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46-222. "Lobbyist" defined; exceptions. (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.

Law Review and Bar Journal References:

"Compelled Cost Disclosure of Grass Roots Lobbying Expenses: Necessary Government Voyeurism or Chilled Political Speech?" Ron Smith, 6 Kan. J.L. & Pub. Pol'y, No. 1, 115 (1996).

Governmental Ethics Commission Opinions:

Lobbying and lobbyist; providing legislative information on-line for promotion or opposition of legislation. 96-32.

Lobbying; superintendent of U.S.D.; group formed by school districts to meet with and host dinners where teachers, students and parents meet with legislators. 97-52.

Computer websites which contain political viewpoints; need to register as lobbyist. 1999-48.

Representative of public instrumentality not required to register as lobbyist. 2004-08.

Reporting requirements for state employees who lobby. 2007-06.

Only persons directly engaged in lobbying need register as lobbyist; making contribution does not constitute lobbying. 2008-02.

Attorney General's Opinions:

State board of agriculture; public policy position on agricultural issues; selection of members. 88-49.

Unified school district may use public funds to employ lobbyist but may not provide financial support from such funds to political action committee. 2002-19.

Judicial council employee is an employee of judicial branch and therefore is not a "state officer or employee" for purposes of governmental ethics law; modifies opinion 2002-3. 2002-20.

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