46-229. "Substantial interest" and "client or customer" defined. "Substantial interest" means any of the following:
(a) If an individual or an individual's spouse, either individually or collectively, has owned within the preceding 12 months a legal or equitable interest exceeding $5,000 or 5% of any business, whichever is less, the individual has a substantial interest in that business.
(b) If an individual or an individual's spouse, either individually or collectively, has received during the preceding calendar year compensation which is or will be required to be included as taxable income on federal income tax returns of the individual and spouse in an aggregate amount of $2,000 from any business or combination of businesses, the individual has a substantial interest in that business or combination of businesses.
(c) If an individual or an individual's spouse, either individually or collectively, has received directly or indirectly in the preceding 12 months, gifts or honoraria having an aggregate value of $500 or more from any person, the individual has a substantial interest in that person. If a gift is received for which the value is unknown, the individual shall be deemed to have a substantial interest in the donor. A substantial interest does not exist under this subsection by reason of: (1) A gift or bequest received as the result of the death of the donor; (2) a gift from a spouse, parent, grandparent, sibling, aunt or uncle; or (3) acting as a trustee of a trust for the benefit of another.
(d) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor of any business, the individual has a substantial interest in that business, irrespective of the amount of compensation received by the individual or individual's spouse.
(e) If an individual or an individual's spouse receives compensation which is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the individual has a substantial interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the individual or the individual's spouse, either individually or collectively, received an aggregate of $2,000 or more in the preceding calendar year.
As used in this subsection, "client or customer" means a business or combination of businesses.
History: L. 1974, ch. 353, § 15; L. 1983, ch. 172, § 1; L. 1984, ch. 189, § 1; L. 1987, ch. 198, § 1; July 1.
Structure Kansas Statutes
Article 2 - State Governmental Ethics
46-215 Application of definitions.
46-216 "Compensation" defined.
46-217 "Economic opportunity" defined.
46-218 "Preceding calendar year" defined.
46-219 "Legislative matter" defined.
46-221 State officer or employee, candidate and state officer elect defined.
46-222 "Lobbyist" defined; exceptions.
46-224 "State agency" and "rules and regulations" defined.
46-225 "Lobbying" defined; exceptions; employment of legislator as a lobbyist prohibited.
46-226 "Representation case" defined.
46-227 "Associated person" defined.
46-228 "Special interest" defined.
46-229 "Substantial interest" and "client or customer" defined.
46-232 Lobbying by state officer or employee; prohibited acts; exception.
46-234 Restrictions on appointments of state officers to other state offices.
46-235 Restrictions on compensation of state officers and employees.
46-240 Same; restrictions on compensation.
46-241 Disclosure or use of confidential information by state officer or employee.
46-243 Censure or forfeiture of office or employment for violation.
46-244 Same; commencement and final determination of action.
46-247 Individuals required to file written statements of substantial interests; exception.
46-248a Same; failure to file on time; notice.
46-249 Same; content of statement.
46-250 Same; forms; amendments.
46-251 Failure to file true statement of substantial interests defined and classified as crime.
46-252 Same; availability for public examination and copying; procedure.
46-253 "Commission" defined; rules and regulations.
46-254 Opinions; effect of compliance with opinion; filing, publication and disposition.
46-255 Verified complaints; filing with commission; conditions; transmittal of copy to respondent.
46-258 Hearings by commission; limitations on oral evidence; rights of parties; open to public.
46-262 Statement of commission's findings of facts after hearing; disposition.
46-263 Action upon commission's findings.
46-267 Lobbyists; contingent fees and referral fees prohibited; lobbying contracts.
46-271 Lobbying restrictions; gifts or contributions; hospitality; exceptions.
46-273 Same; improper influence over state agency in representation case.
46-274 Unlawful lobbying defined and classified as crime.
46-275 Giving false lobbying information defined and classified as crime.
46-276 Violations of certain sections classified as crimes.
46-277 Intent required for act, action or conduct to constitute violation.
46-280 Failure to register or file reports; late filing; civil penalty.
46-281 Application of definitions in 46-282 to 46-285.
46-283 "Major policy making" position defined.
46-287 Advertising to influence legislative action; prohibited acts.
46-288 Violations of state governmental ethics laws; civil fine.
46-289 Same; cease and desist order; emergencies.
46-290 Same; injunction; restraining order; mandamus.
46-292 Same; appeal of commission orders.
46-293 Severability of chapter 150 of the Laws of 1991.
46-294 Contracts involving state universities; state employee; restrictions.