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Kansas Senate Bill SB66

Kansas 2025-2026 Regular Session

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11 Session of 2025
22 SENATE BILL No. 66
33 By Committee on Federal and State Affairs
44 1-23
55 AN ACT concerning governmental ethics; relating to actions of certain
66 local governmental officials affecting the development, construction
77 and operation of major development projects; requiring such local
88 governmental officials to disclose substantial interests in such projects;
99 prohibiting such local governmental officials who have a substantial
1010 interest from acting on matters relating to such projects; amending
1111 K.S.A. 75-4301a, 75-4303a and 75-4306 and repealing the existing
1212 sections.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 New Section 1. (a) Except as otherwise provided by this section, no
1515 local governmental officer who has a substantial interest in a major
1616 development project shall act on any matter or participate in the making of
1717 a contract relating to such project in such officer's official capacity. This
1818 section shall apply regardless of whether a local governmental officer has
1919 filed a disclosure of the substantial interest. Except as otherwise provided,
2020 a local governmental officer shall not be deemed to have passed or acted
2121 upon any matter or participated in the making of a contract relating to a
2222 major development project if the officer abstains from any action
2323 regarding such matter.
2424 (b) If any contract is made in violation of this section, the
2525 governmental subdivision shall have a right to declare such contract void
2626 and rescind the contract if such declaration is made within two years
2727 following the date such contract was executed by the parties.
2828 (c) Any violation of this section may be prosecuted by the attorney
2929 general or the district attorney or county attorney of the county where the
3030 major development project is located or proposed to be located. If, by the
3131 attorney general's or the county or district attorney's own inquiry or upon
3232 receipt of a written notice or complaint that a local governmental officer
3333 has engaged in, is engaging in or is about to engage in any act that violates
3434 this section, the attorney general, the county attorney or district attorney
3535 may:
3636 (1) Subpoena witnesses or materials;
3737 (2) take testimony under oath;
3838 (3) examine or cause to be examined any documentary material of
3939 whatever nature relevant to such alleged violations;
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7676 (4) require attendance during such examination of documentary
7777 material and take testimony under oath or acknowledgment with respect to
7878 any such material; or
7979 (5) seek injunctive or any other equitable relief as may be required to
8080 enforce the provisions of this section.
8181 (d) In addition to any penalty provided by this section and K.S.A. 75-
8282 4306, and amendments thereto, any local governmental officer who is
8383 convicted of violating this section shall forfeit such office.
8484 (e) As used in this section, "local governmental officer" means:
8585 (1) Any member of the governing body of a governmental
8686 subdivision;
8787 (2) any individual who has discretionary approval authority for a
8888 major development project; or
8989 (3) any member of an agency of a governmental subdivision that has
9090 discretionary approval authority for a major development project.
9191 Sec. 2. K.S.A. 75-4301a is hereby amended to read as follows: 75-
9292 4301a. As used in K.S.A. 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-
9393 4306, and amendments thereto, and section 1, and amendments thereto:
9494 (a) "Substantial interest" means any of the following:
9595 (1) If an individual or an individual's spouse, either individually or
9696 collectively, has owned within the preceding 12 months a legal or
9797 equitable interest exceeding $5,000 or 5% of any business, whichever is
9898 less, the individual has a substantial interest in that business.
9999 (2) If an individual or an individual's spouse, either individually or
100100 collectively, has received during the preceding calendar year compensation
101101 which is or will be required to be included as taxable income on federal
102102 income tax returns of the individual and spouse in an aggregate amount of
103103 $2,000 from any business or combination of businesses, the individual has
104104 a substantial interest in that business or combination of businesses.
105105 (3) If an individual or an individual's spouse, either individually or
106106 collectively, has received in the preceding 12 months, without reasonable
107107 and valuable consideration, goods or services having an aggregate value of
108108 $500 or more from a business or combination of businesses, the individual
109109 has a substantial interest in that business or combination of businesses.
110110 (4) If an individual or an individual's spouse holds the position of
111111 officer, director, associate, partner or proprietor of any business, other than
112112 an organization exempt from federal taxation of corporations under section
113113 501(c)(3), (4), (6), (7), (8), (10) or (19) of chapter 26 of the United States
114114 code, the individual has a substantial interest in that business, irrespective
115115 of the amount of compensation received by the individual or individual's
116116 spouse.
117117 (5) If an individual or an individual's spouse receives compensation
118118 which that is a portion or percentage of each separate fee or commission
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162162 paid to a business or combination of businesses, the individual has a
163163 substantial interest in any client or customer who pays fees or
164164 commissions to the business or combination of businesses from which fees
165165 or commissions the individual or the individual's spouse, either
166166 individually or collectively, received an aggregate of $2,000 or more in the
167167 preceding calendar year. As used in this subsection paragraph, "client or
168168 customer" means a business or combination of businesses.
169169 (6) (A) An individual has a substantial interest in a major
170170 development project if the individual, relative of such individual or person
171171 who is involved in an intimate relationship with such individual receives
172172 or knowingly will receive compensation, derives or knowingly will derive
173173 profit or has or knowingly will obtain a pecuniary interest from any
174174 contract, including, but not limited to, any lease, easement or option
175175 agreement, relating to the development or construction of a major
176176 development project or the operation of any facility located within a major
177177 development project in the local governmental subdivision where such
178178 individual is a local governmental officer.
179179 (B) This paragraph shall apply regardless of the form by which such
180180 compensation, profit or pecuniary interest is obtained, including, but not
181181 limited to, compensation, profit or pecuniary interest obtained through any
182182 business or combination of businesses that the individual, relative of such
183183 individual or person who is involved in an intimate relationship with such
184184 individual, either individually or collectively:
185185 (i) Holds the position of officer, director, member, associate, partner
186186 or proprietor;
187187 (ii) owns a legal or equitable interest; or
188188 (iii) receives compensation that is required to be included as taxable
189189 income on federal income tax returns.
190190 (b) "Business" means any corporation, association, partnership,
191191 proprietorship, trust, joint venture, and every other business interest,
192192 including ownership or use of land for income.
193193 (c) "Local governmental employee" means any employee of any
194194 governmental subdivision or any of its agencies.
195195 (d) "Local governmental officer" means any elected or appointed
196196 officer of any governmental subdivision or any of its agencies.
197197 (e) "Candidate for local office" means any candidate for nomination
198198 or election to any elective office of a governmental subdivision.
199199 (f) "Governmental subdivision" means any city, county, township,
200200 school district, drainage district or other governmental subdivision of the
201201 state having authority to receive or hold public moneys or funds.
202202 (g) "Contracts" means agreements including but not limited to sales
203203 and conveyances of real and personal property and agreements for the
204204 performance of services.
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248248 (h) "Acts" means the exercise of power or authority or performance
249249 of any duty incident to public office or employment.
250250 (i) "Compensation" means any money, thing of value or economic
251251 benefit conferred on, or received by, any person in return for services
252252 rendered, or to be rendered, by that person or another, but shall not mean
253253 nor include reimbursement of reasonable expenses if the reimbursement
254254 does not exceed the amount actually expended for the expenses and it is
255255 substantiated by an itemization of expenses.
256256 (j) "Preceding calendar year" has its usual meaning, except that in the
257257 case of candidates and individuals newly appointed to office or
258258 employment, it means the 12 months immediately preceding a required
259259 filing date.
260260 (k) "Relative" means, with respect to an individual, any spouse,
261261 former spouse, parent, child or sibling.
262262 (l) "Renewable energy system" means any wind energy conversion
263263 system or any solar energy conversion system.
264264 (m) "Solar energy conversion system" means an electric generation
265265 facility that converts radiant energy from the sun into thermal or electrical
266266 energy for the production of electricity and has a system generating
267267 capacity of 500 kilowatts or greater.
268268 (n) "Wind energy conversion system" means an electric generation
269269 facility consisting of one or more wind turbines that have a generating
270270 capacity of 500 kilowatts or greater and any accessory structures,
271271 buildings, electrical infrastructure, transmission lines and other
272272 appurtenant structures.
273273 (o) "Intimate partner" means, with respect to an individual, another
274274 individual who is a parent of a child of the individual or another
275275 individual who cohabitates or has cohabitated with the individual.
276276 (p) "Major development project" means any project to develop one or
277277 more parcels of land that involves the construction, reconstruction or
278278 remodeling of facilities, utilities or infrastructure that has a total project
279279 cost of not less than $250,000, including, but not limited to, renewable
280280 energy systems.
281281 Sec. 3. K.S.A. 75-4303a is hereby amended to read as follows: 75-
282282 4303a. (a) The governmental ethics commission shall render advisory
283283 opinions on the interpretation or application of K.S.A. 75-4301a, 75-
284284 4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments
285285 thereto, and section 1, and amendments thereto. The opinions shall be
286286 rendered after receipt of a written request therefor by a local governmental
287287 officer or employee or by any person who has filed as a candidate for local
288288 office. Any person who requests and receives an advisory opinion and who
289289 acts in accordance with its provisions shall be presumed to have complied
290290 with the provisions of the general conflict of interests law. A copy of any
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334334 advisory opinion rendered by the commission shall be filed by the
335335 commission in the office of the secretary of state, and any opinion so filed
336336 shall be open to public inspection. All requests for advisory opinions shall
337337 be directed to the secretary of state who shall notify the commission
338338 thereof.
339339 (b) The governmental ethics commission shall administer K.S.A. 75-
340340 4301a, 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and
341341 amendments thereto, and section 1, and amendments thereto, and may
342342 adopt rules and regulations therefor.
343343 Sec. 4. K.S.A. 75-4306 is hereby amended to read as follows: 75-
344344 4306. (a) Violation of K.S.A. 75-4304 or 75-4305, and amendments
345345 thereto, or section 1, and amendments thereto, or failure to make any
346346 disclosure of substantial interests required by K.S.A. 75-4302a, and
347347 amendments thereto, is a class B misdemeanor.
348348 (b) If any clause, paragraph, subsection or section provision of this
349349 act is held invalid or unconstitutional, it shall be conclusively presumed
350350 that the legislature would have enacted the remainder of this act without
351351 the invalid or unconstitutional clause, paragraph, subsection or section
352352 provision.
353353 Sec. 5. K.S.A. 75-4301a, 75-4303a and 75-4306 are hereby repealed.
354354 Sec. 6. This act shall take effect and be in force from and after its
355355 publication in the statute book.
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