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46-221. State officer or employee, candidate and state officer elect defined. (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.

Law Review and Bar Journal References:

"Ethical Dilemmas for the Kansas Government Lawyer," Brian J. Moline, 5 Kan. J.L. & Pub. Pol'y, No. 1, 105, 106, 112 (1995).

"Ethical Traps for the Organization Lawyer: Interplay Between KRPC 1.6, 1.13, 1.7 and 1.11," Brian Moline, 72 J.K.B.A. No. 4, 20 (2003).

Governmental Ethics Commission Opinions:

Wildlife and parks commissioners not "state officers or employees." 88-6.

Kansas technology enterprise corporation (KTEC) is not a state agency for the purposes of K.S.A. 46-215 et seq. Private law firm members representing KTEC are not state employees. 90-4.

Kansas small business development center agents employed by regents institutions are state employees subject to conflicts of interest and public disclosure statutes. 90-27.

Kansas legislator who is also Wichita state university trustee board member may receive free basketball season tickets as trustee board member. 91-4.

Kansas development finance authority chairperson is not a state officer or employee but is required to file statement of substantial interest. 92-28.

Kansas sports hall of fame board members are not state officers or employees as defined by statute. 93-28.

Kansas Turnpike Authority (KTA) is a state agency; limitation on gifts from KTA to legislators. 93-38.

Architect member of governor's residence advisory commission and president of friends of Cedar Crest Association may accept contracts for architectural services from department of administration. 94-8.

Officer of private corporation serving on Kansas performance review board; participation in making contracts, licensing, inspecting and regulation; confidential information. 96-31.

Filing of statements of substantial interests; members of Kansas and Missouri metropolitan cultural district commission. 97-09.

Director of nonprofit corporation may run for public office and if elected continue in current position. 2000-04.

Kansas housing resources corporation employees are considered state employees and are prohibited from soliciting persons with special interest. 2008-16.

Attorney General's Opinions:

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

Kansas racing commission; political activities. 90-111.

Conflicts of interest; district court clerk who is spouse of county sheriff; qualifications. 91-32.

Kansas turnpike authority board members; state officers or employees defined; unclassified civil service. 93-135.

Judicial council employee is not "state officer or employee" for purposes of K.S.A. 46-221 (governmental ethics law). 2002-3.

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


1. Applied in construing K.S.A. 46-143; "candidate" and "member-elect" distinguished. Rogers v. Shanahan, 221 Kan. 221, 224, 565 P.2d 1384.

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