75-4301a. Governmental ethics applicable to local governmental subdivisions; definitions. As used in K.S.A. 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto:
(a) "Substantial interest" means any of the following: (1) 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.
(2) 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.
(3) If an individual or an individual's spouse, either individually or collectively, has received in the preceding 12 months, without reasonable and valuable consideration, goods or services having an aggregate value of $500 or more from a business or combination of businesses, the individual has a substantial interest in that business or combination of businesses.
(4) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor of any business, other than an organization exempt from federal taxation of corporations under section 501(c)(3), (4), (6), (7), (8), (10) or (19) of chapter 26 of the United States code, the individual has a substantial interest in that business, irrespective of the amount of compensation received by the individual or individual's spouse.
(5) 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.
(b) "Business" means any corporation, association, partnership, proprietorship, trust, joint venture, and every other business interest, including ownership or use of land for income.
(c) "Local governmental employee" means any employee of any governmental subdivision or any of its agencies.
(d) "Local governmental officer" means any elected or appointed officer of any governmental subdivision or any of its agencies.
(e) "Candidate for local office" means any candidate for nomination or election to any elective office of a governmental subdivision.
(f) "Governmental subdivision" means any city, county, township, school district, drainage district or other governmental subdivision of the state having authority to receive or hold public moneys or funds.
(g) "Contracts" means agreements including but not limited to sales and conveyances of real and personal property and agreements for the performance of services.
(h) "Acts" means the exercise of power or authority or performance of any duty incident to public office or employment.
(i) "Compensation" means any money, thing of value or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by that person or another, but shall not mean nor include reimbursement of reasonable expenses if the reimbursement does not exceed the amount actually expended for the expenses and it is substantiated by an itemization of expenses.
(j) "Preceding calendar year" has its usual meaning, except that in the case of candidates and individuals newly appointed to office or employment, it means the 12 months immediately preceding a required filing date.
History: L. 1990, ch. 306, § 14; L. 1991, ch. 150, § 45; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 43 - Public Officers And Employees
75-4301a Governmental ethics applicable to local governmental subdivisions; definitions.
75-4306 Penalties for violations; severability.
75-4308 Oath required for public officers and employees.
75-4309 Same; falsifying oaths or affirmations.
75-4310 Oath required for public officers and employees; administering; filing.
75-4311 Same; funds withheld until oath subscribed to and filed.
75-4312 Same; persons required to take oath; time for filing; penalty.
75-4313 Same; unauthorized disbursement of funds; penalty.
75-4314 Same; officer or employee receiving funds without subscribing and filing oath; penalty.
75-4317 Open meetings declared policy of state; citation of act.
75-4320a Enforcement of act by district courts; burden of proof; court costs; precedence of cases.
75-4320b Investigation of alleged violations; powers.
75-4320c Sunflower Foundation: Health Care for Kansas; subject to open meetings law.
75-4320d Civil remedies to enforce act by attorney general; consent order; finding of violation.
75-4320e Complaint form prescribed by attorney general.
75-4320f Civil remedies to enforce act; consent order.
75-4324 Employees' right to form, join and participate in employee organizations.
75-4325 Supervisory employee not prohibited from membership in employee organization.
75-4326 Existing rights of public employer not affected.
75-4328 Recognition of right of employee organization to represent employees.
75-4329 Disputes concerning recognition of employee organization; procedure for resolving.
75-4330 Memorandum agreements, limitations; grievance procedures; arbitration; judicial review.
75-4331 Memorandum of understanding; financial report; consideration and action; rejection.
75-4333 Prohibited practices; evidence of bad faith.
75-4352 Same; compensation for services.
75-4353 Same; qualifications of interpreter; determination; persons disqualified.
75-4354 Same; duty of interpreter; oath; disclosure.
75-4355 Same; inherent power of court not limited.
75-4355a Interpreters for deaf, hard of hearing or speech impaired; court proceedings.
75-4355b Same; certification; fees; other modes of communication.
75-4355d Enforcement; construction.
75-4371 Same; compensation for accumulated sick leave; rules and regulations.
75-4375 Same; compensation for certain direct care employees after layoff; determination of amount.