Read the full stored bill text
Session of 2025
SENATE BILL No. 286
By Committee on Federal and State Affairs
3-4
AN ACT concerning the state governmental ethics law; relating to the
definitions of lobbying and lobbyist; providing for a new definition of
lobbying client; amending K.S.A. 46-222 and 46-225 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) "Lobbying client" means any person or entity that
employs or retains another person for financial or other compensation to
conduct lobbying activities on behalf of such person or entity. A person or
entity whose employees act as lobbyists on such person's or entity's behalf
is both a lobbying client and an employer of such employees. In the case
of a coalition or association that employs or retains other persons to
conduct lobbying activities, the lobbying client is the coalition or
association and not its individual members.
(b) This section shall be a part of and supplemental to the state
governmental ethics law.
Sec. 2. K.S.A. 46-222 is hereby amended to read as follows: 46-222.
(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 and who is compensated at least as much annually as an elected
member of the legislature;
(3) any person who makes expenditures in an aggregate amount of
$1,000 or more is retained by another person for financial or other
compensation to conduct lobbying activities on behalf of such person or
entity and receives at least $5,000 in financial or other compensation from
such person for such lobbying activities , exclusive of excluding 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 does not include:
(1) Any state officer or employee engaged in carrying out the duties
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
SB 286 2
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 that has qualified under 501 (c)
(3)(a) 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 or its members ,
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 if 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 if such member is engaged in
performing a function or duty for such council, commission or board.
Sec. 3. K.S.A. 46-225 is hereby amended to read as follows: 46-225.
(a) Except as otherwise provided, "lobbying" means:
(1) Promoting or opposing in any manner action or nonaction by the
legislature on any legislative matterProviding any oral or written
communication by an individual, including electronic communication, that
is made on behalf of a lobbying client to a member of the legislature,
elected officer of either chamber of the legislature, any employee of a
member of the legislature, any employee of a committee of the legislature
and any employee of the leadership staff of the legislature with regard to
the formulation, modification or adoption of legislation;
(2) promoting or opposing in any manner an action or nonaction
byproviding any oral or written communication by an individual,
including electronic communication, that is made on behalf of a lobbying
client to the governor or the head of any executive agency on any
executive administrative matter;
(3) promoting or opposing in any manner an action or nonaction
byproviding any oral or written communication by an individual,
including electronic communication, that is made on behalf of a lobbying
client to 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 286 3
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)(b) "Lobbying" does not include:
(1) Any expenditure from amounts appropriated by the legislature for
official hospitality.;
(d)(2) "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)(3) "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)(4) 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)(5) 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)(6) communications among and between members of the
legislature or executive or judicial officials or employees;
(4)(7) 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)(8) communications regarding a contract, lease or agreement of
$5,000 or less;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 286 4
(6)(9) 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)(10) 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; or
(11) a communication that is:
(A) Made by a public official acting in the public official's official
capacity;
(B) made by a representative of a media organization if the purpose
of the communication is gathering and disseminating news and
information to the public;
(C) made in a speech, article, publication or other material that is
distributed and made available to the public, or through radio, television,
cable television, internet or other medium of mass communication;
(D) a request for a meeting, a request for the status of an action, or
any other similar administrative request, if the request does not include an
attempt to influence official action;
(E) testimony given before a committee or task force, or submitted for
inclusion in the public record of a hearing conducted by such committee
or task force;
(F) information provided in writing in response to an oral or written
request by the legislature, governor, any executive agency or any judicial
agency for specific information; or
(G) made in response to any matter covered by the rules and
regulations filing act.
(c) No legislator may be hired as a lobbyist to represent anyone
before any state agency.
(h)(d) As used in this section,:
(1) "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)(2) 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.;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 286 5
(j)(3) 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)(4) 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.; and
(l)(5) 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.
Sec. 4. K.S.A. 46-222 and 46-225 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20