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75-4302a. Same; statement of substantial interests; individuals required to file; filing; rules and regulations; sample forms; disclosure if individual or spouse is officer of nonprofit corporation exempt from federal income taxes. (a) The statement of substantial interests shall include all substantial interests of the individual making the statement.

(b) Statements of substantial interests shall be filed by the following individuals at the times specified:

(1) By a candidate for local office who becomes a candidate on or before the filing deadline for the office, not later than 10 days after the filing deadline, unless before that time the candidacy is officially declined or rejected.

(2) By a candidate for local office who becomes a candidate after the filing deadline for the office, within five days of becoming a candidate, unless within that period the candidacy is officially declined or rejected.

(3) By an individual appointed on or before April 30 of any year to fill a vacancy in an elective office of a governmental subdivision, between April 15 and April 30, inclusive, of that year.

(4) By an individual appointed after April 30 of any year to fill a vacancy in an elective office of a governmental subdivision, within 15 days after the appointment.

(5) By any individual holding an elective office of a governmental subdivision, between April 15 and April 30, inclusive, of any year if, during the preceding calendar year, any change occurred in the individual's substantial interests.

(c) The statement of substantial interests required to be filed pursuant to this section shall be filed in the office where declarations of candidacy for the local governmental office sought or held by the individual are required to be filed.

(d) The governmental ethics commission shall adopt rules and regulations prescribing the form and the manner for filing the disclosures of substantial interests required by law. The commission shall provide samples of the form of the statement to each county election officer.

(e) If an individual or an individual's spouse holds the position of officer, director, associate, partner or proprietor in 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 shall comply with all disclosure provisions of subsections (a), (b), (c) and (d) of this section notwithstanding the provisions of K.S.A. 75-4301, and amendments thereto, which provide that these individuals may not have a substantial interest in these corporations.

History: L. 1990, ch. 306, § 15; L. 1991, ch. 150, § 46; L. 1998, ch. 117, § 25; July 1.

Governmental Ethics Commission Opinions:

"Substantial interest" defined and discussed. 90-22.

Fairgrounds commission appointed by City commission which includes members of local fairground associations discussed; disclosure statements. 93-4.

Limitations and restrictions on city council member's participation in contracts between city and council member's business interests. 93-44.

Child of county commissioner employed as noxious weed supervisor. 97-05.

Filing of statements of substantial interests; members of Kansas and Missouri metropolitan cultural district commission. 97-09.

Candidates for or members of rural water districts are required to file statement of substantial interest form. 2003-16.

Persons holding certain positions with organizations exempt from federal taxation have no substantial interest; but disclosure required. 2008-01.

Attorney General's Opinions:

Governmental ethics applicable to local governmental subdivisions; making or participating in certain contracts prohibited; member of board of education. 91-114.

Authority of county appraiser to own a private appraisal company doing appraisal work in county. 96-23.


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