Kansas Statutes 75-3692. Restrictions on state and local officials and affiliated persons regarding the sale of property described in K.S.A. 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691; penalties
Attorney's Note
Under the Kansas Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 1 year | up to $2,500 |
Terms Used In Kansas Statutes 75-3692
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Property: includes personal and real property. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) As used in this section:
(1) “Affiliated person” means:
(A) Any member of the immediate family of a state or local official; or
(B) any partnership, firm, corporation or limited liability company with which a state or local official is associated or in which a state or local official has an interest, or any partner, officer, director or employee thereof while the state or local official is associated with such partnership, firm, corporation or company.
(2) “State or local official” means any person who is:
(A) Any state officer or employee required to file a written statement of substantial interests pursuant to the state governmental ethics law;
(B) the governor or any full-time professional employee of the office of the governor;
(C) any member of the legislature and any full-time professional employee of the legislature;
(D) any justice of the supreme court, judge of the court of appeals or judge of the district court;
(E) the head of any state agency, the assistant or deputy heads of any state agency, or the head of any division within a state agency; or
(F) any member of the governing body of a city in Shawnee county or the governing body of Shawnee county; any municipal or county judge of such city or county; any city, county or district attorney of such city or county; and any member of or attorney for the planning board or zoning board of such city or county and any professional planner or consultant regularly employed or retained by such planning board or zoning board.
(b) No state or local official or affiliated person shall hold, directly or indirectly, an interest in, be employed by, represent or appear for any entity to bid on or purchase any property described in Kan. Stat. Ann. § 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto.
(c) No state or local official or affiliated person shall represent, appear for or negotiate on behalf of any person or entity submitting a proposal to bid on or purchase any property described in Kan. Stat. Ann. § 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto.
(d) No state or local official or affiliated person, within five years immediately subsequent to the termination of the office or employment of the official, shall hold, directly or indirectly, an interest in, be employed by or represent, appear for or negotiate on behalf of any person or entity submitting a proposal to bid on or purchase any property described in Kan. Stat. Ann. § 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto.
(e) No state or local official shall solicit or accept, directly or indirectly, any complimentary service or discount from any person submitting a proposal to bid on or purchase any property described in Kan. Stat. Ann. § 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto, which such official knows or has reason to know is other than a service or discount that is offered to members of the general public in like circumstance.
(f) No state or local official shall influence, or attempt to influence, by use of official authority, the decision of the secretary of administration in selling or conveying any property described in Kan. Stat. Ann. § 75-3687, 75-3688, 75-3689, 75-3690 or 75-3691, and amendments thereto. Any such attempt shall be reported promptly to the attorney general.
(g) Willful violation of this section is a class A misdemeanor.