Ethics Opinion Search

July 8, 1997

Opinion No. 1997-32

Ron Smith
General Counsel
Kansas Bar Association
1200 SW Harrison St
PO Box 1037
Topeka, Kansas 66601-1037

Dear Mr. Smith:

This opinion is in response to your letter of May 20, 1997, in which you
request an opinion from the Kansas Commission on Governmental Standards and
Conduct concerning the Kansas Campaign Finance Act (K.S.A. 25-4142 et
seq.). We note at the outset that the Commission's jurisdiction is limited
to the application of K.S.A. 25-4142 et seq., and whether some other
statutory system, common law theory or agency rule and regulation applies
to your inquiry is not covered by this opinion.

FACTUAL STATEMENT

We understand you request this opinion in your capacity as General Counsel
for the Kansas Bar Association. You advise us that Senate Bill 116, which
became law on July 1, 1997, limits certain elected officials and candidates
from soliciting or accepting campaign contributions from anyone other than
an "individual" during the period beginning January 1 and ending with sine
die adjournment of the legislature.

QUESTION

Is a partner in a professional firm, or a shareholder in a corporation or
limited liability company an "individual" under the law?

OPINION

K.S.A. 25-4153a, as amended by Senate Bill 116, states:

"No registered lobbyist, political committee or person, other
than an individual, shall make a contribution as defined by
subsection (d) of K.S.A. 25-4143, and amendments thereto, to any
legislator, candidate for membership in the senate or house of
representatives, candidate committee for any such legislator or
candidate, state officer elected on a statewide basis, candidate
for state office elected on a statewide basis or candidate
Opinion No. 97-32
July 8, 1997
Page 2



committee for any such officer or candidate after January 1 of
each year and prior to adjournment sine die of the regular
session of the legislature or at any other time in which the
legislature is in session. No such legislator, officer,
candidate or committee shall accept or solicit any contribution
as defined by subsection (d) of K.S.A. 25-4143, and amendments
thereto, from any registered lobbyist, political committee or
person, other than an individual, during such period."

The Commission first notes that the Kansas Campaign Finance Act does not
define the term "individual". However, K.S.A. 25-4143(h) defines the term
"person" as "any individual, committee, corporation, partnership, trust,
organization or association." Based on this definition, it is the
Commission's opinion that "individual" means a "natural person" as opposed
to an "artificial person". Thus, a partner in a professional firm or a
shareholder in a corporation or limited liability company would be an
"individual".

Sincerely,



Diane Gaede, Chairwoman

By Direction of the Commission

DG:WCS:dlw