"Blind Trust" means a trust
established by a state officer or state employee or the individual's
spouse for the purpose of divestiture of all control and knowledge of
assets. K.A.R. 19-41-1.
"Business" means any corporation, association,
partnership, proprietorship, trust, joint venture, or a governmental
agency unit, or a governmental subdivision and every other business
interest, including ownership or use of land for income. K.S.A. 46-230.
"Combination of businesses" means any two or more businesses owned or controlled directly by the same interests. K.A.R. 19-41-1.
"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 such person or another. K.S.A.
"Description of interests" means the type of ownership
interest held, including common stock, preferred stock, stock option
and limited partnership. K.A.R. 19-41-1.
"Equitable interest" means an actual beneficial
ownership, though legal title may not be shown on public, partnership
or corporate records. K.A.R. 19-41-1.
"Gift" means the transfer of money or anything of
value unless legal consideration of a reasonable equal or greater value
is received in return. K.A.R. 19-40-3a(b).
"Other business interest" means any endeavor which
produces income, including appraisals, consulting, authorships,
inventing or the sale of goods and services. It is unnecessary, for the
purposes of this definition, that the interest have a formal business
name or formal business structure. K.A.R. 19-41-1.
"Ownership interest" means a legal or equitable interest in any business or combination of businesses. K.A.R. 19-41-1.
"Person" means an individual, proprietorship,
partnership, limited partnership, association, trust, estate, business
trusst, group, or corporation, whether or not operated for profit, or a
governmental agency unit, or subdivision. K.S.A. 46-223.
"Trust" means a trust in which any state officer or
employee or the individual's spouse has a present or future interest
which exceeds five per cent of the value of the trust or exceeds five
thousand dollars, whichever is less, but does not include blind trusts.
"Type of business" means the nature of the business
activity in which the entity engages, including construction, retailing
and manufacturing. K.A.R.19-41-1.
A-B. NAME & POSITIONS: The
statement shall include the name, complete address, and telephone
number of the individual filing the statement. In addition, each
statement shall disclose the elective office held by that individual;
the office for which a candidate seeks election; the position of
employment; the position to which the
individual was appointed subject to senate confirmation; the state
council, commission or board of which the individual is a member; or
the agency to which the individual is a general counsel.
C. OWNERSHIP INTERESTS: The value or
percentage of a business interest is to be determined at the time of
the required filing. The value assigned to a holding is the fair market
value. Ownership of other stocks and shares, including traded and
closely held stocks shall constitute legal or equitable interest for
the purpose of this section. In addition all retirement accounts and
mutual funds must be listed. In reporting retirement accounts and
mutual funds include the name of the entity that holds the retirement
plan assets or mutual funds and not the specific holdings of that plan,
unless the holdings are specifically owned in the individual's name.
Business interests include, among other things, property held for
rental, farming, commercial purposes and ownership of mineral rights.
Also included are businesses operated out of your home which require a
tax identification number. The address reported for land without a
street address should include the rural route, town and state or
township, county and state. For the purpose of this section,
certificates of deposit, bank savings or checking accounts in a savings
and loan, shares in a credit union, life insurance policies, annuities,
notes, bonds, debentures and mortgages need not be disclosed under this
provision. See K.A.R. 19-41-3(b) and Governmental Ethics Commission Opinion 2000-52.
D. GIFTS OR HONORARIA: If a gift is received for which
the value is unknown, you are required to list the donor. You are not
required to list the donor of a gift (1) if the gift or bequest was
received as the result of the death of the donor; (2) if the gift was
from a spouse, parent, grandparent, sibling, aunt or uncle; or (3) if
acting as a trustee of a trust for the benefit of another. See K.S.A.
E. COMPENSATION: The disclosure required under this
section shall include the name and address of the business or
combination of businesses, the type of business and a description of
whether the compensation was received by the individual, the
individual's spouse, or both. The receipt of interest, dividends and
mineral royalties does not constitute "compensation" as the term is
defined, and those matters need not be reported under this provision;
however, ownership interest concerning these items may need to be
reported under section "C". See K.A.R. 19-41-3(c).
F. OFFICER OR DIRECTOR OF AN ORGANIZATION OR BUISNESS:
The disclosure under this section shall include the name and address of
the business and the position held. Holding the position of
administrator or executor of an estate shall not be considered
reportable under this section. See K.A.R. 19-41-3(e). The holding of a
position of officer or director of an organization or business includes
for profit and nonprofit organizations.
G. RECEIPT OF FEES AND COMMISSIONS: The disclosure
under this section shall include the name and address of the client or
customer and a description of whether the fees or commissions were
received by the individual, the individual's spouse, or both. In the
case of a partnership, it is the partner's proportionate share of the
business, and hence of the gee, which is significant, without regard to
expenses of the partnership. See K.A.R. 19-41-3(d). An individual who
receives a salary as opposed to portions of fees or commissions is
generally not required to report under this provision.
Individuals required to file written Statements of Substantial Interests (SSI) forms, include:
- Persons holding an elected office (K.S.A. 46-247(a) and (b));
- Candidates for an elected state office (K.S.A. 46-247(a) and (b));
- Persons whose state position is subject to senate confirmation (K.S.A. 46-247(d));
- General counsels for state agencies (K.S.A. 46-247(e));
- State officers, employees and members of boards, councils and
commissions who are listed as designees (K.S.A. 46-247(c)). Pursuant to
K.S.A. 46-282, designee means: (a) Any state officer, employee or
member of any agency, department, division, bureau or other unit of
state government who holds a position: (1) Defined as a major policy
making position; (2) responsible for contracting, purchasing or
procurement, except persons whose sole responsibility is the purchasing
of gasoline or emergency repair for a state vehicle assigned to them
for their use or persons whose sole responsibility relating to
purchasing or procurement includes only transactions pursuant to
pre-existing state contracts; (3) responsible for writing or drafting
specifications for contracts; (4) responsible for awarding grants,
benefits or subsidies; or (5) responsible for inspecting or regulating
any person or entity.
(b) Designee does not include any drivers license examiner of the
department of revenue or any person performing ministerial functions.
- Administrator or executive director or the:
(a) Education Commission of the States;
(b) Interstate Compact on Agricultural Grain Marketing;
(c) Mo-Kan Metropolitan Development District and Authority Compact;
(d) Mid-West Nuclear Compact;
(e) Central Interstate Low-Level Radioactive Waste Compact;
(f) Multistate Tax Compact;
(g) Kansas Oklahoma Arkansas River Basin Compact;
(h) Kansas-Nebraska Big Blue River Compact; and
(i) Multistate lottery (K.S.A. 46-247(f));
- Private consultants for any state agency who are under contract to
evaluate bids for public contracts or to award public contracts (K.S.A.
- Faculty members or other employees of a postsecondary educational
institution who provide consulting services and who, on behalf of the
person for which consulting services are provided:
(a) Promotes or opposes action or nonaction by any federal agency, any
state agency, or any political subdivision of the state or any agency
of such political subdivision or a representative of such state agency,
political subdivision or agency: or
(b) Promotes or opposes action or nonaction relating to the expenditure
of public funds of the federal government, the state or political
subdivision of the state or agency of the federal government, state or
political subdivision of the state (K.S.A. 46-247(h));
- Faculty members who receive an annual salary of $150,000 or more,
other than an adjunct faculty members, who are employed by a state
education institution as defined by K.S.A. 76-711, and amendments
thereto (K.S.A. 46-247(i).
- High School Activities Association's Executive Director and all
other personnel, except custodial, clerical or maintenance personnel
employed by the executive board (K.S.A. 72-130).
In accordance with K.S.A. 46-248, the Statement of Substantial Interests shall be filed at the following times:
- annually between April 15 and April 30, for an individual, other
than a candidate who is appointed or takes office on or before April 30
in any year;
- within 15 days after the appointment and annually thereafter
between April 15 and April 30 for an individual, other than a
candidate, who is appointed after April 30 in any year;
- on the date of the filing deadline or within 10 days thereafter,
for an individual who becomes a candidate on or before the date of the
filing deadline for that office, unless within that period the
candidacy is officially declined or rejected; or
- with five days of becoming a candidate, for an individual who
becomes a candidate after the date of the filing deadline for that
office, unless within that period the candidacy is officially declined
Please Note: Individuals who have on file
a Statement of Substantial Interests for the current year are not
required to file any additional statements for that period. Also, if an
individual serves in more than one capacity for which a Statement is
required to be filed, the individual shall be required to file only a
single Statement of Substantial Interests for all capacities for which
a Statement is required to be filed.
In all cases, the Statements of Substantial Interests are filed with
the Kansas Secretary of State, Elections Division, 120 SW 10th, 1st
Floor, Memorial Hall, Topeka, KS 66612.