Contracts involving state officer or employee or legislator; prohibited acts, exceptions; challenging constitutionality of legislative action or enactment by legislator; prohibited acts.

46-233. Contracts involving state officer or employee or legislator; prohibited acts, exceptions; challenging constitutionality of legislative action or enactment by legislator; prohibited acts. (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. Cross References to Related Sections: Benefits and procedures for laid-off employees of certain closed institutions, see 75-4370 et seq. 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, 108, 113 (1995). Governmental Ethics Commission Opinions: Private consulting firm owned by former state employee may contract with institutions with which employee was involved in contracts as a state employee. 86-7. Conflict of interest; state employee going to work for company which as a state employee made judgments about grants. 86-13. Funding of special events for state officers and employees such as birthday parties. 87-3. Consulting work is not employment for purposes of statute. 87-13. Participation of state officers and employees in the decision-making process concerning their own merit salary increases. 87-15. State employee accepting employment from agency to which grant has been awarded. 87-19. State legislator; filing of representation case disclosure statement. 88-9. Member of state advisory commission; ability to undertake work for the state. 88-16. Behavioral sciences regulatory board (BSRB) member who is also board member of association of Kansas community health centers cannot represent BSRB in dealing with that association. 88-19. EMS board member who is paid by board for consulting service has no conflict if member does not participate in contract negotiation for service. 88-30. SRS community consultant may accept position with cooperative urban teacher education under facts stated in opinion. 90-5. Kansas commission for the deaf and hearing impaired may accept a position with a private corporation under stated facts. 90-6. Interim youth center director whose spouse is retail store manager where youth center purchases merchandise may not participate in contracting with such retail store. 90-11. Kansas small business development center agents employed by regents institutions are state employees subject to conflicts of interest and public disclosure statutes. 90-27. Former department of administration director of purchases as self-employed consultant providing services to vendors to state of Kansas is not employment; no conflict of interest under statutes. 90-28. Kansas legislator as employee of Kansas horseman's association which is founded by Kansas racing commission; disclosure statement required. 90-29. KDOT staff attorney who is also president of sheltered living, inc., which periodically purchase vans from KDOT; no conflict exists if attorney board president is not involved in negotiations for vans. 91-3. Kansas legislator may serve on board of nonprofit organization receiving funding from department of education if no compensation is received; if compensation is received, disclosure statement is required. 91-7. SRS administrator III whose spouse may be actively involved in development of home for pregnant girls; possible conflicts of interest discussed. 91-15. Department on aging (DOA) employee may serve on advisory council of older adult's resource center (OARC) if such employee is not involved in licensure inspection or any other matters pertaining to such employee's position at DOA. 91-18. Former secretary of transportation conducting private consultant business as independent contractor to firms doing business with department of transportation is permissible. 91-20. Legislator may serve as administrator of federal grant to SRS to provide crisis counseling to tornado victims if disclosure statement is filed. 91-28. Legislator serving on state board and receiving same compensation as other board members; permissible if proper disclosure statement is filed. 91-35. Company in which legislator holds a substantial interest may contract with state if legislator files a proper disclosure statement. 91-40. Kansas legislator serving as sales manager of telecommunications products company selected to provide services to a quasi-governmental agency; legislator does no negotiation with state agencies; permissible if disclosure statement filed. 91-42. Practicing architect, member of private corporation, may serve on state building advisory commission subject to limitations provided herein. 92-17. Deputy warden whose spouse directs alcohol and drug treatment program at warden's facility may participate in program's compliance but not in renewal of contract. 92-22. Department of administration project coordinator may accept position with firm contracting with state if state employee did not participate in such contract. 92-23. Part-time SRS worker also employed in juvenile intake program may continue in both capacities if other SRS employees handle placement arising in such worker's caseload. 92-37. Board of healing arts member; speaking and writing fees; honoraria discussed; see opinion No. 91-39. 93-2. State employees who have not participated in contracting with a consulting service in any way in the past two years may accept employment with such consulting service. 93-12. Under conditions stated, a KDHE employee may accept employment with a consulting firm in the private sector. 93-23. Subject to stated limitations emergency medical services board member may be an employee thereof. 93-32. Legislator serving as board member of Kansas Technology Enterprise Corporation; potential conflict of interest. 93-33. The terms "substantial interest" and "business" defined and discussed. 93-34. Kansas Technology Enterprise Corporation (KTEC) may contract with KTEC board member to provide services under stated limitations. 93-35. Unintentional violation of act concerning lease between agency and one of its officers, later rescinded, is not violation of law. 93-42. Legislator may vote on issues relating to such legislator's former employer. 94-3. Time limitations on former state employee to apply for grants for such employee's business or to serve as consultant to prepare grant requests. 94-10. Limitations on state officers and employees applying for and receiving state grants and then terminating their state employment. 94-11. Spouse of employee of state agency may be awarded an office cleaning contract for that state agency if state employee's spouse does not participate in contract negotiation or supervise cleaning contract performance. 94-16. State employee in a managerial position may apply for a community development block grant loan to purchase a business which, if granted, the state employee will resign state position. 94-18. Staff development specialist with emergency medical services (EMS) may teach EMS course offered exclusively at community college which had negotiated with EMS and which teacher was not involved in negotiations. 94-24. KanWork supervisor may work part-time at Methodist Youthville if such supervisor has no licensure, regulation or inspection duties concerning Methodist Youthville. 94-27. Wildlife and parks employee may serve as drainage district supervisor under conditions outlined in opinion. 94-28. State employee may work as part-time independent contractor with electric utility company if employee has not previously contracted with company on behalf of the state. 95-13. State employee's agency awarding grant to board of which employee is a director; employee not involved in preparation or making of contract or awarding grant. 95-14. Board member has deposit relationship with financial institution providing services for board; deposit relationship does not create a substantial interest. 95-15. Individual serving on both state advisory council on aging and a department on aging subcontractee controlling board. 95-18. Accepting employment with business when person participated as state officer or employee in making of contract with such business; type of activity constituting participation. 95-19. Rehabilitation counselor employed by state establishing private business to provide rehabilitation services during off-duty hours. 96-1. Employee of department of commerce and housing also employed by the Kansas downtown development association during off-duty hours. 96-4. State employee working as consultant for not-for-profit corporation during off-duty hours. 96-9. State employee participating in negotiated bid with entity; accepting employment with such entity. 96-17. Pooled money investment board contracting with individual as a private consultant and later contracting with such individual's private business. 96-19. Director of program being privatized through negotiated bids; employment by business which is successful bidder for program; no participation in bidding process. 96-26. Participation in making of contracts between governmental agencies. 96-29. Secretary with state agency serving as secretary for non-profit foundation during off-duty hours. 96-30. Officer of private corporation serving on Kansas performance review board; participation in making contracts, licensing, inspecting and regulation; confidential information. 96-31. State senator serving as president of a racing association. 96-37. State employee submitting state projects to private organization; serving on committee of such organization giving input and approval of such projects. 97-02. State officer or employee reviewing and offering language for contract negotiated between contractor and subcontractor providing services to state agency; "participation" as barring employment with subcontractor. 97-07. State employee purchase of company providing service to state agency upon retirement from state service. 97-08. Member of Kansas arts commission serving on board of organization applying for funding from commission. 97-11. Development of work experience site for SRS clients at business owned by employee of SRS employment preparation services; authority of employee to act as supervisor in interview and selection process. 97-14. State employees serving on committees and boards. 97-22. Limitation on employment with contractors, governmental agencies and business organizations or associations; status of expert witness. 97-27. Part-time state officer or employee providing advice to private sector clients. 97-34. State legislator lobbying outside of Kansas on behalf of organization of which they are member. 97-42. State officer or employee; part-time employment during off-duty hours. 97-44. State employee serving on advisory board of private organization which contracts with the state agency. 97-50. State employee assisting in preparation of RFP accepting employment with contractor; employees own firm listed by contractor as recommended supplier of goods or services. 98-1. State legislator serving as member of city council; voting. 98-5. State officer or employee providing consulting service to a private business during off-duty hours. 98-7. State officer or employee providing consulting services to city, county and federal agencies during off-duty hours. 98-8. Staff member of Department on Aging participating in making contract with area Agency on Aging; leaving state agency and accepting position with A.A.A. 98-12. Staff member of Department on Aging whose duties involve providing certain information to nursing homes; providing private consulting services to out-of-state nursing homes. 98-13. Staff member of a state agency entering into a contract to provide services to an entity which in turn contracts with and is licensed by the state agency. 98-15. Compensation of members of a board for being instructors for pre-licensing and continuing education courses subject to approval by board. 98-17. Conflict of interest; employee of real estate commission; teaching required continuing education course. 1998-19. Kansas department of wildlife and parks owns land in drainage district; area manager of department elected secretary of board of district. 1998-21. Director of division of department of commerce and housing; family member investing in venture capital company and Kansas-based life insurance company. 1998-27. Staff member of SRS with primary duties to authorize benefits for clients of department; assisting in establishing and holding position as executive director or member of board of directors of local homeless shelter. 1998-28. State employee involved in implementation of tobacco use prevention program; compensation as private consultant by other states interested in establishing similar program. 1999-1. State employee interested in providing private research and consultation services. 1999-3. State commission entering into contract with watershed district and rural water district; awarding contract to president of watershed district after competitive bidding procedure. 1999-10. Public land manager for department of wildlife and parks becoming duck hunting boat dealer. 1999-15. State employee serving as chairperson of committee of private organization to which employee submits state projects and requests vote of committee thereon. 1999-18. Unclassified state employee and wife; acceptance of shares of stock from long-time personal friends. 1999-19. State employee also employed by local community care organization; compensation for services of a type not included in duties with state department. 1999-20. Definition of "employee, independent contractor or subcontractors" includes consultant. 1999-29. Provision of consultant services after termination of state service; when permitted. 1999-30. Social and rehabilitation services employee, absent certain conditions, may also be employed by community organization as therapist as part of practicum for LSCSW degree. 1999-32. Whether contract renewed after competitive bidding is a negotiated contract; conditions therefor. 1999-33. No improper involvement of state employees in pending contract since contract will be let through competitive bidding. 1999-34. State employee may accept position with contractor whose contract with state was awarded through competitive bidding. 1999-37. Ability of state employees to establish part-time consulting business. 1999-39. State employee may accept position with company contracting with state if contract was let through competitive bidding. 1999-42. Legislator's voting on matters affecting an entity for which legislator serves on board of directors without pay. 1999-45. Whether state employee may accept part-time employment to satisfy counseling requirements for advanced degree. 2000-11. Renewal of contract without material change which was originally let by competitive bid continues as competitively bid contract. 2000-25. Ability of state employee to leave state service to lobby or work for company for which employee currently has program responsibility. 2000-29. Ability of state employee to accept part-time consulting work in area involving state work. 2000-31. Contract let through competitive bid with provision for renewal; renewal with material changes is not let through competitive procedures; state employee may not accept employment with company until provisions of K.S.A. 46-233 have expired. 2000-35. SRS intake worker performing like duties for 13th judicial district. 2000-38. State employee deemed not substantially involved in preparation of contract; may accept employment. 2000-41. State employee substantially involved in making contract; may not accept employment. 2000-42. Application to competitively bid/negotiated contracts. 2000-48. "Substantial involvement" in the making of contracts. 2000-50. Employment by company contracting with former employer. 2000-54. State employee as part-time consultant. 2000-55. Limitations on state geologist operating private geological consulting business. 2001-09. Secretary of administration may participate in making of contract in his position on PBC and city council but not in position as secretary of administration. 2001-11. SRS social worker may work as a counselor for IFC while employed by state. 2001-12. OJA employee may accept employment with tier technologies. 2001-17. Member of the advisory committee on trauma is not a state officer or employee. 2001-20. SRS support specialist may become a foster care provider. 2001-21. KDFA may issue bonds even through president of the KDFA has interest in building. 2001-23. State employee holds substantial interest in 501(c)(3) organization and may not participate in contracts with that entity. 2002-02. SRS employees may become independent contractors without violating the state level conflict of interest laws. 2002-03. State employee involved only in competitively bid portion of contract may accept employment with contractor who received contract. 2002-05. State employee involved only in competitively bid portion of contract may accept employment with contractor who received contract. 2002-07. Former director of DISC not prohibited from being independent contractor with INK. 2002-10. Employee of wheat commission who serves on board of Kansas association of wheat growers may not participate in award of contracts or awards with wheat growers association. 2002-12. Former employee of juvenile justice authority may accept employment with WSU as he did not materially participate in authority's contracts with WSU. 2002-14. State senator required to file representation disclosure form before representing company before state agency. 2002-17. DISC supervisor may take part-time position in or establish computer service business but may not participate in making of contracts between state and such business. 2002-19. Director of private company taking state position may not participate in negotiation of contracts between two organizations but may, in state position, participate in competitively bid contracts between two organizations. 2002-25. Employee of department of agriculture may accept private company employment inspecting water flow meters but cannot participate in negotiation of state contracts with private company. 2002-26. Agency secretary owning private company not in violation of law so long as he does not participate in negotiation of contract with his company or misuse confidential information. 2003-06. Current state employee retiring soon may be hired as independent contractor after retiring provided employee is not involved in his official capacity in making of contract. 2003-07. Wheat commissioners may vote on contract to pay dues to national association in which they serve on board of directors. 2003-13. Representative may perform services for organization which received grant from state. 2003-15. Elected official may continue operating business but may not participate in making of contract with business. 2003-17. State rehabilitation counselor may be employed part-time by county to answer crisis hotline and provide counseling and direction. 2003-23. State employee may work part-time providing training on bio-terrorism. 2003-27. State employee may operate company competing with other private companies but may not be involved in regulation of company nor in making contract with company. 2003-29. State employee may not participate in making of contract or grant with nonprofit organization which employee heads. 2004-13. Former state employee may be subcontractor for company seeking contract with state as more than two years have passed since terminating employment. 2004-14. Wildlife and parks employee may provide fish management services outside his district and sell fish feeder to department. 2004-17. Upon retiring, DOT employee may accept position with subcontractor. 2004-18. State employee may provide consulting services to company providing services outside state. 2004-20. Department of aging employee may contract to provide services to SRS; when and how. 2004-22. State employee may not form company to contract with state, and may not, for two years, be involved in any noncompetitively bid contract with state in which employee participated in making of contract. 2005-02. Restrictions applicable to medical doctor employed by Kansas department of health and environment working part-time in emergency room of Kansas hospital. 2005-05. Retired state employee may contract with state agency to perform same type of services but while employed may not be involved in making of contract for such services. 2005-06. Kansas department of health and environment employee may accept employment with company while continuing his employment with KDHE. 2005-08. Former secretary of SRS may accept employment immediately with entity who was a party to a contract approved by her on behalf of SRS if the contract was competitively bid. 2005-09. SRS employee may accept employment immediately upon terminating state employment if the employee did not participate in the making of the contract. 2005-10. No restrictions on former secretary of SRS accepting position with a corporation that has never contracted with SRS. 2005-11. SRS employee may accept employment with SRS contractor immediately upon retirement from SRS if she did not participate in making contract between SRS and her new employer. 2005-13. A state employee may work part-time as reporter for a television station if reporter's duties are performed outside of state business hours. 2005-18. State employee may not accept employment with business with which said employee participated in the making of a negotiated contract on behalf of the State. 2005-19. KDHE employee may accept employment with KDHE contractor if employee did not participate in making contract on behalf of KDHE. 2006-02. Board not prohibited from contracting with individual board member where such member abstained from participating in board decision. 2006-11. Highway patrol trooper may not substantially prepare or negotiate contract between state and business employing trooper off-duty. 2006-14. Immediate hiring of state employee by firm with state contract not prohibited under facts stated. 2006-15. State employees' off-duty employment; must abstain from involvement in negotiated contract between state and off-duty employer. 2007-03. Participation in developing RFP equates to being substantially involved in making a contract under K.S.A. 46-233. Brother-in-law not an "immediate family" member as used in K.S.A. 46-233. 2008-05. State employee may contract with state agencies so long as employee is not involved as state employee in preparation of or participating in the contract. 2008-07. University faculty member would not have a conflict of interest in an employment arrangement, subject to certain restrictions. 2009-2. Participation by board members of CURB in pre-existing contract does not violate conflict of interest laws. 2009-10. An employee of the attorney general's office, who is employed by or holds a substantial interest in a private clearinghouse for the tobacco settlement agreement would have a conflict of interest if the employee was involved in the making of a contract between the clearinghouse and the attorney general. 2009-13. Senator may lease property to university when funds for the lease came from DOD research grant. 2010-02. State employee may not be substantially involved in the making of a contract between the employer agency and the employee's business. 2010-04. Team evaluator member is not prohibited under state conflict of interest law from future employment with any selected KanCare vendor. 2012-1. A state employee may participate in making a contract with a company in which her husband's brother has a substantial interest, because a brother-in-law relationship is not "immediate family." 2012-05. An SRS employee that provided non-negotiated behavioral health language to a combined competitive bid/negotiated contract did not participate in making the contract under the meaning of this section and therefore may work for the contractor without violating conflict of interest laws. 2012-07. A KDADS employee that is also employed by a company that has contracts with KDADS may not participate on behalf of KDADS in contract negotiations. 2013-01. The terms "employee," "contractor" and "subcontractor" are not interpreted to mean that a former state employee may not work as state contractor or subcontractor. 2019-04. A KBI official may accept immediate employment with one of an associated group of businesses despite the official's involvement in making contracts with another business in such group. 2020-01. Attorney General's Opinions: Conflicts of interest; district court clerk who is spouse of county sheriff; qualifications. 91-32. 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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026