without any expectation or acceptance of remuneration other than reimbursement of necessary and actual expenses.
History: L. 1983, ch. 172, § 10; L. 1984, ch. 189, § 8; April 19.
(a) No person shall publish or cause to be published in any newspaper or other periodical or cause to be distributed as an insert or flyer in any newspaper or periodical any paid advertisement promoting or opposing action or nonaction by the legislature on any legislative matter unless such advertisement is followed by the word "advertisement" or the abbreviation "adv." in a separate line, together with the name of the chairperson of the organization or other individual causing the advertisement to be published.
(b) No person shall broadcast or cause to be broadcast by any radio or television station any paid advertisement promoting or opposing action or nonaction by the legislature on any legislative matter unless such advertisement is followed by a statement that the preceding was an advertisement, together with the name of the chairperson of the organization or other individual causing the advertisement to be broadcast.
(c) Violation of this section is a class C misdemeanor.
(d) The provisions of this section shall be subject to interpretation and enforcement in the manner provided by K.S.A. 46-254 through 46-263, and amendments thereto, and the commission shall have the powers and duties provided by such sections with respect to interpretation and enforcement of this section.
(e) Terms used in this section have the meanings provided by K.S.A. 46-216 through 46-231, and amendments thereto.
History: L. 1988, ch. 179, § 1; L. 1990, ch. 306, § 13; May 31.
The commission, in addition to any other penalty prescribed under K.S.A. 46-215 through 46-286, and amendments thereto, may assess a civil fine, after proper notice and an opportunity to be heard, against any person for a violation pursuant to K.S.A. 46-215 through 46-286, and amendments thereto, 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 Kansas public disclosure commission fee fund.
History: L. 1988, ch. 181, § 2; L. 1991, ch. 150, § 34; L. 1998, ch. 117, § 24; L. 2001, ch. 5, § 154; L. 2025, ch. 65, § 21; July 1.
(a) If the commission determines after notice and opportunity for a hearing that any person has engaged or is engaging in any act or practice constituting a violation of any provision of K.S.A. 46-215 through 46-286, and amendments thereto, or any rule and regulation or order hereunder, the commission by order may require that such person cease and desist from the unlawful act or practice and take such affirmative action as in the judgment of the commission will carry out the purposes of K.S.A. 46-215 through 46-286, and amendments thereto.
(b) If the commission makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the commission may issue an emergency temporary cease and desist order. Such order, even when not an order within the meaning of K.S.A. 77-502 and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536 and amendments thereto. Upon the entry of such an order, the commission shall promptly notify the person subject to the order that it has been entered, of the reasons therefor and that upon written request the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If no hearing is requested and none is ordered by the commission, the order will remain in effect until it is modified or vacated by the commission. If a hearing is requested or ordered, the commission, after notice of and opportunity for hearing to the person subject to the order, shall by written findings of fact and conclusions of law vacate, modify or make permanent the order. Any such order shall be enforceable in any court of competent jurisdiction.
History: L. 1988, ch. 181, § 3; L. 1991, ch. 150, § 35; July 1.
Whenever it appears to the commission that any person has engaged in any act or practice constituting a violation of any provision of K.S.A. 46-215 through 46-286, and amendments thereto, or any rule and regulation or order hereunder, the commission may bring an action in any court of competent jurisdiction to enjoin the acts or practices and to enforce compliance with K.S.A. 46-215 through 46-286, and amendments thereto, or any rule and regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, restitution, writ of mandamus or other equitable relief shall be granted.
History: L. 1988, ch. 181, § 4; L. 1991, ch. 150, § 36; July 1.
The commission may enter into a consent decree with any person who has violated any provision of K.S.A. 46-215 through 46-286, and amendments thereto.
History: L. 1988, ch. 181, § 5; L. 1991, ch. 150, § 37; July 1.
Any person aggrieved by any order of the commission pursuant to this act may appeal such order in accordance with the provisions of the Kansas judicial review act.
History: L. 1988, ch. 181, § 6; L. 1991, ch. 150, § 38; L. 2010, ch. 17, § 84; July 1.
If any provision of this act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this act which can be given effect without the invalid application or provision, and to this end the provisions of this act are declared to be severable.
History: L. 1991, ch. 150, § 52; July 1.
(a) Notwithstanding the provisions of K.S.A. 46-215 through 46-293, and amendments thereto, an employee of a state university may provide significant factual information or advice or recommendations in relation to the negotiated terms of a technology licensing agreement or other research or development agreement between the state university and a company in which the employee has a substantial interest, provided that the employee does not have the authority to negotiate the terms of such agreement, or to approve such agreement on behalf of the state university. Nothing in this section shall allow an employee of a state university, in such employee's capacity as a state university employee, to provide advice or recommendations in relation to the negotiated terms of an agreement, which would directly affect such employee's financial benefit.
(b) For the purposes of this section, the phrase "research or development" means those activities and services relating to the development, transfer or commercialization of technology or other intellectual property.
(c) This section shall be a part of and supplemental to the state governmental ethics law.
History: L. 2012, ch. 168, § 7; July 1.
(a) Every person who is registered as a lobbyist shall file with the secretary of state a detailed report listing the amount of public funds paid to hire or contract for the lobbying services on behalf of: (1) A governmental entity; or (2) any association of governmental entities that receive public funds. The report shall include a listing of the amount of public funds paid to hire or contract for the lobbying services of such lobbyist and which association of governmental entities that receive public funds hired such lobbyist on a form and in the manner prescribed and provided by the Kansas public disclosure commission. Each report required to be filed by this section is a public record and shall be open to public inspection upon request. A report shall be filed on or before January 10, 2017, and on or before January 10 of each subsequent year for the reporting period containing the preceding calendar year.
(b) The reports filed with the secretary of state pursuant to subsection (a) shall be made available on a searchable public website by the secretary of state.
(c) As used in this section:
(1) "Governmental entity" means the same as defined in K.S.A. 75-6102, and amendments thereto.
(2) "Lobbying" means the same as defined in K.S.A. 46-225, and amendments thereto.
(3) "Public funds" means moneys appropriated by the state or any of its subdivisions.
History: L. 2015, ch. 85, § 1; L. 2025, ch. 65, § 22; July 1.
History: L. 1933, ch. 207, § 1; L. 1943, ch. 192, § 1; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1933, ch. 207, §§ 2, 3; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1933, ch. 207, § 4; Repealed, L. 1970, ch. 201, § 21; March 26.
History: L. 1933, ch. 207, §§ 5–7; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1933, ch. 207, § 8; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1933, ch. 207, §§ 9, 10; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1933, ch. 207, § 11; L. 1949, ch. 291, § 1; L. 1963, ch. 284, § 1; L. 1968, ch. 208, § 8; Repealed, L. 1971, ch. 184, § 42; May 1.
Revisor's Note: Later act, see 46-1208.
History: L. 1933, ch. 207, § 12; Repealed, L. 1971, ch. 184, § 42; May 1.
Revisor's Note: Later act, see 46-1208.
History: L. 1947, ch. 294, §§ 1, 2; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1947, ch. 294, § 3; Repealed, L. 1957, ch. 299, § 1; June 29.
There is hereby established a standing committee of the senate known as the senate committee on interstate cooperation which shall consist of seven members of the senate. Six members of the committee shall be appointed in the same manner as members of other standing committees of the senate. The president of the senate, or another senator of the same party designated by the president, shall be a member and chairperson of the committee.
History: L. 1941, ch. 271, § 1; L. 1973, ch. 157, § 21; L. 1974, ch. 218, § 1; L. 1978, ch. 200, § 3; L. 1985, ch. 177, § 1; March 21.
There is hereby established a standing committee of the house of representatives known as the house committee on interstate cooperation which shall consist of seven members of the house of representatives. Six members of the committee shall be appointed in the same manner as members of other standing committees of the house of representatives. The speaker of the house of representatives, or another member of the house of representatives of the same political party designated by the speaker, shall be a member and chairperson of the committee.
History: L. 1941, ch. 271, § 2; L. 1973, ch. 157, § 22; L. 1974, ch. 218, § 2; L. 1978, ch. 200, § 4; L. 1991, ch. 151, § 1; April 25.
There is hereby established a committee of administrative officials and employees of this state to be officially known as the governor's committee on interstate cooperation which shall consist of six (6) members. Its members shall be: The secretary of administration, ex officio; the attorney general, ex officio; the director of the budget and two (2) administrative officials or employees to be designated by the governor. The governor shall also be a member of the committee and may serve as chairman or may appoint one of the other members of the committee as its chairman.
History: L. 1941, ch. 271, § 3; L. 1953, ch. 252, § 1; L. 1973, ch. 157, § 23; L. 1974, ch. 218, § 3; January 13, 1975.
There is hereby established the Kansas commission on interstate cooperation. This commission shall be composed of the seven members of the senate committee on interstate cooperation, the seven members of the house committee on interstate cooperation and the six members of the governor's committee on interstate cooperation. In odd-numbered years, the chairperson of the house committee on interstate cooperation shall be chairperson of the commission and the chairperson of the senate committee on interstate cooperation shall be vice-chairperson thereof. In even-numbered years, the chairperson of the senate committee on interstate cooperation shall be chairperson of the commission and the chairperson of the house committee on interstate cooperation shall be vice-chairperson thereof. At any meeting at which the chairperson is unable to be present, such officer may appoint another legislator of the same house and party to serve as a member of the commission in such officer's place but the member so appointed shall not act as chairperson or vice-chairperson thereof. The revisor of statutes shall serve as secretary of the commission.
History: L. 1941, ch. 271, § 4; L. 1973, ch. 157, § 24; L. 1974, ch. 218, § 4; L. 1978, ch. 200, § 5; L. 1983, ch. 174, § 1; L. 1985, ch. 177, § 2; March 21.
The standing committees of the senate and the house of representatives established under the provisions of this act shall function during the regular sessions of the legislature and also during the interim periods between such sessions and their members shall serve until their successors are appointed. The incumbency of each administrative member of this commission appointed by the governor shall extend until the first day of February next following their appointment, and thereafter until their successor is appointed.
History: L. 1941, ch. 271, § 5; L. 1974, ch. 218, § 5; L. 1983, ch. 174, § 2; July 1.
It shall be the function of this commission:
(a) To carry forward the participation of this state as a member of the council of state governments;
(b) to carry forward the participation of this state as a member of the national conference of state legislatures;
(c) to encourage and assist the legislative, executive, administrative and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with officials and employees of the other states, of the federal government, and of local units of government; and
(d) to endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for, and by facilitating: (1) The adoption of compacts; (2) the enactment of uniform or reciprocal statutes; (3) the adoption of uniform or reciprocal administrative rules and regulations; (4) the informal cooperation of governmental offices with one another; (5) the personal cooperation of government officials and employees with one another, individually; (6) the interchange and clearance of research and information, and (7) any other suitable process.
History: L. 1941, ch. 271, § 6; L. 1983, ch. 174, § 3; July 1.
The commission may establish such delegations and committees as it deems necessary and advisable to perform the duties and functions required under the provisions of this act. Subject to the approval of the commission, the member or members of each such delegation or committee shall be appointed by the chairman of the commission, except as otherwise provided by law. State officials or employees who are not members of the commission on interstate cooperation may be appointed as members of any such delegation or committee, but private citizens holding no governmental position in this state shall not be eligible except as delegates to the national conference of commissioners on uniform state laws. The commission may provide such other rules as it considers appropriate concerning the membership and the functioning of any such delegation or committee. The commission may provide for advisory boards for itself and for its various delegations and committees, and may authorize private citizens to serve on such boards.
History: L. 1941, ch. 271, § 7; L. 1947, ch. 293, § 2; L. 1974, ch. 218, § 6; January 13, 1975.
(a) (1) There is hereby established an advisory committee to the Kansas commission on interstate cooperation. Such committee shall be composed of five members.
(2) Three of such members shall be members of the Kansas bar to be appointed by the commission with the advice of the president of the bar association of the state of Kansas and the incumbency of each such member of the committee shall extend until the first day of February of the odd-numbered year following appointment and thereafter until a successor is appointed.
(3) One member shall be the chairperson of the standing house committee on judiciary, if such chairperson is a member of the Kansas bar, or such chairperson may designate another member of the standing house committee on judiciary who is a member of the Kansas bar to serve as a member in lieu of such chairperson for such chairperson's then-current term as a legislator. If such chairperson is not a member of the Kansas bar and there is not another member of the standing house committee on judiciary who is a member of the Kansas bar, the speaker of the house of representatives may designate the revisor of statutes to serve as a member in lieu of a house member for the speaker's then-current term as a legislator. The revisor of statutes may designate an assistant revisor to serve in lieu of the revisor.
(4) One member shall be the chairperson of the standing senate committee on judiciary, if such chairperson is a member of the Kansas bar, or such chairperson may designate another member of the standing senate committee on judiciary who is a member of the Kansas bar to serve as a member in lieu of such chairperson for such chairperson's then-current term as a legislator. If such chairperson is not a member of the Kansas bar and there is not another member of the standing senate committee on judiciary who is a member of the Kansas bar, the president of the senate may designate the revisor of statutes to serve as a member in lieu of a senate member for the president's then-current term as a legislator. The revisor of statutes may designate an assistant revisor to serve in lieu of the revisor.
(b) The members of such committee shall be the official representatives or delegates of the state of Kansas to the national conference of commissioners on uniform state laws. Such committee shall account to and advise with the Kansas commission on interstate cooperation and it shall be its duty to investigate and consider the advisability or uniformity of the laws of the several states and to make recommendations on all subjects where uniformity may be desirable and practical. Such committee shall report to the Kansas commission on interstate cooperation from time to time on its activities and make such recommendations as it deems advisable for appropriate legislation.
(c) (1) Members of the committee shall be paid compensation and travel expenses and subsistence expenses or allowances for attendance at meetings of the committee as authorized by K.S.A. 75-3212, and amendments thereto.
(2) Any person who by reason of membership on such committee has been accredited by the national conference of commissioners on uniform state laws as a life member of that organization shall be an associate member of the committee and shall receive the same travel expenses and subsistence expenses for attendance at meetings as regular members of the committee, but shall receive no per diem compensation. Whenever any regular member of the committee shall be so accredited by the national conference of commissioners on uniform state laws, such member shall thereupon become an associate member and a vacancy shall exist in the regular membership of the committee. Such vacancy shall be filled by appointment by the commission with the advice of the president of the bar association of the state of Kansas.
(3) All amounts authorized under this section shall be paid by the Kansas commission on interstate cooperation.
History: L. 1947, ch. 293, § 1; L. 1968, ch. 208, § 9; L. 1974, ch. 218, § 8; L. 1975, ch. 274, § 1; L. 1979, ch. 165, § 1; L. 1983, ch. 174, § 4; L. 2017, ch. 53, § 2; April 27.
The commission shall report to the governor and to the legislature at such times as it deems appropriate. Its members, except the governor's committee, and the members of all delegations and committees which it establishes shall receive compensation and travel expenses and subsistence expenses or allowances for attendance at meetings of the commission authorized by the chairperson or the commission as provided in K.S.A. 75-3212 and amendments thereto. The secretary shall receive travel expenses and subsistence expenses as provided in K.S.A. 75-3212 and amendments thereto for attendance at meetings, but shall receive no per diem compensation. Members of the governor's committee shall receive travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212 and amendments thereto which shall be paid by the respective departments of such members. The commission may incur such expenses as may be necessary for the proper performance of its duties, and it may by contributions: (a) To the council of state governments, participate with other states, in maintaining the council's district and central secretariats, and its other governmental services; (b) to the national conference of commissioners on uniform state laws, participate with other states, in maintaining and conducting the services of the national conference; and (c) to the national conference of state legislatures, participate with other states in the maintenance and conduct of the programs and services of the conference.
History: L. 1941, ch. 271, § 8; L. 1947, ch. 293, § 3; L. 1949, ch. 423, § 19; L. 1968, ch. 208, § 10; L. 1974, ch. 218, § 7; L. 1983, ch. 174, § 5; July 1.
The committees and the commission established by this act shall be informally known, respectively, as the senate cooperation committee, the house cooperation committee, the governor's cooperation committee and the Kansas cooperation commission.
History: L. 1941, ch. 271, § 9; April 10.
History: L. 1941, ch. 271, § 10; Repealed, L. 1951, ch. 308, § 1; June 30.
If any clause or other portion of this act is held to be invalid, that decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that all such remaining portions of this act are severable, and that it would have enacted such remaining portions if the invalid portions had not been included in this act.
History: L. 1941, ch. 271, § 11; April 10.
History: L. 1943, ch. 194, § 1; Repealed, L. 1981, ch. 209, § 1; July 1.
History: L. 1943, ch. 194, § 2; Repealed, L. 1965, ch. 504, § 2; June 30.
History: L. 1943, ch. 194, § 3; Repealed, L. 1981, ch. 209, § 1; July 1.
The vote of the members of the house of representatives of the Kansas legislature may be taken and recorded by mechanical, electrical, or electronic or any combination thereof means in all cases where the yeas and nays are required by the constitution of Kansas or ordered by members of the house. All such voting shall be taken and recorded by the use of modern equipment properly installed and operated.
History: L. 1955, ch. 258, § 1; L. 1968, ch. 323, § 1; March 27.
History: L. 1955, ch. 258, § 2; Repealed, L. 1968, ch. 323, § 4; March 27.
History: L. 1955, ch. 258, § 3; L. 1968, ch. 323, § 2; Repealed, L. 1971, ch. 184, § 42; May 1.
History: L. 1955, ch. 258, § 4; Repealed, L. 1967, ch. 288, § 1; July 1.
History: L. 1968, ch. 323, § 3; Repealed, L. 1969, ch. 251, § 10; January 21.
History: L. 1967, ch. 166, §§ 1 to 5; Repealed, L. 1970, ch. 201, § 21; L. 1970, ch. 198, § 1; July 1.
History: L. 1967, ch. 167, §§ 1 to 14; Repealed, L. 1970, ch. 201, § 21; L. 1970, ch. 198, § 1; July 1.
History: L. 1968, ch. 62, §§ 1 to 3; Repealed, L. 1970, ch. 201, § 21; March 26.
(a) At the times specified in this act, committees and members of the legislature may prefile legislative bills and resolutions for introduction in the next succeeding regular legislative session.
(b) Bills and resolutions may be prefiled at the following times:
(1) In the case of both senators-elect and representatives-elect, from the time that a member-elect has received such member-elect's certificate of election from the secretary of state until 5:00 p.m. on the Friday preceding the day of the convening of the next succeeding regular legislative session;
(2) in the case of both senators and representatives, from the adjournment of the regular legislative session in odd-numbered years until 5:00 p.m. on the Friday preceding the day of the convening of the regular legislative session in even-numbered years;
(3) in the case of senators, from the date of each general election of representatives at which senators are not regularly elected until 5:00 p.m. on the Friday preceding the day of convening of the next regular legislative session; and
(4) in the case of special committees, when authorized by the legislative coordinating council.
(c) Bills and resolutions which are prefiled under the provisions of this act shall be in such final and correct form for introduction in the legislature as is required by the constitution, laws, and rules of the respective houses of the legislature and no change shall be made in the sponsorship of any bill or resolution during the time such bill or resolution remains in the possession of the secretary of the senate or the chief clerk of the house of representatives.
(d) The original copy of every bill and resolution prefiled shall be accompanied by a statement of inspection of the form of the bill signed by the revisor of statutes or an assistant revisor of statutes.
(e) Any bill or resolution prefiled under this act shall be delivered to the secretary of the senate, if a senate bill or resolution, or to the chief clerk of the house of representatives, if a house bill or resolution, by a member of the legislature who is one of the authors of the bill or resolution or by the office of the revisor of statutes upon written authorization of one of the authors.
(f) Any standing committee may prefile a bill or resolution at any time when an individual member of that house of the legislature is authorized to prefile bills and resolutions under this section. Bills or resolutions filed under authority of this subsection (f) shall be filed by the chairperson or vice-chairperson of the standing committee in the same manner as that prescribed for the prefiling of bills and resolutions by individual members or members-elect of the legislature. Before prefiling any bill or resolution under authority of this subsection, the chairperson or vice-chairperson shall be authorized to make such prefiling by a majority vote of the members of the committee.
History: L. 1969, ch. 253, § 1; L. 1973, ch. 209, § 1; L. 1988, ch. 182, § 1; L. 1996, ch. 82, § 1; July 1.
The secretary of the senate and the chief clerk of the house of representatives shall instruct the revisor of statutes regarding the appropriate numbering of prefiled bills and resolutions. In accordance with such instruction the revisor of statutes shall give each prefiled bill and resolution its appropriate number before delivery of a copy to the division of printing. The originals of all prefiled bills and resolutions shall be in the possession of the secretary of the senate, if a senate bill or resolution, or the chief clerk of the house of representatives, if a house bill or resolution. Upon the prefiling of any bill or resolution under the provisions of this act, the secretary of the senate, if a senate bill or resolution, or the chief clerk of the house of representatives, if a house bill or resolution, shall make copies thereof available to any person, upon request, at a cost of $.50 per page until the same have been printed, as provided herein. All moneys received under this section from such charges 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 legislative special revenue fund. The secretary of the senate, in the case of senate bills and resolutions, and the chief clerk of the house of representatives, in the case of house bills or resolutions, shall maintain a current list, by title and sponsor, of all bills and resolutions which have been prefiled, and such lists shall be open to public inspection.
History: L. 1969, ch. 253, § 2; L. 1973, ch. 209, § 2; L. 1988, ch. 182, § 2; L. 1996, ch. 82, § 2; L. 2001, ch. 5, § 155; July 1.
The revisor of statutes shall deliver a copy of each bill or resolution prefiled to the division of printing to be printed in accordance with instructions of the legislative coordinating council. Printed copies of each such bill or resolution shall be returned by the division of printing to the director of legislative administrative services for distribution in accordance with instructions of the legislative coordinating council.
History: L. 1969, ch. 253, § 3; L. 1973, ch. 209, § 3; L. 1988, ch. 182, § 3; July 1.
On the first day of the regular session of the legislature following prefiling, all such bills and resolutions shall be deemed properly introduced. Such bills and resolutions shall be read in the same manner as other bills and resolutions introduced after the convening of the legislature. When any prefiled bill or resolution has been delivered to the secretary of the senate or the chief clerk of the house of representatives as herein provided and the same is read, any prior failure to comply with any of the procedural requirements of this act shall have no effect on the validity of such bill or resolution.
History: L. 1969, ch. 253, § 4; L. 1973, ch. 209, § 4; L. 1988, ch. 182, § 4; L. 1996, ch. 82, § 3; July 1.
History: L. 1970, ch. 200, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1970, ch. 200, § 2; L. 1978, ch. 202, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1978, ch. 202, § 2; Repealed, L. 1979, ch. 186, § 33; July 1.
No money or funds shall be disbursed from the state treasury or any special fund of the state of Kansas in part or full satisfaction or payment of any claim or judgment based in whole or in part on an implied contract, unless the payment of such claim or judgment has been specifically authorized by act of the legislature.
History: L. 1970, ch. 200, § 3; L. 1979, ch. 186, § 23; July 1.
History: L. 1970, ch. 200, § 4; L. 1971, ch. 184, § 27; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 5; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 6; L. 1971, ch. 184, § 28; Repealed, L. 1975, ch. 275, § 4; March 15.
All claims proposed to be paid from the state treasury or any special fund of the state of Kansas, which cannot be lawfully paid by the state or any agency thereof except by an appropriation of the legislature shall be submitted to the joint committee on special claims against the state before final action thereon is taken by either house of the legislature.
History: L. 1970, ch. 200, § 7; L. 1975, ch. 275, § 1; L. 1978, ch. 203, § 2; May 11.
History: L. 1970, ch. 200, § 8; L. 1974, ch. 219, § 1; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 9; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 10; L. 1971, ch. 184, § 29; Repealed, L. 1975, ch. 275, § 4; March 15.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History: L. 1970, ch. 200, § 11; March 26.
There is hereby established the joint committee on special claims against the state which shall have seven members consisting of three members of the senate and four members of the house of representatives. The representative members shall be appointed by the speaker, and the senator members shall be appointed by the senate committee on organization, calendar and rules. Of the members of the house, three members shall be from the majority party with the remaining member from the minority party. Of the members of the senate, two members shall be from the majority party with the remaining member from the minority party. Not less than one representative member shall be a member of the house committee on appropriations and not less than one senator member shall be a member of the senate committee on ways and means. In the biennium commencing with the convening of the regular session of the legislature in 1979, and in the biennium commencing with the convening of the regular session of the legislature each four years thereafter, the chairperson of the joint committee shall be a representative member designated by the speaker of the house of representatives. In the biennium commencing with the convening of the regular session of the legislature in 1981, and in the biennium commencing with the regular session of the legislature each four years thereafter, the senate committee on organization, calendar and rules shall designate a senator member to be the chairperson of the joint committee. If a chairperson shall die, resign or otherwise be incapable of serving as chairperson for the full two-year period, a successor shall be designated to fill the unexpired portion of such period in the same manner as the original chairperson was selected. The joint committee shall meet in the interim between legislative sessions on the call of the chairperson as authorized by the legislative coordinating council. Any four members of the joint committee shall constitute a quorum. Any action of such joint committee may be taken by an affirmative vote of a majority of the members present, if a quorum is present.
The provisions of article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee on special claims against the state to the extent the same do not conflict with the specific provisions of this act applicable to such committee.
History: L. 1978, ch. 203, § 1; L. 1985, ch. 178, § 1; L. 1987, ch. 196, § 3; L. 2013, ch. 134, § 4; L. 2017, ch. 53, § 3; April 27.
(a) Any person wishing to present a claim shall file the same with the chairperson of the joint committee in writing upon a form to be provided by the joint committee stating the following information:
(1) The name and address of the claimant; the name and address of the claimant's principal, if the claimant is acting in a representative capacity; and the name and address of the claimant's attorney, if the claimant is so represented;
(2) A concise statement of the basis of the claim, including the date, time, place and circumstances of the act or event complained of, if applicable;
(3) a statement itemizing the amount claimed; and
(4) any other pertinent information requested by the joint committee.
(b) Upon the filing of a claim, the joint committee shall inform the claimant in writing of any additional information it will require in order to take action upon the claim.
History: L. 1978, ch. 203, § 3; L. 1994, ch. 274, § 2; L. 2013, ch. 83, § 2; July 1.
(a) Each claim shall be considered by the joint committee as soon as practicable after it is filed. If the joint committee deems a hearing to be necessary or advisable on any claim or if the claimant requests the same, it shall provide for the holding of a hearing and shall give the claimant and the state agency involved, if any, at least fifteen days notice by certified mail of the time and place thereof.
(b) The joint committee shall not be bound by the strict rules of evidence, except when specifically required by its rules but shall admit all testimony having reasonable probative value, and shall conduct all hearings in a fair and impartial manner, giving full opportunity for presentation of evidence and argument.
(c) All officers and employees of the state shall provide such information and assistance as may be deemed necessary by the joint committee in the investigation and determination of claims filed under the provisions of this act.
History: L. 1978, ch. 203, § 4; May 11.
The joint committee on special claims against the state shall make determination of all claims submitted to it and a copy of its determination and recommendations shall be submitted to the claimant within 20 days after the joint committee makes its determination. Whenever the joint committee shall determine that the state should pay any amount to any claimant it shall recommend that an award be made in the amount so determined. All recommendations for awards shall be included in a bill or bills which shall be introduced in the name of the joint committee in either house of the legislature and referred to the committee on ways and means of the senate if introduced in the senate or the committee on appropriations of the house if introduced in the house of representatives for report and recommendations as on other bills referred to it. In determining amounts of awards for claims for injury, death and disability, the joint committee may use the workmen's compensation act as a guide, where applicable. No award shall be recommended for payment to any claimant unless the claimant has submitted a written application therefor which has been verified by the claimant and acknowledged before a notary public or other officer authorized by law to administer oaths.
History: L. 1978, ch. 203, § 5; L. 1987, ch. 196, § 4; February 19.
Secretarial services shall be provided for the joint committee by a secretary or secretaries recruited and supervised by the director of legislative administrative services in the manner provided by K.S.A. 46-1212a. Other staff assistance shall be provided by the office of the revisor of statutes, the legislative research department and such other legislative offices and employees as may be directed by the legislative coordinating council.
History: L. 1978, ch. 203, § 6; May 11.
The joint committee on special claims against the state is hereby authorized to adopt such procedural guidelines, not inconsistent with the provisions of this act, as may be necessary for orderly procedure in the filing, investigation, hearing and disposition of claims before it.
History: L. 1978, ch. 203, § 7; May 11.
All claims filed prior to November 1 in any year shall be considered by the joint committee for consideration and recommendation to the ensuing session of the legislature. Claims filed after November 1 in any year and prior to the adjournment of the ensuing session of the legislature shall be considered by the joint committee during such session only if the president of the senate and the speaker of the house of representatives authorizes the holding of meetings therefor.
History: L. 1978, ch. 203, § 8; May 11.
It is the purpose of this act to provide an orderly and expeditious procedure to aid the legislature in the consideration and evaluation of those claims against the state which cannot be lawfully paid by the state or any agency thereof except by appropriation act of the legislature. A recommendation by the joint committee on special claims against the state that an award be made to any claimant shall not be construed as a waiver of immunity from liability on the part of the state or any agency thereof nor shall such recommendation impose liability upon the state or any agency thereof in the amount recommended.
History: L. 1978, ch. 203, § 9; May 11.
(a) The secretary of corrections may reimburse any inmate of any correctional institution or other facility under the secretary's jurisdiction for any personal injury or personal property damage or loss occurring under circumstances which establish, in the secretary's opinion, that such loss or damage was caused by the negligence of the state or any agency, officer or employee thereof. No reimbursement payment shall be made on any claim for an amount of more than $750. An inmate shall provide notice to the secretary of the nature, time, date and place for claims exceeding $750. Failure to provide such notice shall not prevent a claim from being considered by the joint committee on claims against the state. Nothing in this section shall prohibit the crediting of any payment made to an inmate of a correctional institution or other facility under the secretary's jurisdiction to such inmate's account within the institution or facility, as the case may be.
(b) When an inmate owes an outstanding unpaid amount of restitution ordered by a court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610, prior to their repeal, or K.S.A. 21-6604, 21-6607 or 21-6702, and amendments thereto, the secretary of corrections shall withdraw from the inmate's trust account as a set-off:
(1) Money received by the inmate from the state as a settlement of a claim against the state through the joint committee on special claims against the state which is otherwise specifically approved for payment by appropriation act of the legislature, or which is approved through the department of corrections internal claims procedure under this section; or
(2) money received by the inmate from the state as the result of a settlement or a final judgment in a civil action in which the state of Kansas or an employee of the department of corrections was a named defendant and the state was found to be liable.
(c) When an inmate on post release, parole or conditional release supervision owes an outstanding unpaid amount of restitution ordered by a court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610, prior to their repeal, or K.S.A. 21-6604, 21-6607 or 21-6702, and amendments thereto, the state shall setoff the unpaid restitution from:
(1) Money payable to the inmate from the state as a settlement of a claim against the state through the joint committee against the state which is specifically approved for payment by appropriation act of the legislature or which is approved through the department of corrections under this section; or
(2) money payable to the inmate from the state as a result of a settlement or final judgment in a civil action in which the state of Kansas or an employee of the department of corrections was a named defendant and the state was found to be liable.
(d) Vouchers certifying the amount to be setoff under subsection (c) for the outstanding unpaid restitution and any balance remaining payable to the inmate shall be prepared and submitted to the director of accounts and reports of the department of administration.
(e) When more than one state court order of restitution is outstanding and unpaid, moneys shall be applied to and paid for the restitution orders in accordance with this section in the order in which the final judgment orders were entered.
(f) Money collected for payment towards outstanding unpaid restitution in accordance with this section shall be forwarded to the appropriate clerk of the district court for disbursement.
History: L. 1980, ch. 254, § 1; L. 1982, ch. 220, § 1; L. 1988, ch. 183, § 1; L. 1996, ch. 108, § 1; L. 2011, ch. 30, § 194; L. 2025, ch. 119, § 1; July 1.
History: L. 1980, ch. 254, § 2; L. 1983, ch. 53, § 2; L. 1990, ch. 318, § 1; L. 2005, ch. 44, § 1; Repealed, L. 2013, ch. 83, § 5; July 1.
(a) As used in this section and in K.S.A. 46-923, and amendments thereto, the term "state agency" shall have the meaning ascribed thereto in K.S.A. 75-3701, and amendments thereto.
(b) The head of any state agency is authorized to make payment to the officers or employees of such state agency for property damage or loss occurring while that officer or employee is acting within the scope of such office or employment if such property loss or damage, in the opinion of the state agency head, did not occur as a result of negligence of the claimant.
(c) Except as otherwise provided by this section, the head of any state agency is authorized to make payment to any other person for personal injury or property damage or loss occurring under circumstances which establish, in the state agency head's opinion, that such damage or loss was caused by the negligence of the state or any agency, officer or employee thereof. The secretary for children and families is authorized to make payment from funds appropriated to the secretary for the homemaker program to any person for personal injury or property damage or loss caused by an act of a homemaker employed by the secretary.
(d) Except as otherwise provided by this section, no payment shall be made under this section on any claim for an amount in excess of $1,000 or in any amount on a claim by a person who is an insurer and who is making the claim as a subrogee for all or part of any amount paid to such person's insured.
(e) The vice-chancellor of the university of Kansas medical center is authorized to make payment in an amount of not more than $2,500 to any other person for a claim made against the hospital of the university of Kansas medical center for personal injury or property damage or loss occurring under circumstances which establish, in the vice-chancellor's opinion, that such damage or loss was caused by the negligence of the hospital of the university of Kansas medical center or any officer or employee thereof or that such damage or loss occurred at the hospital of the university of Kansas medical center and it is in the best interests of such hospital to make such payment. No payment shall be made under this subsection in any amount on a claim by a person who is an insurer and who is making the claim as a subrogee for all or part of any amount paid to such person's insured.
(f) No payment shall be made under this section for any loss sustained to a state employee's personal conveyance, or any related expense, when the conveyance was used on official state business.
(g) The superintendent of the Kansas highway patrol is authorized to make payment in an amount of not more than $2,500 to any other person for a claim made against the Kansas highway patrol for personal injury or property damage or loss occurring under circumstances which establish, in the superintendent's opinion, that such damage or loss occurred during law enforcement efforts by the Kansas highway patrol to persons who were not negligent during such effort. No information filed pursuant to this subsection, testimony or evidence presented to the Kansas highway patrol, or determination, finding or recommendation of the superintendent shall be admissible in any subsequent civil or criminal proceeding. The Kansas highway patrol is authorized to adopt rules and regulations to implement this subsection.
History: L. 1980, ch. 254, § 3; L. 1983, ch. 175, § 1; L. 1984, ch. 190, § 1; L. 1988, ch. 183, § 2; L. 1992, ch. 149, § 1; L. 1994, ch. 274, § 3; L. 2006, ch. 129, § 2; L. 2014, ch. 115, § 196; July 1.
Notwithstanding K.S.A. 75-3731, and amendments thereto, the director of accounts and reports shall accept for payment from the head of any state agency any claim not exceeding $5,000 for services or purchases even though such claim was not submitted or processed for payment within the fiscal year in which the service was rendered or the purchase was made. No claim filed more than six months after the date that the service was rendered or the purchase was made shall be allowed or paid.
History: L. 1980, ch. 254, § 4; L. 2004, ch. 62, § 1; July 1.
The acceptance by the claimant of any payment made pursuant to this act shall be final and conclusive and shall constitute a complete release of any claim against the state. Otherwise, the claimant shall proceed with a claim against the state as provided by K.S.A. 46-913, and amendments thereto.
History: L. 1980, ch. 254, § 5; L. 1994, ch. 274, § 4; L. 2013, ch. 83, § 3; July 1.
Any payment made pursuant to this act shall be reported to the director of accounts and reports along with appropriate documentation of the payment as may be required by such director. Upon request of any legislator, legislative committee or the legislative research department or other legislative staff agency, the director of accounts and reports shall compile and provide to such legislator, committee or agency a report concerning all payments made pursuant to this act.
History: L. 1980, ch. 254, § 6; L. 1987, ch. 196, § 5; L. 2002, ch. 151, § 9; July 1.
As used in this act, unless the context otherwise requires, "investigating committee" means any of the following:
(a) A standing, special or select committee of either the house of representatives or the senate, a joint committee of both houses of the legislature, or an authorized subcommittee of any such committee; or
(b) The legislative coordinating council, the legislative budget committee, the joint committee on special claims against the state, the joint committee on administrative rules and regulations, the legislative post audit committee, any special or select committee appointed by the legislative coordinating council, or any authorized subcommittee of any such committee or said council; or
(c) Any committee, commission or board created by the legislature by concurrent resolution or enactment when, as one or all of its duties, it is to perform an inquiry, study or investigation for the legislature, except that an advisory committee is not an investigating committee; or
(d) Any committee heretofore or hereafter created by law or resolution of either house of the legislature or by concurrent resolution, when all of the members of such committee, who are authorized to vote on actions of the committee, are legislators.
History: L. 1970, ch. 201, § 1; L. 1971, ch. 184, § 30; L. 1978, ch. 204, § 1; April 13.
An investigating committee may exercise its powers during sessions of the legislature, and also at or in connection with authorized meetings in the interim between sessions. Each investigating committee may adopt rules, not inconsistent with law or applicable rules of the legislature, governing its procedures, including the conduct of hearings. Whenever a subcommittee is exercising the powers of an investigating committee, such subcommittee shall be comprised of at least three (3) persons. An investigating committee may meet publicly or in executive session, and exercise powers of compulsory process in either. All or any part of testimony received by an investigating committee may be published or retained secret in accordance with the determination of such committee.
History: L. 1970, ch. 201, § 2; March 26.
"Compulsory process" in regard to any investigating committee means any one or any combination of the following:
(a) Exercise of the power of subpoena or subpoena duces tecum;
(b) Administration of oath or affirmation;
(c) Taking of testimony under oath;
(d) Referral of any contempt of legislature for prosecution;
(e) Referral of any perjury for prosecution;
(f) Any other act related to any of the foregoing.
History: L. 1970, ch. 201, § 3; L. 1978, ch. 204, § 2; April 13.
(a) The following investigating committees are authorized to exercise the powers of compulsory process in connection with any authorized subject of inquiry, study or investigation at any time without further authorization:
The legislative coordinating council, the legislative budget committee, the standing committee on ways and means of the senate, the standing committee on appropriations of the house, the legislative post audit committee or any committee which is specifically granted powers of compulsory process by legislative enactment or by concurrent resolution of the legislature or any authorized subcommittee of any such committee or the council.
(b) When the legislature is in session, or adjourned for not more than 30 days, the following investigating committees are authorized to exercise the powers of compulsory process in connection with any authorized subject of inquiry, study or investigation:
(1) Any standing, special or select committee of the house of representatives, when authorized by the speaker; or
(2) Any standing, special or select committee of the senate, when authorized by the president.
(c) The following investigating committees are authorized to exercise the powers of compulsory process in connection with any authorized subject of inquiry, study or investigation only when specifically authorized to do so by the legislative coordinating council:
(1) Any special or select committee appointed by the legislative coordinating council, except the legislative budget committee; or
(2) The joint committee on special claims against the state or the joint committee on administrative rules and regulations; or
(3) Any investigating committee as described in subsection (c) or subsection (d) of K.S.A. 46-1001 and amendments thereto when no specific statute or resolution of the legislature authorizes the exercise by such committee of compulsory process.
(d) The limitations of subsections (b) and (c) do not apply to subsection (a). The limitations of subsection (b) do not apply to subsection (c) and the limitations of subsection (c) do not apply to subsection (b).
History: L. 1970, ch. 201, § 4; L. 1971, ch. 184, § 31; L. 1973, ch. 210, § 1; L. 1978, ch. 204, § 3; L. 1987, ch. 196, § 6; February 19.
A subject of inquiry, study or investigation of an investigating committee is authorized when:
(a) The same concerns any bill or resolution or other matter referred to and under consideration by an investigating committee during any legislative session, or during an adjournment of not more than thirty (30) days, in accordance with either rules of the house of representatives or the senate or the joint rules of the senate and house of representatives; or
(b) The subject of inquiry, study or investigation has been specifically authorized by a resolution of the house of representatives or the senate, or by a concurrent resolution or enactment; or
(c) The subject of inquiry, study or investigation is within the statutorily prescribed purview of the investigating committee and by majority vote of all of the members of such investigating committee it designates by its resolution the specific inquiry, study or investigation; or
(d) The subject of inquiry, study or investigation has been specified by proposal adopted by the legislative coordinating council and referred to the investigating committee with authorization to exercise compulsory process, except that such authorization shall not be necessary for the committees or council specified in subsection (a) of K.S.A. 46-1004.
(e) In the case of a subcommittee of an investigating committee, the subject of inquiry, study or investigation has been delegated to such subcommittee by a resolution adopted by a majority vote of all the members of the investigating committee for which such subject of inquiry, study or investigation is authorized, except that no investigating committee that is a subcommittee shall have authority to exercise compulsory process when its parent committee could not.
History: L. 1970, ch. 201, § 5; L. 1971, ch. 184, § 32; L. 1973, ch. 210, § 2; L. 1978, ch. 204, § 4; April 13.
(a) Every investigating committee which is authorized to exercise compulsory process may, by majority vote of all of the members of such committee, issue subpoenas and subpoenas duces tecum with reference to any matter pertinent to any subject under inquiry, study or investigation by such committee.
(b) A person subpoenaed to attend a hearing of an investigating committee shall receive the same fees and allowances as a person subpoenaed to give testimony in an action pending in a district court. Such fees and allowances shall be paid from funds appropriated for the use of the investigating committee issuing the subpoena or from funds appropriated for legislative expense. Appropriations to the division of post audit may be used for payment of such fees and allowances or other expenses of compulsory process.
History: L. 1970, ch. 201, § 6; L. 1978, ch. 204, § 5; April 13.
The chairperson or vice-chairperson of any investigating committee (or any member thereof so authorized by such committee) may administer oaths or affirmations for the purpose of receiving testimony.
History: L. 1970, ch. 201, § 7; L. 1978, ch. 204, § 6; April 13.
(a) Service of a subpoena or subpoena duces tecum requiring the attendance of a person at a hearing of an investigating committee shall be made at least three (3) days prior to the date of the hearing unless a shorter period of time is authorized by majority vote of all of the members of the investigating committee in a particular instance when, in their opinion, the giving of three (3) days notice is not practicable. Subpoenas and subpoenas duces tecum authorized to be issued under this section may be prepared and signed by the chairperson or vice-chairperson of the investigating committee or such other person as is designated by such committee. Selection of the person to serve the same shall be designated by such chairperson, vice-chairperson or such other person as is designated by such committee.
(b) Every subpoena or subpoena duces tecum issued under authority of this section shall cite article 10 of chapter 46 of Kansas Statutes Annotated and give general information in the subpoena, or by attachments thereto, of the subject under inquiry, study or investigation concerning which testimony is required.
History: L. 1970, ch. 201, § 8; L. 1978, ch. 204, § 7; April 13.
Whenever a witness is testifying before an investigating committee which is exercising powers of compulsory process, and the witness questions the pertinency of a question he or she is required to answer or information he or she is required to supply, such witness shall be informed of the subject under inquiry, study or investigation and the connective reasoning whereby such question or requirement of information is pertinent thereto.
History: L. 1970, ch. 201, § 9; L. 1978, ch. 204, § 8; April 13.
Whenever a witness is testifying before an investigating committee which is exercising powers of compulsory process, and the witness requests information concerning the manner in which the subject under inquiry, study or investigation has been authorized, such witness shall be informed of such authorization and such information may include reference to appropriate legislative documents or proceedings.
History: L. 1970, ch. 201, § 10; March 26.
Whenever testimony given under oath is received by an investigating committee, a verbatim record shall be made thereof by a certified shorthand reporter, and the transcript of such record shall be filed with the division of legislative administrative services and be preserved for at least five (5) years. Whenever any document has been received by an investigating committee and included in the record by reference or otherwise, such document shall not be required to be filed with the transcript of the record as required by this section, if the investigating committee determines that the document will be reasonably available without such filing.
History: L. 1970, ch. 201, § 11; L. 1978, ch. 204, § 9; April 13.
Every witness required by compulsory process to testify before an investigating committee shall be entitled to receive the advice of, and be accompanied by, counsel of such witness's choice while giving such testimony. By leave of the chairperson or other person presiding over the investigating committee, such counsel may address such committee or cross examine any witness appearing before such committee.
History: L. 1970, ch. 201, § 12; L. 1978, ch. 204, § 10; April 13.
(a) Every witness required by compulsory process to testify before an investigating committee may file a preliminary written statement with such committee before giving testimony. Any such written statement shall be included in the record.
(b) When a witness required by compulsory process to testify before an investigating committee desires or is requested by such committee to file additional written testimony or documents with the committee after his or her appearance and oral testimony, such committee shall specify the matters which may be so filed, if any, and the time when such filing shall be made. Any statement permitted or required to be filed at the conclusion of a witness's testimony shall be verified upon oath or affirmation, and any document so filed shall be identified by affidavit stating the authenticity of such document. Any statement or document received under authority of this subsection shall be included in the record by the committee by reference or otherwise.
History: L. 1970, ch. 201, § 13; L. 1978, ch. 204, § 11; April 13.
(a) Contempt of legislature is:
(1) Willfully making default when summoned as a witness by subpoena or subpoena duces tecum issued by an investigating committee or either house of the legislature; or
(2) Willfully failing to produce books, papers, documents or other records when required to do so by an investigating committee or either house of the legislature; or
(3) Having appeared as required by a subpoena or subpoena duces tecum of an investigating committee or either house of the legislature, refusing to answer, under oath or affirmation, any question pertinent to the matter under inquiry.
(b) Contempt of legislature is a class A misdemeanor.
History: L. 1970, ch. 201, § 14; March 26.
(a) Whenever a violation of K.S.A. 46-1014 or perjury is believed to have occurred in relation to the exercise by an investigating committee of compulsory process, upon a majority vote of all of the members of such investigating committee, such fact shall be referred to the speaker of the house of representatives or the president of the senate, except as is herein otherwise provided.
(b) Subject to subsection (c) of this section, whenever a violation of K.S.A. 46-1014 or perjury is believed to have occurred in relation to the exercise by an investigating committee of compulsory process, and such investigating committee is a subcommittee of an investigating committee, upon a majority vote of all of the members of such subcommittee, the fact of such violation shall be referred to the parent investigating committee, and upon a majority vote of all of the members of such investigating committee, such fact shall be referred to the speaker of the house of representatives or the president of the senate.
(c) Whenever a violation of K.S.A. 46-1014 or perjury is believed to have occurred in relation to the exercise by an investigating committee of compulsory process, and such investigating committee is one to which subsections (c) or (d) of K.S.A. 46-1004 applies, upon a majority vote of all of the members of such investigating committee, such fact shall be referred to the legislative coordinating council, and upon an affirmative vote of five of the members of the legislative coordinating council, such fact shall be referred to the speaker of the house of representatives or the president of the senate.
(d) Whenever facts are referred under this section to the speaker of the house of representatives or the president of the senate, such officer shall certify such facts to the attorney general, and the attorney general shall prosecute any such violation in the district court.
History: L. 1970, ch. 201, § 15; L. 1971, ch. 184, § 33; L. 1973, ch. 157, § 7; L. 1978, ch. 204, § 12; April 13.
Nothing in this act shall limit the legislature or either house thereof in their inherent powers, nor limit powers or procedures for impeachment.
History: L. 1970, ch. 201, § 16; March 26.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History: L. 1970, ch. 201, § 2; March 26.
There is hereby established the legislative post audit committee which shall consist of five senators and five members of the house of representatives. The five senator members shall be appointed as follows: Three by the president and two by the minority leader. The five representative members shall be appointed as follows: Three by the speaker and two by the minority leader. Each senate member appointed and each representative member appointed shall serve on the legislative post audit committee during such member's current term as a legislator and the officer so appointing shall notify promptly the post auditor and such committee of the appointment. A quorum of the committee shall be six. Except as otherwise specifically provided by law, all actions of the committee may be taken by a majority of those present when there is a quorum. At the commencement of each regular session of the legislature, the legislative post audit committee shall organize by electing a chairperson and a vice-chairperson who are not members of the same house of the legislature. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. The legislative post audit committee may meet at any time, at any place in the state on the call of the chairperson. The committee may introduce such legislation as it deems necessary in performing its duties under the legislative post audit act.
History: L. 1971, ch. 185, § 1; L. 1973, ch. 157, § 8; L. 1974, ch. 220, § 1; L. 1982, ch. 221, § 1; L. 1984, ch. 191, § 1; February 16.
There is hereby established the office of post auditor. The post auditor shall be appointed by the legislative post audit committee and shall serve under its direction. The post auditor may be removed from office by the affirmative vote of not less than seven members of the legislative post audit committee taken at any regular meeting of such committee. The post auditor shall be a person of extensive experience and recognized qualification in the field of governmental fiscal procedures and auditing. The post auditor shall be in the unclassified service and shall receive such compensation as is determined by the legislative coordinating council, except that such compensation may be increased but not diminished during such service. The legislative post audit committee may recommend to the legislative coordinating council changes in the compensation of the post auditor. The post auditor shall receive travel expenses and subsistence expenses and allowances as provided for members of the legislature in K.S.A. 75-3212 and amendments thereto when attending any authorized meeting or business outside the city of Topeka.
History: L. 1971, ch. 185, § 2; L. 1979, ch. 166, § 1; L. 1984, ch. 191, § 2; February 16.
(a) There is hereby established the division of post audit within the legislative branch of the government. The division of post audit shall be under the direct supervision of the post auditor in accordance with policies adopted by the legislative post audit committee.
(b) (1) Employees in the division of post audit shall be in the unclassified service, shall receive such compensation as is provided under this act and shall be covered by the state group health plan and Kansas public employees retirement system to the same extent as other state employees.
(2) Employees of the division of post audit shall receive travel expenses and subsistence expenses and allowances as provided for other state employees.
(3) Employees in the division of post audit shall be employed by and be responsible to the post auditor who shall fix the compensation of each such employee subject to approval of the legislative post audit committee and within budget and appropriations therefor.
(c) (1) The post auditor may require employees to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(2) If any person offered a position of employment in the division of post audit, including any person who contracts to work with the division of post audit is subject to a criminal history records check, such person shall be given a written notice that a criminal history records check is required. The post auditor may require such person to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(3) For the purposes of this subsection, "employee" means a person with a position of employment within the division of post audit or a person who contracts to work with or under the direction of the post auditor.
(d) The annual budget request of the division shall be prepared by the post auditor and the post auditor shall present it to the legislative post audit committee. The committee shall make any changes it desires in said budget request and then shall transmit it to the legislative coordinating council. Such council shall make any changes it desires in such budget request and upon approval of the budget request by the council, the post auditor shall submit it to the director of the budget as other budget requests are submitted.
History: L. 1971, ch. 185, § 3; L. 1974, ch. 220, § 2; L. 1979, ch. 166, § 2; L. 2012, ch. 20, § 1; L. 2015, ch. 30, § 1; L. 2024, ch. 15, § 34; July 1.
Members of the legislative post audit committee shall receive compensation, travel expenses and subsistence expenses and allowances as provided in K.S.A. 75-3212 and amendments thereto. All compensation and expenses of members of the legislative post audit committee arising out of activities as members of such committee shall be paid from appropriations made for the division of post audit. All compensation and expenses of the post auditor and employees of the division of post audit shall be paid from appropriations made for the division of post audit. All payrolls and vouchers for payment of amounts from appropriations made for the division of post audit shall be approved by the post auditor.
History: L. 1971, ch. 185, § 4; L. 1984, ch. 191, § 3; February 16.
History: L. 1971, ch. 185, § 5; Repealed, L. 1977, ch. 186, § 10; February 17.
(a) Audit work shall be conducted at each state agency at least once every three years as directed by the legislative post audit committee. Written reports on the results of such auditing shall be furnished to the governor, director of accounts and reports, director of the budget, the state agency that is audited, the legislative post audit committee and such other persons or agencies as may be required by law or by the specifications of the audit.
(b) The post auditor shall report immediately in writing to the legislative post audit committee, governor and attorney general whenever it appears in the opinion of the post auditor that there may have occurred any violation of penal statutes or any instances of misfeasance, malfeasance or nonfeasance by a public officer or employee disclosed by any audit or audit work conducted under the legislative post audit act or any audit conducted pursuant to K.S.A. 74-8774, 74-49,136, 75-37,152 or 75-37,153, and amendments thereto. The post auditor shall furnish the attorney general all information in the possession of the post auditor relative to any report referred to the attorney general. The attorney general shall institute and prosecute civil proceedings against any such delinquent officer or employee, or upon such officer or employee's official bond, or both, as may be needed to recover for the state any funds or other assets misappropriated. The attorney general shall also prosecute such ouster and criminal proceedings as the evidence in the case warrants. Any person receiving tax information under the provisions of this subsection shall be subject to the same duty of confidentiality imposed by law upon the personnel of the department of revenue and shall be subject to any civil or criminal penalties imposed by law for violations of such duty of confidentiality.
(c) The post auditor shall immediately report to the committee on surety bonds and insurance when any audit or audit work conducted under the legislative post audit act or any audit conducted pursuant to K.S.A. 74-8774, 74-49,136, 75-37,152 or 75-37,153, and amendments thereto, discloses a shortage in the accounts of any state agency, officer or employee.
(d) In the discharge of the duties imposed under the legislative post audit act, the post auditor may require state agencies to preserve and make available their accounts, records, documents, vouchers, requisitions, payrolls, canceled checks or vouchers and coupons, and other evidence of financial transactions.
(e) In the discharge of the duties imposed under the legislative post audit act, the post auditor or firm conducting any audit or audit work under the legislative post audit act shall have access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, of any person or state agency subject to the legislative post audit act or in the custody of any such person or state agency. Except as otherwise provided in this subsection, the post auditor or firm conducting any audit or audit work under the legislative post audit act and all employees and former employees of the division of post audit or firm performing any audit or audit work shall be subject to the same duty of confidentiality imposed by law on any such person or state agency with regard to any such books, accounts, records, files, documents and correspondence, and any information contained therein, and shall be subject to any civil or criminal penalties imposed by law for violations of such duty of confidentiality. The duty of confidentiality imposed on the post auditor and on firms conducting any audit or audit work under the legislative post audit act and all employees of the division of post audit and all employees of such firms shall be subject to the provisions of subsection (b), and the post auditor may furnish all such books, accounts, records, files, documents and correspondence, and any information contained therein to the attorney general pursuant to subsection (b). Upon receipt thereof, the attorney general and all assistant attorneys general and all other employees and former employees of the office of attorney general shall be subject to the same duty of confidentiality with the exceptions that any such information contained therein may be disclosed in civil proceedings, ouster proceedings and criminal proceedings which may be instituted and prosecuted by the attorney general in accordance with subsection (b), and any such books, accounts, records, files, documents and correspondence furnished to the attorney general in accordance with subsection (b) may be entered into evidence in any such proceedings. Nothing in this subsection shall be construed to supersede any requirement of federal law.
(f) Any firm or firms which develop information in the course of conducting any audit or audit work under the legislative post audit act which the post auditor is required to report under subsection (b) or (c) shall immediately report such information to the post auditor. The post auditor shall then make the report required in subsection (b) or (c).
History: L. 1971, ch. 185, § 6; L. 1974, ch. 220, § 3; L. 1974, ch. 364, § 5; L. 1976, ch. 232, § 2; L. 1977, ch. 186, § 2; L. 1979, ch. 63, § 2; L. 1980, ch. 153, § 9; L. 1981, ch. 210, § 1; L. 1984, ch. 191, § 4; L. 1984, ch. 192, § 1; L. 1988, ch. 184, § 1; L. 1998, ch. 161, § 2; L. 2003, ch. 4, § 1; L. 2005, ch. 68, § 2; L. 2013, ch. 75, § 1; L. 2014, ch. 54, § 2; L. 2018, ch. 89, § 21; July 1, 2019.
History: L. 1971, ch. 185, § 7; L. 1976, ch. 232, § 3; L. 1980, ch. 153, § 10; Repealed, L. 1988, ch. 184, § 9; July 1.
Audits shall be performed by the post auditor only on the direction of the legislative post audit committee. The legislative post audit committee may direct the post auditor to perform additional audits or audit work described in K.S.A. 46-1106, and amendments thereto, of any state agencies, or may direct that any additional audit of a state agency shall be performed to accomplish other objectives than those specified pursuant to K.S.A. 46-1106, and amendments thereto. The legislative post audit committee may direct that any such additional audits shall be conducted to determine:
(a) Whether any state agency is carrying out only those activities or programs authorized by the legislature; or
(b) whether the programs and activities of a state agency, or a particular program or activity, is being efficiently and effectively operated; or
(c) whether any new activity or program is being efficiently and effectively implemented in accordance with the intent of the legislature; or
(d) whether there is a need for change in any authorized activity or program of a state agency; or
(e) whether any reorganization of a state agency, or group of state agencies, is needed or justified to accomplish the results of programs or activities authorized by the legislature; or
(f) any combination of the purposes specified in this or any other section of the legislative post audit act.
History: L. 1971, ch. 185, § 8; L. 1976, ch. 232, § 4; L. 1988, ch. 184, § 2; L. 2018, ch. 89, § 22; July 1, 2019.
(a) In addition to other additional audits which the legislative post audit committee may direct, such committee may direct the audit of any state agency or agencies when so requested in writing by the governor or any member or committee of the legislature. Any such written request shall specify the desired object of the audit requested and the reasons therefor. In directing the post auditor to make any such requested additional audit of a state agency or agencies, the legislative post audit committee may modify the object and direct the details of the audit to be performed.
(b) In accordance with this subsection, the legislative post audit committee may reimburse travel mileage expense incurred by a member of the legislature to attend a meeting of the legislative post audit committee for the presentation of the report of a performance audit that was requested by such member of the legislature and performed at the direction of the legislative post audit committee. The reimbursement for such travel mileage expense shall be for each mile actually traveled by the usual route in going to and returning from the meeting of the legislative post audit committee at the rate fixed under K.S.A. 75-3203a, and amendments thereto, and shall be subject to any restrictions or limitations prescribed by rules adopted by the legislative post audit committee. In the case of a performance audit that was requested by any standing, special, select or joint committee of the legislature, the legislative post audit committee may reimburse travel mileage expense incurred by not more than two members of such committee and not more than one member of any political party. No travel mileage expense shall be reimbursed under this subsection for attendance at a legislative post audit committee meeting held during the time that the legislature is in session, unless the legislature has adjourned for a period of more than two days.
History: L. 1971, ch. 185, § 9; L. 2000, ch. 144, § 1; May 25.
History: L. 1971, ch. 185, § 10; Repealed, L. 1978, ch. 204, § 13; April 13.
History: L. 1971, ch. 185, § 11; Repealed, L. 1982, ch. 221, § 2; July 1.
As used in the legislative post audit act, unless the context otherwise requires:
(a) "Person" means an individual, proprietorship, partnership, limited partnership, association, trust, estate, business trust, group, or corporation, whether or not operated for profit, or a governmental agency, unit, or subdivision.
(b) "State agency" means any state office, officer, department, board, commission, institution, bureau, agency, or authority or any division or unit thereof.
(c) "Firm" means any individual, firm, partnership, corporation, association or other legal entity permitted by law to engage in practice as a certified public accountant.
History: L. 1974, ch. 215, § 1; L. 1977, ch. 186, § 3; L. 1980, ch. 153, § 11; L. 2018, ch. 89, § 23; July 1, 2019.
In addition to other audits which the legislative post audit committee may direct the post auditor and the division of post audit to make, such committee may direct the post auditor and division of post audit to make any audit authorized by K.S.A. 46-1114 either upon such committee's own initiative or such committee may so direct when so requested by a concurrent resolution of the legislature, the governor or any member or committee of the legislature. In directing the post auditor to make any such requested audit, such committee may modify the object and direct the details of the audit to be performed.
History: L. 1974, ch. 215, § 2; April 8.
(a) The legislative post audit committee is hereby authorized to direct the post auditor and the division of post audit to make an audit of any type described in K.S.A. 46-1106 or 46-1108, and amendments thereto, of any records or matters of any person specified in this section, and may direct the object in detail of any such audit.
(b) Upon receiving any such direction, the post auditor with the division of post audit, shall make such audit and shall have access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, to the same extent permitted under K.S.A. 46-1106(e), and amendments thereto, except that such access shall be subject to the limitations established under subsection (d).
(c) Audits authorized by this section are the following:
(1) Audit of any local subdivision of government or agency or instrumentality thereof which receives any distribution of moneys from or through the state.
(2) Audit of any person who receives any grant or gift from or through the state.
(3) Audit of the contract relationships and the fiscal records related thereto of any person who contracts with the state.
(4) Audit of any person who is regulated or licensed by any state agency or who operates or functions for the benefit of any state institution except that any audit of any person regulated by the state corporation commission shall address only compliance with laws or regulations, collection or remittance of taxes or fees, or other matters related directly to state government programs or functions. Any such audit authorized under this subsection shall not address corporate governance or financial issues except as they may relate directly to state government programs or functions. This subsection shall not apply to public utilities as described in K.S.A. 66-1,187(l), and amendments thereto.
(d) (1) Access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, as authorized under subsection (b) of any nongovernmental person audited under authority of subsection (c)(2) shall be limited to those books, accounts, records, files, documents and correspondence, confidential or otherwise, of such person to which the state governmental agency that administers the grant or gift and provides for the disbursement thereof is authorized under law to have access.
(2) Access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, as authorized under subsection (b) of any nongovernmental person audited under authority of subsection (c)(3) shall be limited to those books, accounts, records, files, documents and correspondence, confidential or otherwise, of such person to which the state governmental agency that contracts with such person is authorized under law to have access.
(3) Access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, as authorized under subsection (b) of any nongovernmental person audited under authority of subsection (c)(4) shall be limited to those books, accounts, records, files, documents and correspondence, confidential or otherwise, of such person to which the state governmental agency that regulates or licenses such person or the state institution on whose behalf such person operates or functions is authorized under law to have access.
(e) Notwithstanding any other provision of law, no public agency that is the subject of an audit pursuant to this section or any other law shall charge a fee for copies of or access to the records described in subsection (b).
History: L. 1974, ch. 215, § 3; L. 1977, ch. 186, § 4; L. 1984, ch. 192, § 2; L. 1988, ch. 184, § 3; L. 2004, ch. 136, § 1; L. 2018, ch. 89, § 24; L. 2021, ch. 5, § 1; July 1.
Whenever any person fails to make any books, accounts, contracts or records, files, documents and correspondence, confidential or otherwise, related to any of the foregoing available to the post auditor or to a firm performing any audit or audit work under the legislative post audit act or to any officer or employee of the division of post audit or of such firm within 30 days after a request therefor by the post auditor or firm or any such officer or employee of the post auditor or of such firm, and such person is entitled under any other statute to receive any state funds, such funds shall be withheld until such person has fully complied with such request. Whenever state funds are to be withheld under this section, the post auditor shall give written notice thereof to the director of accounts and reports, and such director shall issue no warrant for payment of state funds to such person until the post auditor has given such director written notice that such person has acceded to the request of the post auditor. The provisions of this section shall not affect any contract entered into prior to the effective date of this act to the extent that any impairment of such contract occurs.
History: L. 1974, ch. 215, § 4; L. 1984, ch. 191, § 5; L. 2018, ch. 89, § 25; July 1, 2019.
Failure to make records available for post audit is the intentional failure to make any books, accounts, contracts or records, files, documents and correspondence, confidential or otherwise, related to any of the foregoing available to the post auditor or to a firm performing any audit or audit work under the legislative post audit act or any officer or employee of the division of post audit or of such firm upon request of the post auditor or firm or any such officer or employee for the purpose of post audit as directed by the legislative post audit committee under authority of this act or as otherwise directed pursuant to law.
Failure to make records available for post audit is a class A misdemeanor.
History: L. 1974, ch. 215, § 5; L. 1984, ch. 191, § 6; L. 2018, ch. 89, § 26; July 1, 2019.
Venue of actions for violation of K.S.A. 46-1116 shall be in Shawnee county, Kansas.
History: L. 1974, ch. 215, § 6; April 8.
(a) (1) Except as otherwise provided by statute, whenever the post auditor performs any additional audit work for any state agency to satisfy federal government requirements, and incurs costs in addition to those attributable to the operations of the division of post audit in performance of other duties and responsibilities, the post auditor shall make charges for such additional costs.
(2) The legislative post audit committee may authorize the post auditor to perform additional audit work at the request of a state agency. Upon the authorization and in accordance with the direction of the legislative post audit committee, the post auditor may make charges for costs incurred for the performance of such audit work.
(3) The furnishing of any such audit services by the division of post audit shall be a transaction between the post auditor and the state agency receiving such services and such transaction shall be settled in accordance with the provisions of K.S.A. 75-5516, and amendments thereto.
(b) All moneys received for reimbursement to the division of post audit 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 audit services fund, which fund is hereby created in the state treasury. All expenditures from the audit services fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the post auditor or a person or persons designated by the post auditor.
History: L. 1976, ch. 232, § 1; L. 1977, ch. 186, § 5; L. 1980, ch. 153, § 12; L. 1987, ch. 200, § 1; L. 1988, ch. 184, § 4; L. 1992, ch. 218, § 10; L. 1993, ch. 9, § 1; L. 2001, ch. 5, § 156; L. 2012, ch. 74, § 1; L. 2014, ch. 54, § 3; L. 2018, ch. 89, § 27; July 1, 2019.
The provisions of K.S.A. 46-1101 through 46-1128 and K.S.A. 46-1129, and amendments thereto and any other acts contained in article 11 of chapter 46 of the Kansas Statutes Annotated, and any acts amendatory thereof or made specifically supplemental thereto, shall be construed together and may be cited as the legislative post audit act.
History: L. 1977, ch. 186, § 1; L. 1980, ch. 153, § 13; L. 1988, ch. 184, § 5; L. 2005, ch. 68, § 3; April 14.
(a) There is hereby created the contract audit committee which shall consist of the following members: (1) The chairperson of the legislative post audit committee or a person designated by the chairperson from among the members of the legislative post audit committee; (2) the vice-chairperson of the legislative post audit committee or a person designated by the vice-chairperson from among the members of the legislative post audit committee; (3) a member of the legislative post audit committee designated by majority vote of the legislative post audit committee; (4) the post auditor or a person designated by the post auditor; and (5) the secretary of administration or a person designated by the secretary of administration. The chairperson of the legislative post audit committee, or the person designated by the chairperson to serve as a member of the contract audit committee, shall be the chairperson of the contract audit committee. No more than two legislators who are members of the contract audit committee shall be members of the same political party.
(b) The contract audit committee shall be within the division of post audit as a part thereof. All budgeting, purchasing and related management functions of the contract audit committee shall be administered under the direction and supervision of the post auditor.
(c) The legislators who are members of the contract audit committee attending meetings of such committee, or attending a subcommittee meeting thereof authorized by such committee, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto upon vouchers approved by the post auditor or a person designated by the post auditor from appropriations made for the division of post audit.
(d) The contract audit committee shall meet on the call of the chairperson of such committee. A vote of three members of the contract audit committee shall be required for any action of the contract audit committee.
History: L. 1980, ch. 153, § 1; L. 1984, ch. 191, § 7; February 16.
(a) The federal audit committee is hereby abolished. All of the powers, duties, functions, records and property of the federal audit committee are hereby transferred to and conferred and imposed upon the contract audit committee created by this act. The contract audit committee shall be the successor in every way to the powers, duties and functions of the federal audit committee in which the same were vested prior to the effective date of this act.
(b) Whenever the federal audit committee, or words of like effect, are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the contract audit committee created by this act.
(c) All orders or directives of the federal audit committee in existence on the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the contract audit committee created by this act until revised, amended, repealed or nullified pursuant to law.
History: L. 1984, ch. 191, § 8; February 16.
History: L. 1980, ch. 153, § 2; L. 1984, ch. 191, § 9; L. 1987, ch. 200, § 2; L. 1988, ch. 184, § 6; L. 2001, ch. 5, § 157; L. 2012, ch. 74, § 2; Repealed, L. 2018, ch. 89, § 41; July 1, 2019.
If the legislative post audit committee specifies that a firm or firms is to perform an audit or audit work, such firm or firms shall be selected and shall perform such audit or audit work as provided in K.S.A. 46-1123, and amendments thereto, and K.S.A. 46-1125 through 46-1127, and amendments thereto. If the legislative post audit committee specifies that the post auditor is to perform such audit or audit work, the post auditor shall perform such audit or audit work as directed by the legislative post audit committee pursuant to K.S.A. 46-1106, and amendments thereto, and, if the audit or audit work is performed to comply with federal government audit requirements, in accordance with specifications for the conduct of such audit or audit work established by the contract audit committee.
History: L. 1980, ch. 153, § 3; L. 1984, ch. 191, § 10; L. 1988, ch. 184, § 7; L. 2018, ch. 89, § 28; July 1, 2019.
(a) In the procurement of a firm or firms to perform an audit or audit work, the post auditor shall encourage firms engaged in the lawful practice of their profession to place their names on the list maintained by the post auditor of bidders to receive invitations for bid on post audit contracts.
(b) The post auditor shall establish specifications, with the advice of the head of each state agency to be audited, for the conduct by a firm or firms of the audit. The specifications shall be used in preparing invitations for bid and evaluating the bids received.
(c) For audits to be performed by a firm or firms, the post auditor shall issue an invitation for bid to all firms who have requested to be on the bidders' list and others who request a copy after notice in the Kansas register. The invitation shall request information on the firm's qualifications, the qualifications of staff to be assigned to the job, the firm's technical approach to the audit and the fee. The post auditor shall evaluate the bids received in response to the invitations and for each audit shall prepare a list of at least three and not more than five firms which are, in the opinion of the post auditor, qualified to perform such audit. Such list shall be submitted to the contract audit committee.
(d) Two or more separate audits may be combined by the contract audit committee for the purpose of procuring audit services for all such audits from a single firm, and in each such case such combined audits shall be construed to be a single audit for all purposes under K.S.A. 46-1123, and amendments thereto, and K.S.A. 46-1125 through 46-1127, and amendments thereto.
History: L. 1980, ch. 153, § 4; L. 1984, ch. 191, § 11; L. 2018, ch. 89, § 29; July 1, 2019.
History: L. 1980, ch. 153, § 5; Repealed, L. 1984, ch. 191, § 15; February 16.
(a) The contract audit committee may conduct discussions with each of the firms submitted by the post auditor and then shall select a firm or firms from such listing to provide the audit in accordance with the legislative post audit act.
(b) The contract audit committee shall consider, in making their selection, qualifications of the firm and staff, the technical proposal and fee.
(c) If the contract audit committee is unable to contract with any of the selected firms, the contract audit committee shall request the post auditor to provide another list of firms to be reviewed by the contract audit committee and, upon receipt of such list, the contract audit committee shall proceed in accordance with the provisions of this section.
History: L. 1980, ch. 153, § 6; L. 1984, ch. 191, § 12; L. 2018, ch. 89, § 30; July 1, 2019.
(a) Each contract for an audit * state agency entered into under K.S.A.
46-1123 and
46-1125, and amendments thereto, shall be entered into between the post auditor and the firm selected to perform the audit. Each such contract shall require the firm selected to perform the audit to submit evidence which is satisfactory to the contract audit committee that the firm has general professional liability insurance or specific professional liability insurance which is adequate for such audit.
(b) In addition to the requirements in subsection (a), each such contract for audit services shall specify the responsibilities undertaken by the firm selected to perform such audit and that such firm shall be responsible for all material errors and omissions in the performance of such contract.
(c) Such contracts shall not be subject to the provisions of K.S.A.
75-3739, and amendments thereto.
History: L. 1980, ch. 153, § 7; L. 1984, ch. 191, § 13; L. 2018, ch. 89, § 31; July 1, 2019.
(a) The contract audit committee shall monitor the performance of the firm or firms conducting an audit pursuant to a contract entered into under K.S.A. 46-1126, and amendments thereto, to insure that such audit is performed in accordance with the specifications developed for the conduct of such audit. The firm or firms selected to perform such audit shall submit a written audit report at the conclusion of the audit to the post auditor who shall distribute the complete audit report to members of the legislative post audit committee, the governor, the director of accounts and reports, the director of the budget, the secretary of administration, any state agency which is audited and other persons or agencies as may be required by the specifications.
(b) In the performance of such audit, the officers and employees of the firm or firms performing the audit shall be subject to the same duty of confidentiality applicable to the post auditor and officers and employees of the division of post audit under the legislative post audit act and shall have access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, of any person or state agency subject to the audit.
History: L. 1980, ch. 153, § 8; L. 1984, ch. 191, § 14; L. 2018, ch. 89, § 32; July 1, 2019.
(a) Except as provided by subsections (b), (c) and (d) of this section and by K.S.A. 46-1106(b), (c) and (e), and amendments thereto, each audit report prepared by the division of post audit or by a firm under the legislative post audit act, and each finding, conclusion, opinion or recommendation contained in the audit report, shall be confidential and shall not be disclosed pursuant to the provisions of the open records act or under any other law until: (1) The time of the next scheduled meeting of the legislative post audit committee held after distribution of the report to members of such committee; or (2) the time of the next scheduled meeting of another legislative committee held after distribution of the report to the members of such committee as authorized by the legislative post audit committee.
(b) The legislative post audit committee may authorize a specific confidential distribution of any audit report, prior to any such presentation of the audit report, by motion adopted by the legislative post audit committee or by rule adopted by the committee, in accordance with such motion or rule. Each person who receives an audit report pursuant to any such motion or rule authorizing a specific confidential distribution of the audit report shall keep the audit report and each finding, conclusion, opinion or recommendation contained in the audit report confidential until the audit report is presented to the legislative post audit committee or another legislative committee at an open meeting of the committee.
(c) The post auditor, or the post auditor's designee may make a limited distribution of preliminary audit findings, conclusions or recommendations to any person affected by the audit as part of the process of conducting the audit. Such preliminary audit findings, conclusions, opinions or recommendations shall be confidential and shall not be subject to disclosure pursuant to the provisions of the open records act or any other law, except as provided in K.S.A. 46-1106(b), (c) and (e), and amendments thereto.
(d) The legislative post auditor may report in writing outside of a regularly scheduled meeting to the legislative post audit committee, the joint committee on information technology, and the chief information technology officers of the executive, legislative and judicial branches, when, in the opinion of the post auditor, it appears that an information technology project being audited under K.S.A. 46-1135, and amendments thereto, is at risk due to a failure to meet key milestones, or failure to receive sufficient deliverables after a contract payment, significant cost overruns, or when the post auditor finds the project is not being efficiently and effectively implemented in accordance with its original stated purpose and goals.
(e) As used in this section, "audit report" means the written report of any performance audit or any other audit or audit work conducted under the legislative post audit act by the division of post audit or by a firm under the legislative post audit act; and any other words and phrases used in this section shall have the meanings respectively ascribed thereto by K.S.A. 46-1112, and amendments thereto.
(f) This section shall be part of and supplemental to the legislative post audit act.
History: L. 1996, ch. 20, § 1; L. 2015, ch. 101, § 3; L. 2018, ch. 89, § 33; July 1, 2019.
(a) As used in this section:
(1) "Audit" means any financial-compliance audit, performance audit or any other audit or audit work conducted by the division of post audit or by a firm under the legislative post audit act;
(2) "survey" means any questionnaire or other survey instrument administered by the division of post audit or by a firm under the legislative post audit act for the purposes and in the course of an audit, regardless of form or characteristics; and
(3) any other words and phrases used in this section shall have the meanings respectively ascribed thereto by K.S.A. 46-1112, and amendments thereto.
(b) A response to any survey administered for the purposes and in the course of an audit approved by the legislative post audit committee shall be confidential and shall not be disclosed pursuant to the provisions of the open records act or under any other law except as required pursuant to the legislative post audit act. Nothing in this section shall limit the use of any information contained in responses to any survey by the division of post audit for the purposes of any audit or for any other purpose authorized or required under the legislative post audit act.
History: L. 2005, ch. 68, § 1; April 14.
History: L. 2005, ch. 152, § 4; Repealed, L. 2015, ch. 17, § 2; July 1.
History: L. 2005, ch. 152, § 3; L. 2005, ch. 2, § 13 (Special Session); Repealed, L. 2008, ch. 112, § 11; May 1.
History: L. 2005, ch. 152, § 5; Repealed, L. 2015, ch. 17, § 2; July 1.
History: L. 2013, ch. 77, § 1; L. 2016, ch. 7, § 1; Repealed, L. 2017, ch. 95, § 109; July 1.
History: L. 2014, ch. 54, § 1; Repealed, L. 2018, ch. 89, § 41; July 1, 2019.
(a) The legislative division of post audit shall conduct information technology audits as directed by the legislative post audit committee. Audit work performed under this section may include:
(1) Assessment of security practices of information technology systems maintained or administered by any state agency or any entity subject to audit under the provisions of K.S.A. 46-1114(c), and amendments thereto; and
(2) continuous audits of ongoing information technology projects by any state agency or any entity subject to audit under the provisions of K.S.A. 46-1114(c), and amendments thereto, including systems development and implementation.
(b) Written reports on the results of such auditing shall be furnished to:
(1) The entity which is being audited;
(2) the chief information technology officer of the branch of government that the entity being audited is part of;
(3) (A) the governor, if the entity being audited is an executive branch entity;
(B) the legislative coordinating council, if the entity being audited is a legislative entity; or
(C) the chief justice of the Kansas supreme court, if the entity being audited is a judicial entity;
(4) the legislative post audit committee;
(5) the joint committee on information technology; and
(6) such other persons or agencies as may be required by law or by the specifications of the audit or as otherwise directed by the legislative post audit committee.
(c) The provisions of K.S.A. 46-1106(e), and amendments thereto, shall apply to any audit or audit work conducted pursuant to this section.
(d) This section shall be part of and supplemental to the legislative post audit act.
History: L. 2015, ch. 101, § 1; L. 2016, ch. 18, § 1; L. 2018, ch. 89, § 34; July 1, 2019.
History: L. 2018, ch. 89, § 10; Repealed, L. 2024, ch. 41, § 3; July 1.
(a) Under the authority of this section and the legislative post audit act, and subject to appropriations therefor, the legislative post audit committee shall direct the post auditor and the division of post audit to conduct a systematic and comprehensive review, analysis and evaluation, under the provisions of the legislative post audit act, of all new economic development incentive programs, as defined in K.S.A. 2025 Supp. 74-50,226, and amendments thereto, that provide more than $50,000 of annual incentives from administering agencies, have not previously been audited pursuant to this section and have been recommended for review by either the house committee on commerce, labor and economic development or the senate committee on commerce as selected by the legislative post audit committee. The evaluation procedure established by this section is intended to enhance and facilitate the ability of the legislature to fulfill its responsibility to evaluate and oversee economic development incentive programs. The oversight of economic development incentive programs is intended to remain with the legislature, independent of the legislative post audit committee. This section shall not be construed to limit, in any way, oversight of economic development incentive programs to the legislative post audit committee.
(b) The evaluations shall be considered within the meaning of the term audit for purposes of the legislative post audit act and shall be conducted by the post auditor and the division of legislative post audit pursuant to a schedule developed by the legislative post audit committee, such that all new economic development incentive programs described in subsection (a) shall be reviewed four years after the program commences or, subject to subsection (c), not later than the fifth year after the program commences.
(c) The timing and extent of the evaluations may be subject to adjustment by the legislative post audit committee in a manner consistent with the intent of this section if necessary to conform with resources available to the post auditor in consideration of the demands of other duties under the legislative post audit act.
(d) In conducting such evaluations, the post auditor and the division of post audit shall have access to all books, accounts, records, files, documents and correspondence, confidential or otherwise, to the same extent permitted under K.S.A. 46-1106(e), and amendments thereto, and shall be subject to the same duty of confidentiality as provided by the legislative post audit act.
(e) Evaluations shall be conducted with the goal of enabling evidence-based policy determinations by the legislature with respect to economic development incentive programs. To the extent reasonably possible, evaluations shall utilize direct and documented evidence and primary-source instead of secondary source data. An evaluation shall include, as directed by the post audit committee:
(1) A description of the economic development incentive program, its history and its goals;
(2) a literature review of the effectiveness of this type of incentive program, including an inventory of similar incentive programs in other states;
(3) an estimate of the economic and fiscal impact of the incentive program;
This estimate may take into account the following considerations in addition to other relevant factors:
(A) The extent to which the incentive program changes business behavior;
(B) the results of the incentive program for the economy of Kansas as a whole, including both positive direct and indirect impacts and any negative effects on other Kansas businesses;
(C) a comparison with the results of other incentive programs or other economic development strategies with similar goals;
(D) an assessment of whether protections are in place to ensure that the fiscal impact of the incentive program does not substantially increase beyond the state's means or expectations in future years;
(E) an assessment of the incentive program's design and whether the incentive program is being effectively administered in accordance with the program's enacting statute or statutes;
(F) an assessment of whether the incentive program is achieving its goals;
(G) recommendations for any changes to state policy, rules and regulations or statutes that would allow the incentive program to be more easily or conclusively evaluated in the future. These recommendations may include changes to collection, reporting and sharing of data, and revisions or clarifications to the goals of the incentive program;
(H) a return on investment calculation for the economic development incentive program. For purposes of this paragraph, "return on investment calculation" means analyzing the cost to the state or political subdivision for providing the economic development incentive program and analyzing the benefits realized by the state or political subdivision from providing the economic development incentive program;
(I) the methodology and assumptions used in carrying out the reviews, analyses and evaluations required under this subsection, including an analysis of multiplier effects and a critique of the multiplier effect determination methodologies utilized in the evaluation report, including any determinations made using standard industry software models, and any respective limitations or potential effects of such methods on outcomes; and
(J) an analysis of significant opportunity costs of the incentive program at the state and local level;
(4) any other information that the legislative post audit committee deems necessary to assess the effectiveness of the incentive program and whether it is achieving the goals of the incentive program; and
(5) all information, after redaction, as necessary, by the post auditor to remove information confidential under state or federal law, required for publication pursuant to K.S.A. 2025 Supp. 74-50,227, and amendments thereto, with respect to the economic development incentive program being evaluated.
(f) The post auditor shall prepare and submit a written report with respect to each evaluation to the legislative post audit committee as provided by the legislative post audit act and, in addition, shall prepare and provide any redacted information, with respect to the economic incentive program evaluated, required for publication by the secretary of commerce pursuant to K.S.A. 2025 Supp. 74-50,227, and amendments thereto, to the secretary of commerce if such information is not otherwise available to the secretary of commerce.
(g) This section shall be a part of and supplemental to the legislative post audit act.
History: L. 2019, ch. 60, § 1; L. 2024, ch. 41, § 2; July 1.
(a) There is hereby established the legislative coordinating council which shall have eight members. Such members shall be the president of the senate, the speaker of the house of representatives, the vice president of the senate, the speaker pro tem of the house of representatives, the majority leader of the senate, the majority leader of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives.
(b) In even-numbered years, the speaker of the house of representatives shall be chairperson of the legislative coordinating council, and the president of the senate shall be vice chairperson. In odd-numbered years, the president of the senate shall be chairperson of the legislative coordinating council, and the speaker shall be vice chairperson.
(c) The legislative coordinating council shall meet at least once each month in the interim between legislative sessions. Such council shall meet on the call of the chairperson or any three members of the council. The director of legislative administrative services, director of legislative research, revisor of statutes and each member of the legislature shall be given notice of each meeting of the council by the chairperson, except in cases of emergency. Each such notice shall state the date, time and place of the meeting. The chairperson also shall cause minutes to be prepared for each meeting of the council, and a copy thereof shall be sent to each person who is required to receive notice of the council's meetings by this subsection. It shall not be necessary to transmit with such minutes any accompanying documents for any item of business, but the minutes shall indicate whether there are supportive documents for any item of business, the nature of such documents and where they are filed or stored.
History: L. 1971, ch. 184, § 1; L. 1973, ch. 157, § 9; L. 1976, ch. 233, § 1; L. 2021, ch. 7, § 3; March 25.
The legislative coordinating council shall have general authority over all legislative services and such authority shall be exercised by such council as it shall determine, except as otherwise provided by chapter 46 of Kansas Statutes Annotated. The legislative coordinating council shall represent the legislature when the legislature is not in session. The legislative coordinating council may adopt and amend rules applicable to its affairs or to the meetings and activities of special committees, standing committees or advisory committees, except that such rules shall not apply to standing committees meeting while the legislature is in session. When the legislature is not in session, the legislative coordinating council shall govern the mechanics and procedure of all legislative committee work and activities, except that of the interstate cooperation commission, legislative post-audit committee, state finance council and the ways and means of the senate and the committee on appropriations of the house of representatives when meeting under authority of K.S.A. 46-134a and amendments thereto. A majority vote of five members of the legislative coordinating council shall be required for any action of the council, except that action relating solely to one house of the legislature may be authorized by the unanimous vote of the members of the legislative coordinating council who are members of such house of the legislature.
History: L. 1971, ch. 184, § 2; L. 1973, ch. 211, § 1; L. 1975, ch. 275, § 2; L. 1987, ch. 196, § 7; February 19.
History: L. 1971, ch. 184, § 3; Repealed, L. 1975, ch. 271, § 11; February 3.
The legislative coordinating council shall be authorized to contract for purchases of personal property or services, and in the discretion of such council, the same may be made as provided in K.S.A. 75-3739 and amendments thereto. Such council may delegate such authority to make or contract for such purchases or services, except professional services, to the director of legislative administrative services. No member or committee of the legislature, except the legislative coordinating council, shall be authorized to employ or contract for professional services to be paid from appropriations for legislative expense or from appropriations to the legislative coordinating council. The legislative coordinating council may employ by contract and direct one or more attorneys, who are approved by a vote of ¾ of the members of the legislative coordinating council, to represent the legislature, either house thereof, the legislative coordinating council, any legislator, any officer or employee of the legislative branch or any combination of the foregoing, and any such attorney shall be paid from appropriations for legislative expense. No contract made under authority of this section shall require approval under any other statute. Commencing in the fiscal year that commenced in calendar year 1995 and at least once every six years thereafter, the legislative coordinating council shall employ by contract and direct an independent actuary, approved by a vote of 3/4 of the members of the legislative coordinating council, to conduct an actuarial audit and evaluation for the purposes enumerated by K.S.A. 2000 Supp. 74-4908a and amendments thereto. Such actuarial audit and evaluation shall be paid from appropriations for legislative expense or from appropriations to the legislative coordinating council.
History: L. 1971, ch. 184, § 4; L. 1973, ch. 211, § 2; L. 1975, ch. 271, § 5; L. 1995, ch. 267, § 30; July 1.
(a) There shall be three principal types of legislative study committees. One principal type of legislative study committee shall be known as "special committees." The legislative coordinating council shall appoint members of the legislature to serve as members of various special committees. From the members so appointed, the legislative coordinating council shall appoint one member as the chairman of that special committee and one member as vice-chairman thereof. A second principal type of legislative study committee shall be the individual standing committees of the house of representatives and senate.
(b) The legislative coordinating council may appoint, or authorize a special committee or a standing committee to appoint, one or more advisory committees. Whenever an advisory committee is appointed or authorized by the legislative coordinating council, the function and mode of operation of the advisory committee shall be prescribed by the legislative coordinating council.
(c) The third principal type of legislative study committee shall be known as "select committees." Select committees shall be created by resolution of the house of representatives, resolution of the senate or by concurrent resolution. Any such resolution or concurrent resolution shall specify the manner in which the membership of the select committee shall be selected, all of which shall be legislators. Any such resolution or concurrent resolution shall specify the subject to be studied, the time that report is to be made thereon and the manner of selection of the chairman and vice-chairman of the select committee, but shall not specify other incidents related to procedure for the study.
(d) Members of special committees and select committees shall be so appointed that the minority party has representation thereon.
History: L. 1971, ch. 184, § 5; May 1.
(a) Legislative studies shall be initiated in one of the ways specified in this section.
(b) The inherent power of the house of representatives or the senate to cause a legislative study to be made without the approval of the other house is recognized. Further, the inherent power of the two houses of the legislature to cause a legislative study to be made without the limitations prescribed in this act is also recognized.
(c) Concurrent resolutions of the legislature may direct the legislative coordinating council to provide for legislative studies to be made by special committees or standing committees. Any such resolution shall specify the subject to be studied and the time that report is to be made thereon, but shall not specify the composition of the special committee nor other incidents related to procedure for the study.
(d) The legislative budget committee, the legislative post-audit committee, the interstate cooperation commission and any other committee specifically authorized by statute to make a legislative study may initiate studies within the subject field of the committee within limitations prescribed by the authorizing statute.
(e) The legislative coordinating council may initiate legislative studies proposed by one or more of its members, and when so initiated shall refer each study to an appropriate special committee or standing committee.
(f) The legislative coordinating council shall refer each study initiated under subsection (c) of this section to an appropriate special committee or standing committee.
(g) Any one or more legislators, any legislative committee or the governor may request the legislative coordinating council to cause a legislative study to be made. If such council approves any such request, either in whole or in part, it shall refer the study to an appropriate special committee or standing committee.
History: L. 1971, ch. 184, § 6; L. 1975, ch. 271, § 6; February 3.
(a) Whenever a special committee, select committee or a standing committee is authorized to make a legislative study, it shall meet on the call of its chairman as authorized by the legislative coordinating council. At the conclusion of each legislative study, the special committee, select committee or standing committee making the same shall make a report together with its recommendations thereon to the legislature. A copy of each report shall be filed with the legislative coordinating council not later than December 1, unless an extension of time is granted by such council. Every such report shall be transmitted by the legislative coordinating council, without change, to both houses of the legislature. The legislative coordinating council may provide for any special committee report, standing committee report or any report of any other legislative committee to be printed or duplicated and distributed. Any such report, or the substance thereof, or a listing thereof, may be included in the annual report of the legislative coordinating council.
(b) The legislative coordinating council shall cause an annual report to be printed and published, and such report shall be entitled "report on Kansas legislative interim studies to the _____ legislature." Such report shall contain a statement of legislative study activities and such other information as is determined by the legislative coordinating council. Such report may be contained in one or more volumes, and shall ordinarily be published in December of each year.
History: L. 1971, ch. 184, § 7; May 1.
(a) The legislative coordinating council may provide for sale or other disposition of copies of any publication, document or other paper, information or record, regardless of form or characteristics, produced by or under the legislative branch, whether such copies are printed or reproduced in any other manner. Such council may fix charges for sale of any such copies, and such charges may include costs of mailing, reproduction and other expenses. Whenever such council provides for the sale of copies under this section, the same shall be sold and distributed by or through the director of legislative administrative services or such other state officer as such council specifies. All amounts received under this section by or for any such sales 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 legislative special revenue fund. The provisions of this section shall not apply to the sale or distribution of the Kansas Statutes Annotated, the session laws of Kansas or other publications, documents or papers the sale of which is specifically provided for by law.
(b) At the conclusion of each legislative session, the officers of each house may deposit for safekeeping with the secretary of state such legislative documents and other papers as they may determine.
(c) All moneys received by the director of legislative administrative services for the disposition of surplus property of any office or agency of the legislative branch shall be deposited in the state treasury to the credit of the legislative special revenue fund.
(d) The legislative coordinating council may provide for additional legislative stationery or other printed material supplies for members of the legislature to be provided at cost as determined by the council. All moneys received by the director of legislative administrative services under this subsection 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 legislative special revenue fund.
(e) Except as otherwise specifically provided by statute on or after the effective date of this act, all moneys received by the director of legislative administrative services on or after November 18, 1991, under this or any other statute 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 legislative special revenue fund and any such moneys deposited in the state treasury to the credit of the state general fund shall be transferred from the state general fund to the legislative special revenue fund by the director of accounts and reports upon certification by the director of legislative administrative services of the amount to be transferred.
History: L. 1974, ch. 217, § 1; L. 1975, ch. 276, § 1; L. 1992, ch. 8, § 1; L. 2001, ch. 5, § 158; July 1.
(a) There is hereby established the legislative budget committee which shall consist of seven members of the legislature appointed by the legislative coordinating council for terms ending on the first day of the regular legislative session in odd-numbered years. In making such appointments, preference shall be given to members of the ways and means committee of the senate and the committee on appropriations of the house of representatives. At least two of the members shall be of the minority party, at least one of whom shall be a senator and at least one of whom shall be a representative. The chairperson and the vice-chairperson of the legislative budget committee shall be appointed by the legislative coordinating council.
(b) During and between sessions of the legislature the legislative budget committee shall compile fiscal information and shall make a continuous study of the state budget, revenues and expenditures. The legislative budget committee shall also ascertain facts and make recommendations to the legislature and to the houses thereof concerning the state budget, the revenues and expenditures of the state, and of the organization and functions of the state, its departments, subdivisions and agencies with a view of reducing the cost of state government and securing greater efficiency and economy.
(c) Provisions of this act applicable to special committees shall apply to the legislative budget committee to the extent that the same do not conflict with the specific provisions of this act applicable to the legislative budget committee.
History: L. 1971, ch. 184, § 8; L. 1974, ch. 221, § 1; L. 1987, ch. 196, § 8; February 19.
History: L. 1974, ch. 216, § 1; L. 1985, ch. 179, § 1; L. 2001, ch. 215, § 16; L. 2005, ch. 152, § 9; Repealed, L. 2013, ch. 134, § 28; July 1.
History: L. 1976, ch. 87, § 22; Repealed, L. 2013, ch. 134, § 28; July 1.
History: L. 1999, ch. 147, § 25; Repealed, L. 2013, ch. 134, § 28; July 1.
History: L. 2007, ch. 182, § 1; Expired, December 31, 2008.
History: L. 2007, ch. 188, § 1; Repealed, L. 2013, ch. 134, § 28; July 1.
(a) Any member of the legislative coordinating council, when attending a meeting of such council, shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and acts amendatory thereof and supplemental thereto. Any member of a special committee, select committee or standing committee, when attending a meeting of such committee authorized by the legislative coordinating council, shall receive compensation and travel expenses and subsistence expenses or allowances as provided in said K.S.A. 75-3212. Any member of an advisory committee established by the legislative coordinating council, or any non-legislator member of any committee authorized to make a legislative study when attending a meeting of such committee authorized by the legislative coordinating council, shall receive travel expenses and subsistence expenses or allowances as provided by law for state employees, including mileage in the amount fixed according to law, for each mile traveled by the usual route in going to and returning from the place of meeting.
(b) Amounts paid under authority of this section shall be paid from appropriations for legislative expense or from appropriations to the legislative coordinating council as determined by the legislative coordinating council and in either event, vouchers therefor shall be prepared by the director of legislative administrative services and approved by the chairman or vice-chairman of the legislative coordinating council.
(c) Meetings of the legislative coordinating council, special committees, select committees and advisory committees shall be held in Topeka, Kansas, unless authorized to be held in a different place by the legislative coordinating council. Standing committee meetings shall be held in Topeka, Kansas, unless another place of meeting is authorized by the chairman or vice-chairman of the legislative coordinating council. The legislative coordinating council may authorize members of the legislature or any officer or employee of the office of revisor of statutes, legislative research department or other officer or employee of the legislative branch to attend in-state or out-of-state meetings for participation in matters of legislative interest to the state of Kansas. When attending a meeting so authorized, such members of the legislature shall receive compensation and travel expenses and subsistence expenses or allowances as provided in said K.S.A. 75-3212. Officers and employees of the legislature when traveling in-state or out-of-state shall receive the same subsistence expenses and allowances as is provided by law for members of the legislature.
History: L. 1971, ch. 184, § 9; L. 1973, ch. 211, § 3; L. 1975, ch. 271, § 7; February 3.
(a) There is hereby established the legislative research department whose head shall be the director of legislative research and who shall be appointed by the legislative coordinating council to serve under the direction of the council. The director of legislative research may be removed from office by a vote of five members of the legislative coordinating council taken at any regular meeting of such council. The director of legislative research shall receive such compensation as is determined by the legislative coordinating council. Such director, and any of such director's assistants specified by the legislative coordinating council, shall receive expenses and allowances for in-state and out-of-state travel as is provided by law for members of the legislature. Such director shall appoint such assistants and employees of the legislative research department as are authorized by the legislative coordinating council and set their compensation subject to the approval of such council. Such director and all assistants and employees of the legislative research department shall be in the unclassified service.
(b) The legislative research department shall perform legislative research functions and such other duties as are directed by the legislative coordinating council.
(c) The legislative research department shall provide staff services to all meetings of special committees, select committees, joint committees and standing committees when the legislature is not in session, and to the extent possible, accomplish the following:
(1) Assist each committee chairperson in planning the work of the committee, and in accordance with the chairperson's instructions prepare an agenda for each meeting.
(2) Appropriately notify committee members, staff and other interested persons of meeting times and other information as directed by the committee chairperson.
(3) Prepare and present research information in accordance with committee instructions or instructions of the committee chairperson.
(5)* Obtain attendance of persons for committee presentations or testimony. In cases of compulsory process, work with the office of revisor of statutes and office of attorney general to obtain satisfactory results.
(6)* Prepare interim reports of committee work when such reports are requested of a committee by the legislative coordinating council. Any such report shall have committee approval before transmission.
(7)* Prepare a final committee report in accordance with committee instructions. Such report shall include relevant information, committee policy recommendations, and to the extent possible, appropriate bill drafts prepared by the office of revisor of statutes.
(8)* Receive and analyze agency requests for appropriations and prepare fiscal information for appropriate legislative committees.
(d) Special committees, select committees and standing committees shall utilize such staff services as available in making all studies.
History: L. 1971, ch. 184, § 10; L. 1975, ch. 277, § 1; L. 2025, ch. 23, § 1; July 1.
(a) There is hereby established the office of revisor of statutes whose head shall be the revisor of statutes and who shall be appointed by the legislative coordinating council to serve under its direction. The revisor of statutes may be removed from office by a vote of five members of the legislative coordinating council taken at any regular meeting of such council. The revisor of statutes shall receive such compensation as is determined by the legislative coordinating council. The revisor of statutes, and any of the revisor of statutes' assistants specified by the legislative coordinating council, shall receive expenses and allowances for in-state and out-of-state travel as is provided by law for members of the legislature. The revisor of statutes shall appoint such assistants and employees of the office of revisor of statutes as are authorized by the legislative coordinating council and shall set their compensation subject to the approval of such council. The revisor of statutes and all assistants and employees of the office of revisor of statutes shall be in the unclassified service.
(b) The office of revisor of statutes shall perform the following functions: Drafting of bills, resolutions and other legislative documents; legal consultation for members of the legislature and legislative committees; legal research; supervise revisions and compilations of the general laws of this state; prepare and publish Kansas Statutes Annotated, Supplements thereto and publication of additional and replacement volumes thereof; recommend to the standing judiciary committees or to other appropriate legislative committees such bills as will tend to update or clarify existing laws; other duties as provided by law; and such other legal duties as are directed by the legislative coordinating council.
(c) The office of revisor of statutes, to the extent possible, shall provide a staff member in attendance at all meetings of all special committees, select committees and all standing committees when the legislature is not in session. Such staff member shall provide legislative legal consultation and bill drafting services, and shall suggest such technical changes in statutes and bill drafts as may be expedient to make the same more harmonious, clear or understandable, consistent with the policies espoused by such committee and within the subject field of its study. Such staff member shall also assist in legislative procedural matters as may be needed.
(d) Special committees, select committees and standing committees are expected to utilize the foregoing staff services to the extent the same are available in making all studies.
History: L. 1971, ch. 184, § 11; L. 1988, ch. 366, § 13; June 1.
The legislative coordinating council may delegate to the revisor of statutes, director of legislative administrative services and the director of legislative research, respectively, authority to authorize in-state or out-of-state travel of officers and employees of such office, division and department. The provisions of K.S.A. 75-3208 shall not apply to any travel authorized under article 12 of chapter 46 of Kansas Statutes Annotated.
History: L. 1973, ch. 211, § 4; L. 1975, ch. 271, § 8; February 3.
One of the functions of the state library shall be to provide library services to the legislative branch of state government.
Under the direction and supervision of the legislative coordinating council, and with due regard for avoiding unnecessary duplication of materials in the supreme court law library, the state librarian shall acquire and maintain for use in the state library such books, pamphlets, documents and periodicals as are determined by the legislative coordinating council to be essential and of singular importance in providing legislative research and legal and bill drafting services to the legislative research department, the office of the revisor of statutes, other offices of the legislative branch of government and to members of the legislature. Books, pamphlets, documents and periodicals determined by the legislative coordinating council to be essential to the legislative branch of government shall be maintained at a location approved by the legislative coordinating council. Pursuant to the authority granted by K.S.A. 20-156, the state law librarian shall make available on an indefinite loan to the state librarian such duplicate books, sets of works or other duplicate or temporary material in the supreme court law library as may be needed for use in the state library. In addition, the state librarian shall exchange such numbers of the legal publications of the state of Kansas, which are made available to him or her for such purpose, for such legal publications of other states and territories as may be needed for use in the state library.
The state librarian shall from time to time confer with the legislative coordinating council concerning services provided to the legislative branch of government.
History: L. 1971, ch. 184, § 12; L. 1974, ch. 135, § 13; L. 1977, ch. 187, § 1; July 1.
(a) There is hereby established the division of legislative administrative services whose head shall be the director of legislative administrative services and who shall be appointed by the legislative coordinating council to serve under the direction of the council. The director of legislative administrative services may be removed from office by a vote of five members of the legislative coordinating council taken at any regular meeting of such council. The director of legislative administrative services shall receive such compensation as is determined by the legislative coordinating council. Such director, and any of such director's assistants specified by the legislative coordinating council, shall receive expenses and allowances for in-state and out-of-state travel as is provided by law for members of the legislature. Such director shall appoint such assistants and employees of the division of legislative administrative services as are authorized by the legislative coordinating council and set their compensation subject to the approval of such council. Such director and all assistants and employees of the division of legislative administrative services shall be in the unclassified service.
(b) The division of legislative administrative services shall provide administrative staff services to and for the elected officers and the majority and minority leaders of the house of representatives and the senate and for the legislative branch, as directed by the legislative coordinating council, by performing the following functions:
(1) Acquiring legislative equipment, facilities and supplies.
(2) Administering the personnel documents and records of members of the legislature and employees of the legislative branch, except officers and employees of the legislative research department, office of revisor of statutes, division of post audit and such other legislative commissions as may be specifically excepted by law.
(3) Recruiting and supervising personnel for administrative and secretarial duties as specified by the legislative coordinating council.
(4) Prepare minutes of each special committee, select committee, joint committee and standing committee meeting, whether the legislature is in session or not in session, to show attendance of members of the legislature, disposition of agenda items, tentative and final committee decisions and staff instructions and such other matters as may be helpful to the work of the committee.
(5) Working with the legislative research department to provide notices in appropriate detail of legislative study committee meetings and such other matters as are directed by the legislative coordinating council.
(6) Performing such other duties as directed by the legislative coordinating council.
History: L. 1975, ch. 271, § 1; L. 2025, ch. 23, § 2; July 1.
(a) On the effective date of this act, such officers and employees as are engaged on said date in the performance of powers, duties and functions of the existing secretary of the joint committee on legislative services and facilities or his or her office shall become officers and employees of the division of legislative administrative services, and shall retain all retirement benefits which such officers or employees had before such transfer under the laws of this state, and their services shall be deemed to have been continuous.
(b) Whenever in the statutes of this state there is reference to the joint committee on legislative services and facilities or its secretary, such reference shall mean the legislative coordinating council or such officer or committee as it shall designate.
History: L. 1975, ch. 271, § 10; February 3.
(a) Any report, pamphlet, book or other materials required to be submitted by a state agency to the legislature or the members thereof pursuant to K.S.A. 19-2674, 20-320, 20-2204, 22-3710, 25-4119a, 40-2309, 44-566a, 44-1004, 46-408, 50-628, 65-176, 65-4007, 72-8261, 74-32,237, 74-5503, 74-6706, 75-3048, 75-5326, 75-5375, 79-1404 and 79-4301, and amendments thereto, to any of the foregoing sections, or pursuant to any other statute, in lieu of such submission, shall be submitted to the director of legislative administrative services in printed form or in the form of an electronic copy on a CD-ROM or other electronically readable media.
(b) Notwithstanding the provisions of the sections enumerated in subsection (a) or the provisions of any other statute, if a state agency which publishes any such report, pamphlet, book or other materials makes such report, pamphlet, book or other materials available to the public on the internet as provided under K.S.A. 75-3048, and amendments thereto, the state agency shall not be required to submit such report, pamphlet, book or other materials to the legislature or members thereof under the sections enumerated in subsection (a) or to the director of legislative administrative services under this section.
(c) Upon submission of any such report, pamphlet, book or other materials to the director of legislative administrative services, the director shall compile and maintain a current listing thereof and shall make such listing available at least monthly to each member of the legislature and the legislative research department. The director, upon request made therefor by any member of the legislature, shall make available any such report, pamphlet, book or other materials enumerated on such listing to such requesting member.
History: L. 1976, ch. 358, § 5; L. 1982, ch. 350, § 3; L. 1984, ch. 293, § 5; L. 1985, ch. 140, § 2; L. 2002, ch. 151, § 3; July 1.
The legislative coordinating council may employ such persons as may be necessary or appropriate to perform legislative work under the direction and supervision of the revisor of statutes, the secretary of state, the director of legislative administrative services, the state librarian or any other department or agency of the state or for the houses of the legislature jointly, subject to the provisions of subsections (b) and (c) of K.S.A. 46-152. The number of such employees, the officer to whom assigned and the rate of pay of each such employee position shall be prescribed by the legislative coordinating council.
History: L. 1971, ch. 184, § 13; L. 1975, ch. 271, § 9; L. 1977, ch. 187, § 3; July 1.
(a) The legislative coordinating council shall prepare and file its annual budget request in three parts; one for the office of revisor of statutes, one for the legislative research department and one for other expenses. The revisor of statutes and the director of legislative research shall separately prepare the annual budget requests applicable to their respective office and department, and transmit the same to the legislative coordinating council. Such council shall make any changes it desires in such budget requests and include the same, with any changes, in its annual budget request. Appropriations to the legislative coordinating council for the office of revisor of statutes and for the legislative research department shall be made as separate items of appropriation.
(b) The legislative coordinating council shall prepare an estimate of general legislative expenses for submission in the annual budget document for appropriations for legislative expenses. The estimate made under authority of this subsection shall be prepared and handled separately from budget documents prepared under subsection (a) of this section.
History: L. 1971, ch. 184, § 14; L. 1977, ch. 187, § 4; July 1.
Revisor's Note: Section transferred to 45-116.
(a) Expenditures from appropriations to the legislative coordinating council for the office of revisor of statutes shall be made on vouchers approved by the revisor of statutes. All claims for salaries, wages or other compensation to persons to be paid from appropriations to the legislative coordinating council for the office of revisor of statutes shall be certified as provided in K.S.A. 75-3731 by the revisor of statutes.
(b) Expenditures from appropriations to the legislative coordinating council for the legislative research department shall be made on vouchers approved by the director of legislative research. All claims for salaries, wages or other compensation to be paid from appropriations to the legislative coordinating council for the legislative research department shall be certified as provided in K.S.A. 75-3731 by the director of legislative research.
(c) Expenditures from appropriations to the legislative coordinating council for other than the office of revisor of statutes or legislative research department shall be made on vouchers approved by the chairman or vice-chairman of the legislative coordinating council. All claims for salaries, wages or other compensation from appropriations to the legislative coordinating council for other than the office of revisor of statutes or the legislative research department shall be certified as provided in K.S.A. 75-3731 by the chairman or vice-chairman of the legislative coordinating council.
History: L. 1971, ch. 184, § 16; May 1.
On the effective date of this act, such officers and employees as are engaged on said date in the performance of powers, duties and functions of the existing revisor of statutes, existing research department of the Kansas legislative council, or existing joint committee on legislative services and facilities shall become officers and employees of the office of revisor of statutes, legislative research department or of the legislature, as the case may be, and shall retain all retirement benefits which such officers or employees had before such transfer under the laws of this state, and their services shall be deemed to have been continuous.
History: L. 1971, ch. 184, § 17; May 1.
(a) The office of revisor of statutes established by this act shall be the successor in every way, with respect to the powers, duties and functions of the revisor of statutes in which the same were vested prior to the effective date of this act, except as otherwise provided by this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the revisor of statutes established by this act to which such powers, duties and functions are transferred by this act, shall be deemed to have the same force and effect as if performed by the revisor of statutes in whom such functions were vested prior to the effective date of this act. Whenever the revisor of statutes is referred to or designated by law, contract or other document, such reference or designation shall be deemed to apply to the revisor of statutes provided for by this act.
(b) All rules and regulations of state agencies lawfully filed with the revisor of statutes before the effective date of this act shall continue to be effective and shall be deemed to be duly filed with the revisor of statutes provided for by this act until revised, amended, repealed, or nullified pursuant to law.
(c) The office of revisor of statutes created by this act shall be a continuation of the office of revisor of statutes established under K.S.A. 77-301 and the revisor of statutes appointed in accordance with said section 77-301 shall be and continue as revisor of statutes under this act, until the legislative coordinating council exercises its appointing authority hereunder.
History: L. 1971, ch. 184, § 18; May 1.
Whenever the Kansas legislative council or the secretary of the Kansas legislative council is referred to or designated by law, contract or other document, such reference or designation shall be deemed to mean and apply to the legislative coordinating council created by this act. Whenever any such statute provides for submission of recommendations or reports, such council may refer the matter submitted to appropriate committees. Whenever the research department of the Kansas legislative council is referred to or designated by law, such reference or designation shall be deemed to mean and apply to the legislative research department established by this act.
History: L. 1971, ch. 184, § 19; May 1.
The legislative research department shall succeed to all records of the existing Kansas legislative council and shall also succeed to the file cabinets containing such records. The office of revisor of statutes shall succeed to all property and records of the existing revisor of statutes, except records held by the revisor of statutes as secretary of the Kansas legislative council. The office of revisor of statutes shall succeed to the equipment of the Kansas legislative council located in the office of revisor of statutes, except the file cabinets mentioned above. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the reorganization under this act, shall be determined by the legislative coordinating council.
History: L. 1971, ch. 184, § 20; May 1.
The provisions of this act shall not apply to the state finance council, the Kansas commission on interstate cooperation, the advisory committee to the Kansas commission on interstate cooperation, the motor vehicle reciprocity commission, the legislative post-audit committee or the Kansas judicial council, nor to any committee, delegate, member, officer or employee of any of the foregoing specified in this section when acting for or under authority thereof.
History: L. 1971, ch. 184, § 21; May 1.
History: L. 1974, ch. 211, § 1; Repealed, L. 2005, ch. 2, § 27 (Special Session); July 28.
(a) There is hereby established the office of legislative counsel. The legislative counsel shall be appointed by the legislative coordinating council and shall be an attorney in the private practice of law employed by the legislative coordinating council pursuant to a contract entered into by the legislative coordinating council and such attorney.
(b) No person shall be eligible for appointment as legislative counsel unless: (1) Such person has been admitted to practice law in Kansas for not less than five years prior to appointment; and (2) such person is admitted to practice in the federal court. In addition to the foregoing qualifications, in considering a person for appointment as legislative counsel the legislative coordinating council shall investigate such person's experience in legal research, trial and appellate practice and related areas in order that such person shall possess the experience and judgment deemed necessary to fulfill the duties and responsibilities of the office. The legislative coordinating council shall further make such investigation of a person considered for appointment as will ensure that such person is of high professional standing.
(c) No person who is a member of the legislature and no person who is a member or partner of a firm, partnership, corporation, limited liability company or other business entity of which a legislator is a member or partner shall be eligible for appointment as legislative counsel.
(d) The provisions of the contract entered into by the legislative coordinating council and the legislative counsel shall provide that the legislative counsel may be removed from the position and the contract terminated by a vote of five members of the legislative coordinating council taken at any regular meeting of the council. The legislative counsel shall receive compensation fixed by the legislative coordinating council in accordance with the contract. The contract shall provide for such other matters as the parties to the contract deem appropriate.
(e) Expenditures provided for in this act shall not be subject to approval under any other statute and shall be paid from appropriations for the legislature. No contract made under authority of this act shall require approval under any other statute.
(f) The legislative counsel shall represent the legislature, or either house thereof, in any school finance litigation or other cause or matter as directed by the legislative coordinating council. In cases of quo warranto and mandamus the legislative counsel shall have the same powers and standing in all courts of this state as any county attorney or district attorney has in such attorney's county or in the supreme court and as the attorney general has in any court. When the legislature is in session, either house thereof by its resolution, or both houses by concurrent resolution may authorize the legislative coordinating council to direct the legislative counsel to bring or participate in any cause or action by representing the legislature or either house thereof or the legislative coordinating council in any court of this state or of the United States. When the legislature is not in session, the legislative coordinating council may direct the legislative counsel to bring or participate in any cause or action by representing the legislature or either house thereof or the legislative coordinating council in any court of this state or of the United States in accordance with directions of the legislative coordinating council.
(g) The legislative counsel shall render unofficial advisory opinions upon such legal questions submitted by any member or any standing or special committee of the legislature, all in accordance with policies to be established by the legislative coordinating council. Upon direction of the legislative coordinating council, the legislative counsel shall act as counsel to special committees of the legislature and shall provide investigative assistance, conduct examination of witnesses and participate in committee hearings and deliberations as deemed necessary by the committee chairpersons.
(h) The legislative counsel shall perform such other duties as are directed by the legislative coordinating council.
History: L. 2005, ch. 2, § 9 (Special Session); July 28.
History: L. 1974, ch. 211, § 2; Repealed, L. 2005, ch. 2, § 27 (Special Session); July 28.
History: L. 1974, ch. 211, § 3; L. 1975, ch. 278, § 1; Repealed, L. 2005, ch. 2, § 27 (Special Session); July 28.
History: L. 2001, ch. 215, § 10; Repealed, L. 2005, ch. 152, § 45; July 1.
(a) Any cost study analysis, audit or other study commissioned or funded by the legislature and any conclusions or recommendations thereof shall not be binding upon the legislature. The legislature may reject, at any time, any such analysis, audit or study and any conclusions and recommendations thereof.
(b) A cost study analysis, audit or study shall include, but not be limited to, any cost study analysis, audit or study conducted pursuant to K.S.A. 46-1225, prior to its repeal, K.S.A. 2007 Supp. 46-1131, prior to its repeal, and K.S.A. 2014 Supp. 46-1132, prior to its repeal.
History: L. 2005, ch. 2, § 15 (Special Session); L. 2008, ch. 112, § 1; L. 2015, ch. 17, § 1; July 1.
History: L. 1972, ch. 300, § 2; Repealed, L. 1973, ch. 329, § 9; July 1.
(a) Except as provided in subsection (e), every person employed by the legislative branch of the state of Kansas on and after January 1, 1984, shall receive a monthly retirement benefit commencing on the first day of the month after the person has (1) attained age 65; (2) been employed by the legislative branch of the state of Kansas for 50 or more days in 10 or more calendar years; and (3) made application for such monthly retirement benefit to the Kansas public employees retirement system in the form and manner required by the retirement system. Such monthly retirement benefit shall be equal to the amount determined by multiplying $15 by the total number of years in which such person was employed by the legislative branch of the state of Kansas for 50 or more days. No benefit shall include service with the legislative branch of the state of Kansas which is credited under the Kansas public employees retirement system or any other retirement system of the state of Kansas, however, such service may be used in determining whether the person has been employed for 10 or more calendar years.
(b) The service described in subsection (a) may be used by members of the Kansas public employees retirement system in determining whether such individuals meet any service requirements under such system. Except as provided in K.S.A. 74-49a175 and amendments thereto, no benefit for service described in subsection (a) shall be the basis of any benefit paid under the Kansas public employees retirement system.
(c) No person's monthly retirement benefit under this section shall be increased for any period of employment with the legislative branch of the state of Kansas after applying for and commencing to receive such benefit, nor shall any benefit be forfeited for subsequent employment by the legislative branch of the state of Kansas, except as provided in K.S.A. 74-49a175 and amendments thereto. All benefits shall be paid from the Kansas public employees retirement fund. As soon as practical after the close of each fiscal year, the executive secretary of the Kansas public employees retirement system shall certify to the chairperson of the legislative coordinating council the amount of benefits paid under this section during the preceding fiscal year. The legislature shall pay to the Kansas public employees retirement fund from moneys appropriated to the legislature a sum equal to the amount of any benefits payable in the preceding fiscal year under the provisions of this section.
(d) In accordance with the provisions of this subsection, the legislative coordinating council may terminate the benefits under this section. If the legislative coordinating council decides to terminate benefits under this section, the chairperson of the council shall notify, in writing, the executive secretary of the Kansas public employees retirement system of such termination. Upon notification of termination of benefits under this section, no further benefits will be payable under the provisions of this section in any fiscal year which commences after the fiscal year in which notification of termination is given. Termination of benefits under this section shall not constitute a claim against the state of Kansas or the Kansas public employees retirement system by any person receiving a benefit under the provisions of this section or who would have been eligible to receive a benefit under the provisions of this section in the future.
(e) Any person who is first employed by the legislative branch of the state of Kansas prior to July 1, 1996, and who is employed on July 1, 1996, may elect prior to October 1, 1996, to be covered by the provisions of this section or the provisions relating to the deferred compensation plan as provided in K.S.A. 74-4911f and amendments thereto by filing an election in the office of the appointing authority of such person in such form and manner as prescribed by such appointing authority. In the event any such person fails to file the election provided in this subsection, it shall be presumed that such person has elected to be covered by the provisions of this section. Any person first employed by the legislative branch of the state of Kansas prior to July 1, 1996, who is not employed as such on July 1, 1996, may make the election provided in this section within 30 days of returning to such employment. No person first employed by the legislative branch of the state of Kansas on and after July 1, 1996, shall be eligible for any monthly retirement benefit under this section.
History: L. 1984, ch. 318, § 14; L. 1988, ch. 302, § 34; L. 1992, ch. 321, § 5; L. 1996, ch. 266, § 21; July 1.
Whenever any legislator wishes to petition the governor to call a special session of the legislature as provided in section 5 of article 1 of the constitution of the state of Kansas, he shall subscribe the form prescribed in this section, completed by insertion of the name of the governor and the date of the commencement of the special session. Such form shall be sworn to (or affirmed) before an officer authorized to administer oaths. Such form shall be substantially as follows:
State of Kansas, County of __________:
PETITION
To The Honorable ______________, Governor
State Capitol, Topeka, Kansas
You are hereby petitioned to call the Legislature into Special Session, such Special Session to commence at 10:00 a.m., __________, ________, 19:
______________,
Signature
Title and District Number
Subscribed and sworn to before me this __________ day of ________, 19.
Notary Public
(Seal)
My commission expires: ______________
History: L. 1974, ch. 212, § 1; July 1.
Whenever the governor receives petitions, in the form provided in K.S.A. 46-1401, properly executed by two-thirds of the members elected to each house of the legislature, petitioning him to call the legislature into special session at a particular time, and all being at the same particular time, he shall call the petitioned for special session to commence at the time so specified.
History: L. 1974, ch. 212, § 2; July 1.
Whenever petitions have been delivered to the governor, or to his official office in the state capitol, in accordance with K.S.A. 46-1402, and the governor fails to properly make the call required by K.S.A. 46-1402 and section 5 of article 1 of the constitution of the state of Kansas, the legislature shall convene at the time specified in such petitions. The first order of business of each house shall be to consider a concurrent resolution declaring the special session to be duly called. If two-thirds of all the members elected to each house shall approve such resolution, the special session shall be deemed to be duly called, notwithstanding the failure of the governor to properly make the required call.
History: L. 1974, ch. 212, § 3; July 1.
In accordance with any instructions given by the legislative coordinating council and as provided in this act, the revisor of statutes shall introduce in phases and supervise or operate, or both supervise and operate as may be appropriate, a comprehensive legislative information system. Such system shall initially be operated to accomplish computer search of existing statutes of Kansas and computer preparation of legislative bills and resolutions. In succeeding years, as may be convenient, such system shall encompass computer preparation of the following:
(a) Statutory search;
(b) search of other documents;
(c) bill and resolution preparation;
(d) printing (outside the office of revisor of statutes) of bills, resolutions and other documents within the legislative branch;
(e) preparation of such legislative documents as journals, calendars, bill locators, bill indexes and research materials;
(f) cathode ray tube display of any of the foregoing;
(g) preparation of session laws, statutes and other books; and
(h) printing (outside the office of revisor of statutes) of any or all of the foregoing.
History: L. 1974, ch. 213, § 1; L. 1988, ch. 366, § 14; June 1.
The computer central processing unit or units used to carry out the system operations described in K.S.A. 46-1501 shall be that of a state agency not within the legislative branch, but designated by the legislative coordinating council, or that of a vendor of computer services if no suitable state computer is available in the opinion of the legislative coordinating council. Printing from computer readable materials, whether tapes or another medium, shall be accomplished in the state printing plant, unless a different printer is indicated by the legislative coordinating council in any one or more instances.
History: L. 1974, ch. 213, § 2; March 20.
(a) The revisor of statutes shall contract in the name of the legislative coordinating council, and with approval of such council, for such computer programs and other computer services as cannot be suitably obtained from state agencies, and in like manner, the revisor shall acquire such computer and communications components as may be needed for this system. Purchases and other contracts authorized by the statutes contained in article 15 of chapter 46 of * Kansas Statutes Annotated, and amendments thereto, shall not be subject to K.S.A. 75-3739, and amendments thereto, nor shall the same be subject to approval under any statute other than those contained in article 15 of chapter 46 **. The executive chief information technology officer and the director of purchases shall render such assistance in implementation of this system as is requested by the legislative coordinating council or the revisor of statutes.
(b) When authorized by the legislative coordinating council, the revisor of statutes may provide to or share with any other state agency computer services through the operation of the comprehensive legislative information system. Such services may be provided without charge or, when directed by the council, shall be provided at cost as the same is determined by the council. The furnishing of computer services under this subsection (b) for which a charge is made shall be a transaction to be settled in accordance with the provisions of K.S.A.
75-5516, and amendments thereto. All receipts for charges made under this subsection (b) 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 legislative special revenue fund.
(c) When authorized by the legislative coordinating council, the revisor of statutes may provide information regarding legislation to state agencies and to private individuals, companies and organizations through access to the legislative information system. The primary purpose for the legislative information system shall be to provide necessary information and service to the legislature and offices of the legislative branch of government and the revisor of statutes shall impose such conditions and restrictions upon the receipt of information from such system by agencies, persons and organizations not a part of the legislative branch of government as may be necessary to protect such system and services for the purpose for which established. The legislative coordinating council may fix a charge for the receipt of information regarding legislation through access to the legislative information system by state agencies, private individuals, companies and organizations not a part of the legislative branch of government. Such charges shall be collected by the director of legislative administrative services upon certification by the revisor of statutes. All amounts received from charges imposed pursuant to this subsection 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 legislative special revenue fund.
History: L. 1974, ch. 213, § 3; L. 1977, ch. 188, § 1; L. 1980, ch. 284, § 31; L. 1984, ch. 193, § 1; L. 1984, ch. 323, § 15; L. 1992, ch. 8, § 2; L. 2001, ch. 5, § 159; L. 2013, ch. 62, § 2; July 1.
The purpose of the legislative committees shall be to:
(a) Facilitate the growth, diversification and expansion of existing enterprises and the creation by Kansans of new wealth-generating enterprises;
(b) promote economic diversification and innovation within the basic industries and sectors of the state;
(c) promote increased productivity and value added products, processes and services among wealth-generating enterprises, and the export of those goods and services created by small and large Kansas enterprises to the nation and world;
(d) maintain and revitalize economically depressed rural areas and urban neighborhoods by annually targeting scarce resources by size, sector and location to communities and enterprises of particular need and opportunity, and by working in close collaboration with local communities;
(e) protect and enhance the environmental quality of the state in ways consistent with dynamic economic growth; and
(f) promote and evaluate workforce development to meet the needs of the economy.
History: L. 1986, ch. 194, § 1; L. 2006, ch. 164, § 2; July 1.
There is hereby established a standing committee of the senate known as the senate committee on commerce. The members of the committee shall be appointed in the same manner as members of other standing committees of the senate. Laws and rules applicable to other standing committees of the senate shall apply to the senate commerce committee.
History: L. 1986, ch. 194, § 2; L. 1993, ch. 136, § 2; April 15.
There is hereby established a standing committee of the house of representatives known as the house committee on economic development. The members of the committee shall be appointed in the same manner as members of other standing committees of the house of representatives. Laws and rules applicable to other standing committees of the house of representatives shall apply to the house economic development committee.
History: L. 1986, ch. 194, § 3; May 22.
History: L. 1986, ch. 194, § 4; L. 1993, ch. 136, § 3; L. 1998, ch. 182, § 22; Repealed, L. 2013, ch. 134, § 28; July 1.
(a) There is hereby created the joint committee on state building construction which shall be within the legislative branch of state government and which shall be composed of five members of the senate and five members of the house of representatives. The five senate members shall be the chairperson of the committee on ways and means of the senate, or a member of the committee on ways and means of the senate appointed by the chairperson, two senators appointed by the president and two senators appointed by the minority leader. The five representative members shall be the chairperson of the committee on appropriations of the house of representatives, or a member of the committee on appropriations of the house of representatives appointed by the chairperson, two representatives appointed by the speaker and two representatives appointed by the minority leader.
(b) All members of the joint committee on state building construction shall serve for terms ending on the first day of the regular legislative session in odd-numbered years. The joint committee shall organize annually and elect a chairperson and vice-chairperson in accordance with this subsection. On and after the first day of the regular legislative session in odd-numbered years, the chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the senate members elected by the members of the joint committee and on and after the first day of the regular legislative session in even-numbered years, the chairperson shall be one of the senate members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee. The chairperson and vice-chairperson of the joint committee shall serve in such capacities until the first day of the regular legislative session in the ensuing year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of chairperson or vice-chairperson, a member of the joint committee, who is a member of the same house as the member who vacated the office, shall be elected by the members of the joint committee to fill such vacancy.
(c) A quorum of the joint committee on state building construction shall be six. All actions of the joint committee shall be taken by a majority of all of the members of the joint committee.
(d) The joint committee on state building construction may meet at any time and at any place within the state on the call of the chairperson.
(e) The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee on state building construction to the extent that the same do not conflict with the specific provisions of this act applicable to the joint committee.
(f) In accordance with K.S.A. 46-1204 and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee on state building construction.
(g) The joint committee on state building construction may introduce such legislation as it deems necessary in performing its functions.
History: L. 1978, ch. 337, § 10; L. 1983, ch. 176, § 1; L. 1985, ch. 180, § 1; L. 1987, ch. 196, § 9; L. 1998, ch. 182, § 23; L. 1999, ch. 139, § 1; May 20.
In addition to other powers and duties authorized or prescribed by law or by the legislative coordinating council, the joint committee on state building construction shall:
(a) Study all five-year capital improvement and facilities plans and capital improvement budget estimates which are submitted to the joint committee by state agencies in accordance with K.S.A. 75-3717b, and amendments thereto;
(b) make recommendations on all such five-year capital improvement and facilities plans and capital improvement budget estimates to the ways and means committee of the senate and the committee on appropriations of the house of representatives;
(c) study the progress and results of all capital improvement projects for the construction of buildings or for major repairs or improvements to buildings for state agencies; and
(d) make an annual report to the legislative coordinating council as provided in K.S.A. 46-1207, and amendments thereto, and such special reports to committees of the house of representatives and senate as are deemed appropriate by the joint committee.
History: L. 1978, ch. 337, § 11; L. 1987, ch. 196, § 10; L. 2012, ch. 77, § 1; July 1.
History: L. 1989, ch. 221, § 1; L. 1990, ch. 191, § 1; L. 1993, ch. 136, § 4; L. 2012, ch. 111, § 7; Repealed, L. 2013, ch. 134, § 28; July 1.
History: L. 1989, ch. 221, § 2; L. 1990, ch. 191, § 2; Repealed, L. 1992, ch. 59, § 1; July 1.
History: L. 1990, ch. 268, § 1; L. 1993, ch. 1, § 1; Repealed, L. 1994, ch. 355, § 14; May 19.
Revisor's Note: Act expired on July 1, 1997, see L. 1992, ch. 277, § 3.
History: L. 1992, ch. 277, § 3; Expired, July 1, 1997.
(a) There is hereby established the joint committee on information technology which shall be within the legislative branch of state government and which shall be composed of five members of the senate and five members of the house of representatives. Two of the senate members shall be appointed by the president of the senate, two of the senate members shall be appointed by the minority leader of the senate and one of the senate members shall be appointed by the chairperson of the committee on ways and means of the senate. Two of the representative members shall be appointed by the speaker of the house of representatives, two of the representative members shall be appointed by the minority leader of the house of representatives and one of the representative members shall be appointed by the chairperson of the committee on appropriations of the house of representatives. The members of the joint committee on information technology and the chairperson and vice-chairperson serving in such capacities on the effective date of this act shall continue serving as members and in such capacities, respectively, subject to the other provisions of this section.
(b) All members of the joint committee on information technology shall serve for terms ending on the first day of the regular legislative session in odd-numbered years. The joint committee shall organize annually and elect a chairperson and vice-chairperson in accordance with this subsection. On and after the first day of the regular legislative session in odd-numbered years, the chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the senate members elected by the members of the joint committee and, after the first day of the regular legislative session in even-numbered years, the chairperson shall be one of the senate members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee. The chairperson and vice-chairperson of the joint committee shall serve in such capacities until the first day of the regular legislative session in the ensuing year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of chairperson or vice-chairperson, a member of the joint committee, who is a member of the same house as the member who vacated the office, shall be elected by the members of the joint committee to fill such vacancy.
(c) A quorum of the joint committee on information technology shall be six. All actions of the joint committee shall be taken by a majority of all of the members of the joint committee.
(d) The joint committee on information technology may meet at any time and at any place within the state on the call of the chairperson.
(e) The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee on information technology to the extent that the same do not conflict with the specific provisions of this act applicable to the joint committee.
(f) In accordance with K.S.A. 46-1204 and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee on information technology.
(g) The joint committee on information technology may introduce such legislation as it deems necessary in performing its functions.
(h) (1) On the effective date of this act the joint committee on computers and telecommunications shall be and is hereby officially designated as the joint committee on information technology.
(2) On and after the effective date of this act, whenever the joint committee on computers and telecommunications, or words of like effect, is referred to or designated by a statute, contract or other document, created before the effective date of this act, the reference or designation shall mean and apply to the joint committee on information technology.
(3) Nothing in this act shall be construed as abolishing or reestablishing the joint committee on computers and telecommunications.
History: L. 1992, ch. 153, § 1; L. 1998, ch. 182, § 13; L. 1999, ch. 139, § 2; May 20.
In addition to other powers and duties authorized or prescribed by law or by the legislative coordinating council, the joint committee on information technology shall:
(a) Study the use by state agencies and institutions of computers, telecommunications and other information technologies;
(b) review new governmental computer hardware and software acquisition, information storage, transmission, processing and telecommunications technologies proposed by state agencies and institutions, and the implementation plans therefor, including all information technology project budget estimates and three-year strategic information technology plans that are submitted to the joint committee pursuant to K.S.A. 75-7210, and amendments thereto;
(c) advise and consult on all state agency information technology projects, as defined in K.S.A. 75-7201, and amendments thereto, that pose a significant business risk as determined by the information technology executive council's policies and in accordance with K.S.A. 75-7209, and amendments thereto;
(d) make recommendations on all such implementation plans, budget estimates, requests for proposals for information technology projects and three-year plans to the ways and means committee of the senate and the committee on appropriations of the house of representatives;
(e) study the progress and results of all newly implemented governmental computer hardware and software, information storage, transmission, processing and telecommunications technologies of state agencies and institutions including all information technology projects for state agencies which have been authorized or for which appropriations have been approved by the legislature; and
(f) make an annual report to the legislative coordinating council as provided in K.S.A. 46-1207, and amendments thereto, and such special reports to committees of the house of representatives and senate as are deemed appropriate by the joint committee.
History: L. 1992, ch. 153, § 2; L. 1998, ch. 182, § 14; L. 2023, ch. 75, § 2; July 1.
(a) There is hereby created the joint committee on pensions, investments and benefits which shall be composed of five senators and eight members of the house of representatives. The five senate members shall be the chairperson of the standing committee on ways and means of the senate, or a member of such committee appointed by the chairperson, two members appointed by the president and two members appointed by the minority leader. The eight representative members shall be the chairperson of the standing committee on appropriations of the house of representatives, or a member of such committee appointed by the chairperson, four members appointed by the speaker and three members appointed by the minority leader.
(b) All members of the joint committee on pensions, investments and benefits shall serve for terms ending on the first day of the regular legislative session in odd-numbered years. On and after the first day of the regular legislative session in odd-numbered years, the chairperson shall be one of the representative members of the joint committee selected by the speaker and the vice-chairperson shall be one of the senate members selected by the president and on and after the first day of the regular legislative session in even-numbered years, the chairperson shall be one of the senate members of the joint committee selected by the president and the vice-chairperson shall be one of the representative members of the joint committee selected by the speaker. The chairperson and vice-chairperson of the joint committee shall serve in such capacities until the first day of the regular legislative session in the ensuing year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson.
(c) The joint committee on pensions, investments and benefits shall meet at any time and at any place within the state on call of the chairperson. Members of the joint committee shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A.
75-3212, and amendments thereto, when attending meetings of such committee authorized by the legislative coordinating council.
(d) In accordance with K.S.A.
46-1204, and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee on pensions, investments and benefits.
(e) The joint committee on pensions, investments and benefits may introduce such legislation as deemed necessary in performing such committee's functions.
(f) The joint committee on pensions, investments and benefits shall:
(1) Monitor, review and make recommendations regarding investment policies and objectives formulated by the board of trustees of the Kansas public employees retirement system;
(2) review and make recommendations relating to benefits for members under the Kansas public employees retirement system;
(3) consider and make recommendations to the standing committee of the senate specified by the president of the senate relating to the confirmation of members of the board of trustees of the Kansas public employees retirement system appointed pursuant to K.S.A.
74-4905, and amendments thereto. The information provided by the Kansas bureau of investigation or other criminal justice agency pursuant to K.S.A.
74-4905(h), and amendments thereto, relating to the confirmation of members of the board to the standing committee of the senate specified by the president shall be forwarded by the Kansas bureau of investigation or such other criminal justice agency to such joint committee for such joint committee's consideration and other than conviction data, shall be confidential and shall not be disclosed except to members and employees of the joint committee as necessary to determine qualifications of such member. The committee, in accordance with K.S.A.
75-4319, and amendments thereto, shall recess for a closed or executive meeting to receive and discuss information received by the committee pursuant to this subsection;
(4) review and make recommendations relating to the inclusion of city and county correctional officers as eligible members of the Kansas police and firemen's retirement system; and
(5) review reports regarding working after retirement exceptions pursuant to K.S.A.
74-4914 and
74-4937, and amendments thereto. The joint committee may appoint a subcomittee to carry out the provisions of this subsection.
History: L. 1992, ch. 218, § 9; L. 1993, ch. 136, § 5; L. 1996, ch. 266, § 22; L. 1998, ch. 182, § 24; L. 2000, ch. 159, § 8; L. 2015, ch. 77, § 1; L. 2016, ch. 76, § 1; July 1.
History: L. 1992, ch. 218, § 9; L. 1993, ch. 136, § 5; L. 1996, ch. 266, § 22; L. 1998, ch. 201, § 7; Repealed, L. 2000, ch. 159, § 14; July 1.
As used in K.S.A. 46-2301 through 46-2304, and amendments thereto, and K.S.A. 2025 Supp. 46-2305, and amendments thereto:
(a) "Class III gaming" has the meaning provided by the Indian gaming regulatory act (25 U.S.C. 2701 et seq.).
(b) "Gaming compact" means a tribal-state compact regarding class III gaming as provided by section 11 of the Indian gaming regulatory act (25 U.S.C. 2710).
(c) "Committee" or "joint committee" means the joint committee on state-tribal relations.
History: L. 1993, ch. 4, § 1; L. 1999, ch. 139, § 3; L. 2022, ch. 91, § 23; July 1.
(a) Any request by a tribe for negotiation of a gaming compact with the state of Kansas, including a request for renegotiation of an existing gaming compact, received on or after the effective date of this act shall be submitted in writing to the governor.
(b) The governor or the governor's designated representatives are authorized to negotiate gaming compacts on behalf of the state of Kansas. At the conclusion of negotiations, the governor shall submit the proposed compact to the joint committee on state-tribal relations for the committee's recommendations as to approval or modification of the proposed compact.
(c) If the joint committee recommends modification of a proposed compact submitted by the governor, the governor or the governor's representatives may resume negotiations in accordance with the joint committee's recommendations and the modified proposed compact shall be submitted to the joint committee in the same manner as the original proposed compact. Within 5 days after receiving the joint committee's recommended modifications, the governor shall notify the joint committee, in writing, as to whether or not the governor has resumed negotiations. Within 10 days after receipt of notice that the governor has not resumed negotiations, or if the governor fails to notify the joint committee that the governor has resumed negotiations, the joint committee shall vote to recommend approval or rejection of the proposed compact or shall vote to make no recommendation on the proposed compact.
(d) (1) If the legislature is in session when the joint committee votes to recommend approval or rejection of a proposed compact or votes to make no recommendation on a proposed compact, as authorized by this section, the joint committee shall introduce in each house of the legislature, within five days after the joint committee's vote, a resolution approving the proposed compact as submitted by the governor.
(2) If the legislature is not in session when the joint committee votes to recommend approval or rejection of a proposed compact or votes to make no recommendation on a proposed compact, as authorized by this section, the joint committee shall introduce in each house of the legislature, within five days after the beginning of the next regular or special legislative session following the joint committee's vote, a resolution approving the proposed compact as submitted by the governor.
(3) Each resolution introduced pursuant to this section shall be accompanied by the report of the joint committee recommending that the resolution be adopted or not be adopted or reporting the resolution without recommendation. If, within 10 days after introduction of the resolutions, a majority of the members of each house votes to adopt the resolution introduced in such house, the proposed compact shall be considered to have been approved by the legislature and the governor is authorized to execute the compact on behalf of the state. Each house of the legislature shall vote on the resolution introduced in such house within 10 days after introduction unless the other house has already voted against adoption of the resolution introduced in such other house.
(4) The legislature shall not have the authority to amend or otherwise modify any proposed gaming compact.
(e) The attorney general shall be the legal counsel for the governor or the governor's representatives in negotiating a gaming compact under this section and for the joint committee in reviewing proposed compacts.
(f) A gaming compact negotiated on behalf of the state under this section shall contain:
(1) A provision recognizing the right of each party to the compact to request that the compact be renegotiated or replaced by a new compact, including the right of the legislature by concurrent resolution to request renegotiation or replacement of the compact, and providing the terms under which either party, including the legislature, may request a renegotiation or the negotiation of a new compact; and
(2) a provision that, in the event of a request for a renegotiation or a new compact, the existing compact will remain in effect until renegotiated or replaced.
(g) The governor or the governor's designated representatives and the attorney general shall report to the joint committee, at such times as requested by the joint committee, regarding gaming compacts negotiated and prospective negotiations.
History: L. 1993, ch. 4, § 2; L. 1999, ch. 139, § 4; L. 2005, ch. 49, § 1; July 1.
(a) The joint committee on gaming compacts is hereby reconstituted as the joint committee on state-tribal relations. The joint committee shall consist of 12 members as follows: (1) Five members of the senate and five members of the house of representatives; and (2) the governor or the governor's designee and the attorney general or the attorney general's designee. Of the members appointed from the senate, three shall be appointed by the president of the senate and two shall be appointed by the minority leader of the senate. Of the members appointed from the house of representatives, three shall be appointed by the speaker of the house of representatives and two by the minority leader of the house of representatives. All legislative members of the joint committee shall serve for terms ending on the first day of the regular legislative session in odd-numbered years.
(b) At the commencement of each regular session of the legislature, the governor or the governor's designee shall call an organizational meeting of the joint committee. The governor or the governor's designee shall serve as a temporary chairperson at the organizational meeting until a chairperson is elected as provided by this subsection. The members of the joint committee shall organize by electing from its membership a chairperson and a vice-chairperson. During odd-numbered years, the chairperson shall be a member from the senate and the vice-chairperson shall be a member from the house of representatives. During even-numbered years, the chairperson shall be a member from the house of representatives and the vice-chairperson shall be a member from the senate. The vice-chairperson shall exercise all of the powers and duties of the chairperson in the absence of the chairperson. The ranking minority member of the joint committee shall be the ranking minority member of the senate when the chairperson is a member of the senate or the ranking minority member of the house of representatives when the chairperson is a member of the house of representatives.
(c) A quorum of the joint committee on state-tribal relations shall be six members. Actions of the joint committee recommending that a resolution approving a proposed compact be adopted or not be adopted shall be only on the affirmative vote of eight or more members of the joint committee, at least four of whom shall be senators and at least four of whom shall be members of the house of representatives. Action of the joint committee to report without recommendation a resolution approving a compact may be on the affirmative vote of any five or more legislative members of the committee. The governor or the governor's designee and the attorney general or the attorney general's designee shall not have the power to vote on an action approving or disapproving a compact or an action to report without recommendation a resolution approving a compact. All other actions of the joint committee may be taken by a majority of those present when there is a quorum.
(d) The joint committee may meet at any time and at any place within the state on the call of the chairperson. The joint committee may appoint subcommittees as deemed appropriate. Members of the joint committee and subcommittees thereof shall receive compensation, travel, subsistence allowance and mileage as provided by K.S.A. 75-3212, and amendments thereto, when attending meetings of the joint committee or subcommittee thereof.
(e) The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee to the extent that the same do not conflict with the specific provisions of this act applicable to the joint committee.
(f) In accordance with K.S.A. 46-1204, and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee on state-tribal relations.
(g) The joint committee:
(1) May establish and transmit to the governor proposed guidelines reflecting the public policies and state interests, as embodied in the constitution, statutes and case law of the state of Kansas, consistent with the Indian gaming regulatory act, 25 U.S.C. § 2701 et seq., that the joint committee will consider in reviewing proposed compacts;
(2) may recommend to the governor that any gaming compact provide for the imposition and collection of state sales and excise taxes on sales of nongaming goods and services to persons other than tribal members and imposition and collection of state income tax on revenues derived from sales of nongaming goods and services;
(3) may hold public hearings on proposed gaming compacts submitted to the joint committee by the governor;
(4) shall recommend modification of proposed gaming compacts submitted by the governor and introduce resolutions approving proposed gaming compacts submitted by the governor and recommend that such resolutions be adopted or be not adopted, or report such resolutions without recommendation, and notify the governor, in writing, of the joint committee's action;
(5) shall meet, discuss and hold hearings on issues concerning state and tribal relations;
(6) may make recommendations on issues concerning state and tribal relations; and
(7) may introduce such legislation as deemed necessary in performing its functions.
History: L. 1993, ch. 4, § 3; L. 1999, ch. 139, § 5; L. 2001, ch. 72, § 1; L. 2022, ch. 33, § 1; July 1.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History: L. 1993, ch. 4, § 4; March 4.
If any federally recognized Indian tribe, as described in K.S.A. 74-9802(f), and amendments thereto, submits a request for negotiation of a gaming compact regarding sports wagering in accordance with K.S.A. 46-2302, and amendments thereto, the governor or the governor's designated representative shall negotiate in good faith with such Indian tribe to enter into such gaming compact.
History: L. 2022, ch. 91, § 18; L. 2023, ch. 44, § 1; April 27.
History: L. 1993, ch. 286, § 21; Repealed, L. 2006, ch. 59, § 2; July 1.
History: L. 1994, ch. 355, §§ 8 to 13; Repealed, L. 1999, ch. 60, § 2; July 1.
History: L. 1999, ch. 60, § 1; Repealed, L. 2008, ch. 110, § 5; July 1.
(a) There is hereby established the confirmation oversight committee which shall have six members. Except as provided by this subsection, members of the confirmation oversight committee shall be appointed in the manner provided by senate rule for the appointment of members of standing committees of the senate. The two major political parties shall have proportional representation on such committee. In the event application of the preceding sentence results in a fraction, the party having a fraction exceeding .5 shall receive representation as though such fraction were a whole number. One of the members of the committee shall be the majority leader, or the majority leader's designee, who shall be the chairperson. One of the members of the committee shall be the minority leader, or the minority leader's designee, who shall be the vice-chairperson. The committee shall meet on the call of the chairperson or any three members of the committee.
(b) If a vacancy occurs in an office or in the membership of a board, commission, council, committee, authority or other governmental body and the appointment to fill such vacancy is subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, the confirmation oversight committee may authorize, by a majority vote thereof, the person appointed to fill such vacancy to exercise the powers, duties and functions of the office until such appointment is confirmed by the senate in the manner provided by K.S.A. 75-4315b, and amendments thereto, at the next regular or special session of the legislature.
Prior to authorizing any person to exercise the powers, duties and functions of an office pursuant to this section, the confirmation oversight committee shall require such person to appear before the committee unless such person is being re-appointed to the same position.
(c) (1) If the confirmation oversight committee authorizes a person appointed to fill a vacancy to exercise the powers, duties and functions of an office as provided by this section, such person shall not be subject to confirmation by the senate if at the time of such person's appointment there is less than six months in the unexpired term of such.
(2) The provisions of this subsection shall not apply to appointments to the state board of regents.
History: L. 1995, ch. 241, § 1; L. 2007, ch. 177, § 18; L. 2008, ch. 121, § 5; July 1.
History: L. 1996, ch. 271, § 19; L. 1999, ch. 118, § 3; Repealed, L. 2011, ch. 108, § 2; July 1.
(a) There is hereby created the joint committee on corrections and juvenile justice oversight. On and after July 1, 2023, such committee shall be named the J. Russell (Russ) Jennings joint committee on corrections and juvenile justice oversight. The joint committee shall be within the legislative branch of state government and shall be composed of not more than seven members of the senate and seven members of the house of representatives.
(b) The senate members shall be appointed by the president and the minority leader. The two major political parties shall have proportional representation on such committee. In the event application of the preceding sentence results in a fraction, the party having a fraction exceeding 0.5 shall receive representation as though such fraction were a whole number.
(c) The seven representative members shall be appointed as follows:
(1) Two members shall be members of the majority party who are members of the house committee on appropriations and shall be appointed by the speaker;
(2) two members shall be members of the majority party who are members of the house committee on judiciary and shall be appointed by the speaker; and
(3) three members shall be members of the minority party who are members of the house committee on appropriations or the house committee on judiciary and shall be appointed by the minority leader.
(d) Any vacancy in the membership of the joint committee shall be filled by appointment in the manner prescribed by this section for the original appointment.
(e) All members of the joint committee shall serve for terms ending on the first day of the regular legislative session in odd-numbered years. The joint committee shall organize annually and elect a chairperson and vice-chairperson in accordance with this subsection. During odd-numbered years, the chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the senate members elected by the members of the joint committee. During even-numbered years, the chairperson shall be one of the senate members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of chairperson or vice-chairperson, a member of the joint committee, who is a member of the same house as the member who vacated the office, shall be elected by the members of the joint committee to fill such vacancy.
(f) A quorum of the joint committee shall be eight. All actions of the joint committee shall be by motion adopted by a majority of those present when there is a quorum.
(g) The joint committee may meet at any time and at any place within the state on the call of the chairperson, vice-chairperson and ranking minority member of the house of representatives when the chairperson is a representative or of the senate when the chairperson is a senator.
(h) The provisions of article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee to the extent that such provisions do not conflict with the specific provisions of this section applicable to the joint committee.
(i) In accordance with K.S.A. 46-1204, and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee.
(j) The joint committee may introduce such legislation as it deems necessary in performing its functions.
(k) In addition to other powers and duties authorized or prescribed by law or by the legislative coordinating council, the joint committee shall:
(1) Monitor the inmate population and review and study the programs, activities and plans of the department of corrections regarding the duties of the department of corrections that are prescribed by statute, including the implementation of expansion projects, the operation of correctional, food service and other programs for inmates, community corrections, parole and the condition and operation of the correctional institutions and other facilities under the control and supervision of the department of corrections;
(2) monitor the implementation of juvenile justice reform and the work of the juvenile justice oversight committee created in K.S.A. 75-52,161, and amendments thereto, including the responsibility for the care, custody, control and rehabilitation of juvenile offenders and the condition and operation of the state juvenile correctional facilities;
(3) review and study the adult correctional programs and activities and facilities of counties, cities and other local governmental entities, including the programs and activities of private entities operating community correctional programs and facilities and the condition and operation of jails and other local governmental facilities for the incarceration of adult offenders;
(4) review and study the juvenile offender programs and activities and facilities of counties, cities, school districts and other local governmental entities, including programs for the reduction and prevention of juvenile crime and delinquency, the programs and activities of private entities operating community juvenile programs and facilities and the condition and operation of local governmental residential or custodial facilities for the care, treatment or training of juvenile offenders; and
(5) make an annual report to the legislative coordinating council as provided in K.S.A. 46-1207, and amendments thereto, and such special reports to committees of the house of representatives and senate as are deemed appropriate by the joint committee.
History: L. 1997, ch. 156, § 114; L. 1999, ch. 156, § 21; L. 2003, ch. 27, § 1; L. 2006, ch. 193, § 2; L. 2014, ch. 115, § 197; L. 2023, ch. 21, § 1; July 1.
History: L. 1997, ch. 179, § 1; Repealed, L. 2023, ch. 21, § 4; July 1.
History: L. 1998, ch. 12, § 28; Repealed, L. 2000, ch. 100, § 1; July 1.
History: L. 1998, ch. 125, § 8; L. 2008, ch. 164, § 14; Repealed, L. 2013, ch. 134, § 28; July 1.
Revisor's Note: Statute was repealed as part of the enactment of the bill establishing the Legislative Compensation Commission, see 46-3102.
History: L. 1998, ch. 197, § 2; Repealed, L. 2023, ch. 69, § 10; May 4.
(a) There is created the legislative compensation commission consisting of nine members as follows:
(1) One member appointed by the speaker of the house of representatives. Such member appointed by the speaker shall be a former member of the legislature;
(2) one member appointed by the president of the senate. Such member appointed by the president shall be a former member of the legislature;
(3) one member appointed by the speaker pro tempore of the house of representatives;
(4) one member appointed by the vice president of the senate;
(5) one member appointed by the majority leader of the house of representatives;
(6) one member appointed by the majority leader of the senate;
(7) one member appointed by the minority leader of the house of representatives;
(8) one member appointed by the minority leader of the senate; and
(9) one member appointed by the governor.
(b) The initial member appointed by the speaker shall be appointed prior to August 1, 2023. All other initial members shall be appointed prior to September 1, 2023.
(c) No person shall be appointed to the commission who is a current member of the legislature, a current employee of the legislature or a registered lobbyist.
(d) The member appointed by the speaker shall serve as the first chairperson of the commission. The member appointed by the president shall serve as the first vice chairperson of the commission. Thereafter, the next chairperson to be appointed prior to August 1, 2026, shall be appointed by the president and the next vice chairperson to be appointed prior to September 1, 2026, shall be appointed by the speaker. The authority to appoint the chairperson and vice chairperson for future commissions shall alternate between the speaker and the president in similar manner as for the original appointments. Vacancies shall be filled in the same manner as for the original appointments.
(e) Any member of the commission shall be eligible for reappointment.
(f) The term of each appointment to the commission shall end upon the completion of the responsibilities of the commission pursuant to subsections (h) and (i).
(g) The commission shall meet upon call of the chairperson. A majority of the members of the commission shall constitute a quorum for the transaction of any business of the commission. Any action taken by the commission shall be by majority vote of the members present.
(h) The legislative compensation commission shall:
(1) Make a comprehensive study of the compensation, salary and retirement benefits of the members of the legislature;
(2) set the rates of compensation and salary for members of the legislature to be effective as provided in subsection (i); and
(3) make recommendations related to retirement benefits for members of the legislature.
(i) In 2023, the legislative compensation commission shall establish the rate of compensation and salary for services rendered by members of the legislature during the four-year period that commences on the first day of the term of office that commences on the first day of the legislative session in January of 2025. Such rate of compensation and salary established by the commission shall be submitted to the legislature on or before December 1, 2023. Such rate of compensation and salary established by the commission shall be the rate of compensation and salary for members of the legislature unless, prior to 30 days after the commencement of the legislative session next occurring after submission of such established rate of compensation and salary to the legislature, the legislature rejects such rate of compensation and salary by the adoption of a concurrent resolution. In the concurrent resolution that rejects such rate of compensation and salary, the legislature may include a requirement that the legislative compensation commission meet within 14 days after the adoption of the concurrent resolution by the legislature to set another rate of compensation and salary to be submitted to the legislature prior to 30 days after such adoption of the concurrent resolution. The legislature may reject such rate of compensation and salary by the adoption of a concurrent resolution prior to adjournment sine die of that legislative session. In the event of rejection by the legislature of the second rate of compensation and salary set by the commission, the rate of compensation and salary prevailing at the time of the previous session shall remain in effect.
(j) (1) New members of the commission shall be appointed in 2026 and every four years thereafter. The member designated as chairperson of the commission pursuant to subsection (d) shall be appointed prior to August 1 of such year. All other members of the commission shall be appointed prior to September 1 of such year.
(2) Commissions appointed in 2026 and thereafter may meet on call of the chairperson during the calendar year when appointed or the following calendar year. The commission shall set the rate of compensation and salary for members of the legislature to be effective during the four-year period that commences on the first day of the next commencing term of office of elected senators. The commission shall submit such rate of compensation and salary to the legislature on or before December 1 of the calendar year following the commission's appointment.
(3) The legislature may take such actions as provided in subsection (i) during the legislative session next occurring after the submission of such rate of compensation and salary as provided in paragraph (2).
(k) Members of the commission shall receive compensation, subsistence allowances, mileage and expenses as provided in K.S.A. 75-3223, and amendments thereto, when attending meetings of the commission.
History: L. 2023, ch. 69, § 1; May 4.
History: L. 2000, ch. 134, § 1; Repealed, L. 2011, ch. 108, § 2; July 1.
(a) There is hereby established a joint committee on Kansas security which shall consist of five members of the house of representatives and five members of the senate. Three of the members who are representatives shall be appointed by the speaker of the house of representatives, three members who are senators shall be appointed by the president of the senate, two members who are representatives shall be appointed by the minority leader of the house of representatives and two members who are senators shall be appointed by the minority leader of the senate. The speaker of the house of representatives shall designate a representative member to be chairperson or vice chairperson of the committee as provided by this section. The president of the senate shall designate a senator member to be chairperson or vice chairperson of the joint committee as provided by this section.
(b) The Kansas bureau of investigation shall conduct a criminal history record check and background investigation of all committee staff members of the legislative research department and the office of revisor of statutes in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
(c) A quorum of the joint committee on Kansas security shall be six. All actions of the committee may be taken by a majority of those present when there is a quorum. In odd-numbered years the chairperson of the joint committee shall be the designated member of the house of representatives from the convening of the regular session in that year until the convening of the regular session in the next ensuing year. In even-numbered years the chairperson of the joint committee shall be the designated member of the senate from the convening of the regular session of that year until the convening of the regular session of the next ensuing year. The vice chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson.
(d) The joint committee on Kansas security may meet at any time and at any place within the state on call of the chairperson. Members of the joint committee shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto, when attending meetings of such committee authorized by the legislative coordinating council.
(e) Amounts paid under authority of this section shall be paid from appropriations for legislative expense and vouchers therefor shall be prepared by the director of legislative administrative services and approved by the chairperson or vice chairperson of the legislative coordinating council.
(f) The joint committee on Kansas security may introduce such legislation as deemed necessary in performing such committee's functions.
(g) The joint committee on Kansas security shall have the services of the legislative research department, the office of revisor of statutes and other central legislative staff service agencies.
(h) The joint committee on Kansas security shall study, monitor, review and make recommendations for the following:
(1) Matters relating to the security of state officers or employees;
(2) security of buildings and property under the ownership or control of the state of Kansas;
(3) matters relating to the security of a public body or agency, public building or facility;
(4) matters relating to the security of the infrastructure of Kansas, including any information system; and
(5) measures for the improvement of security for the state of Kansas.
(i) The joint committee on Kansas security shall review and monitor federal moneys received by the state for the purposes of homeland security and other related security matters.
(j) The joint committee on Kansas security shall report to the legislature on or before December 31 each year any findings and recommendations concerning Kansas security which the joint committee deems appropriate.
History: L. 2004, ch. 134, § 1; L. 2024, ch. 15, § 35; July 1.
History: L. 2005, ch. 152, § 7; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 152, § 8; Repealed, L. 2015, ch. 4, § 81; July 1.
History: L. 2005, ch. 187, § 4; L. 2008, ch. 164, § 15; L. 2012, ch. 102, § 22; Repealed, L. 2013, ch. 94, § 3; July 1.
History: L. 2008, ch. 159, § 11; Expired, July 1, 2014.
History: L. 2008, ch. 174, § 4; Repealed, L. 2013, ch. 134, § 28; July 1.
History: L. 2009, ch. 141, § 28; Repealed, L. 2011, ch. 108, § 2; July 1.
History: L. 2009, ch. 132, § 1; Expired, January 1, 2010.
(a) There is hereby established the joint committee on child welfare system oversight. The joint committee shall review:
(1) Data on child maltreatment and demographic trends impacting the child welfare system;
(2) the duties, responsibilities and contributions of the Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment, the department of corrections, law enforcement and the judicial branch that comprise and impact the child welfare system;
(3) the programs, services and benefits offered directly or through grants or contracts by the Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment and the judicial branch that impact children and families at risk of becoming involved or who are involved in the child welfare system, including:
(A) Child maltreatment prevention;
(B) investigations of child maltreatment;
(C) in-home family services, including services offered through federal prevention and family preservation funding; and
(D) foster care, reintegration and adoption services;
(4) trends, performance outcomes, activities and improvement plans related to the federal child and family services reviews;
(5) reports from child welfare-related groups, including, but not limited to, citizen review panels, the Kansas supreme court permanency planning task force, the Kansas children's cabinet and any interim study committees or work groups authorized by the Kansas legislature;
(6) implementation of the 2019 child welfare system task force report recommendations, including top-tier recommendations related to the child welfare workforce, data technology, access to behavioral healthcare for high-risk youth and implementation of the federal family first prevention services act;
(7) reports on concerns received from the Kansas department for children and families child welfare ombudsman or customer service department or similar office;
(8) opportunities for Kansas to strengthen the child welfare system through evidence-based interventions and services for children and families;
(9) data and trends on family foster home licenses issued pursuant to K.S.A.
65-516(b), and amendments thereto;
(10) the exception to state child death review board confidentiality for city or county entities with the express purpose of providing local review of child deaths pursuant to K.S.A.
22a-243, and amendments thereto; and
(11) any other topic the joint committee deems appropriate.
(b) The joint committee shall consist of 13 members of the legislature appointed as follows:
(1) Two members of the house of representatives standing committee on children and seniors appointed by the speaker of the house of representatives;
(2) one member of the house of representatives standing committee on children and seniors appointed by the minority leader of the house of representatives;
(3) two members of the senate standing committee on public health and welfare appointed by the president of the senate;
(4) one member of the senate standing committee on public health and welfare appointed by the minority leader of the senate;
(5) two members of the house of representatives appointed by the speaker of the house of representatives;
(6) one member of the house of representatives appointed by the minority leader of the house of representatives;
(7) two members of the senate appointed by the president of the senate;
(8) one member of the senate appointed by the minority leader of the senate; and
(9) one member of the house of representatives appointed by the majority leader of the house of representatives.
(c) Members shall be appointed for terms coinciding with the legislative terms for which such members are elected or appointed. All members appointed to fill vacancies in the membership of the joint committee and all members appointed to succeed members appointed to the membership on the joint committee shall be appointed in the manner provided for the original appointment of the member succeeded.
(d) (1) Within 30 days of the effective date of this section, the first chairperson of the joint committee shall be appointed by the president of the senate from among the members of the joint committee appointed by the president of the senate. The chairperson and vice-chairperson of the joint committee shall alternate annually between the members appointed by the president of the senate and the speaker of the house of representatives.
(2) The speaker of the house of representatives shall designate a representative member to be the chairperson or the vice-chairperson of the joint committee as provided in this section. The president of the senate shall designate a senator member to be the chairperson or the vice-chairperson of the joint committee as provided in this section. The ranking minority member shall be from the same chamber as the chairperson. The minority leader of the senate shall designate a senator member to the the* ranking minority member of the joint committee as provided in this section. The minority leader of the house of representatives shall designate a representative member to be the ranking minority member of the joint committee as provided in this section.
(e) The members originally appointed as members of the joint committee shall meet upon the call of the chairperson on or after January 1, 2021. Thereafter, the joint committee shall meet at least once during each of the first and second calendar quarters when the legislature is in regular session and at least once during each of the third and fourth calendar quarters, on the call of the chairperson, but not to exceed six meetings in a calendar year.
(f) Seven members of the joint committee shall constitute a quorum.
(g) At the beginning of each regular session of the legislature, the joint committee shall submit to the president of the senate, the speaker of the house of representatives, the house standing committee on children and seniors and the senate standing committee on public health and welfare a written report that shall include recommended changes to current laws, rules and regulations and policies regarding the safety and well-being of children in the child welfare system in the state of Kansas.
(h) Members of the joint committee shall be paid compensation, amounts for travel expenses and subsistence expenses or allowances as provided in K.S.A.
75-3212, and amendments thereto, for attendance at any meeting of the joint committee or any subcommittee meeting authorized by the committee.
(i) In accordance with K.S.A.
46-1204, and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee.
(j) The joint committee may make recommendations and introduce legislation as it deems necessary in performing its functions.
History: L. 2021, ch. 111, § 1; June 3.
(a) There is hereby created the joint committee on fiduciary financial institutions oversight, which shall be composed of four senators and five members of the house of representatives. The four senate members shall be the chairperson of the standing committee on financial institutions and insurance of the senate, or a member of such committee appointed by the chairperson, two members appointed by the president of the senate and one member appointed by the minority leader of the senate. The five representative members shall be the chairperson of the standing committee on financial institutions and rural development of the house of representatives, or a member of such committee appointed by the chairperson, two members appointed by the speaker of the house of representatives and two members appointed by the minority leader of the house of representatives.
(b) All members of the joint committee on fiduciary financial institutions oversight shall serve for terms ending on the first day of the regular legislative session in odd-numbered years. On and after the first day of the regular legislative session in odd-numbered years, the chairperson shall be one of the representative members of the joint committee selected by the speaker of the house of representatives, and the vice chairperson shall be one of the senate members selected by the president of the senate. On and after the first day of the regular legislative session in even-numbered years, the chairperson shall be one of the senate members of the joint committee selected by the president of the senate and the vice chairperson shall be one of the representative members of the joint committee selected by the speaker of the house of representatives. The chairperson and vice chairperson of the joint committee shall serve in such capacities until the first day of the regular legislative session in the ensuing year. The vice chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson.
(c) A quorum of the joint committee on fiduciary financial institutions oversight shall be a majority of the members. The joint committee on fiduciary financial institutions oversight shall meet at any time and at any place within the state on call of the chairperson. Members of the joint committee shall receive compensation, travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto, when attending meetings of such committee authorized by the legislative coordinating council.
(d) In accordance with K.S.A. 46-1204, and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee on fiduciary financial institutions oversight.
(e) The joint committee on fiduciary financial institutions oversight may introduce such legislation as deemed necessary in performing such committee's functions.
(f) The joint committee on fiduciary financial institutions oversight shall:
(1) Monitor, review and make recommendations regarding fiduciary financial institutions' operations in the state of Kansas;
(2) monitor, review and make recommendations regarding the fiduciary financial institutions pilot program established in K.S.A. 9-2325, and amendments thereto; and
(3) receive a report from the office of the state bank commissioner prior to December 31, 2021, providing an update on the implementation of the technology-enabled fiduciary financial institutions act and the pilot program established in K.S.A. 9-2325, and amendments thereto. Such report shall include recommendations from the office of the state bank commissioner for any legislation necessary to implement the provisions of the technology-enabled fiduciary financial institutions act.
(g) The office of the state bank commissioner shall appear annually before the joint committee and shall present a report on the fiduciary financial institution industry.
History: L. 2021, ch. 80, § 29; July 1.
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