Session of 2025
SENATE BILL No. 66
By Committee on Federal and State Affairs
1-23
AN ACT concerning governmental ethics; relating to actions of certain
local governmental officials affecting the development, construction
and operation of major development projects; requiring such local
governmental officials to disclose substantial interests in such projects;
prohibiting such local governmental officials who have a substantial
interest from acting on matters relating to such projects; amending
K.S.A. 75-4301a, 75-4303a and 75-4306 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Except as otherwise provided by this section, no
local governmental officer who has a substantial interest in a major
development project shall act on any matter or participate in the making of
a contract relating to such project in such officer's official capacity. This
section shall apply regardless of whether a local governmental officer has
filed a disclosure of the substantial interest. Except as otherwise provided,
a local governmental officer shall not be deemed to have passed or acted
upon any matter or participated in the making of a contract relating to a
major development project if the officer abstains from any action
regarding such matter.
(b) If any contract is made in violation of this section, the
governmental subdivision shall have a right to declare such contract void
and rescind the contract if such declaration is made within two years
following the date such contract was executed by the parties.
(c) Any violation of this section may be prosecuted by the attorney
general or the district attorney or county attorney of the county where the
major development project is located or proposed to be located. If, by the
attorney general's or the county or district attorney's own inquiry or upon
receipt of a written notice or complaint that a local governmental officer
has engaged in, is engaging in or is about to engage in any act that violates
this section, the attorney general, the county attorney or district attorney
may:
(1) Subpoena witnesses or materials;
(2) take testimony under oath;
(3) examine or cause to be examined any documentary material of
whatever nature relevant to such alleged violations;
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(4) require attendance during such examination of documentary
material and take testimony under oath or acknowledgment with respect to
any such material; or
(5) seek injunctive or any other equitable relief as may be required to
enforce the provisions of this section.
(d) In addition to any penalty provided by this section and K.S.A. 75-
4306, and amendments thereto, any local governmental officer who is
convicted of violating this section shall forfeit such office.
(e) As used in this section, "local governmental officer" means:
(1) Any member of the governing body of a governmental
subdivision;
(2) any individual who has discretionary approval authority for a
major development project; or
(3) any member of an agency of a governmental subdivision that has
discretionary approval authority for a major development project.
Sec. 2. K.S.A. 75-4301a is hereby amended to read as follows: 75-
4301a. As used in K.S.A. 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-
4306, and amendments thereto, and section 1, 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 that is a portion or percentage of each separate fee or commission
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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 paragraph, "client or
customer" means a business or combination of businesses.
(6) (A) An individual has a substantial interest in a major
development project if the individual, relative of such individual or person
who is involved in an intimate relationship with such individual receives
or knowingly will receive compensation, derives or knowingly will derive
profit or has or knowingly will obtain a pecuniary interest from any
contract, including, but not limited to, any lease, easement or option
agreement, relating to the development or construction of a major
development project or the operation of any facility located within a major
development project in the local governmental subdivision where such
individual is a local governmental officer.
(B) This paragraph shall apply regardless of the form by which such
compensation, profit or pecuniary interest is obtained, including, but not
limited to, compensation, profit or pecuniary interest obtained through any
business or combination of businesses that the individual, relative of such
individual or person who is involved in an intimate relationship with such
individual, either individually or collectively:
(i) Holds the position of officer, director, member, associate, partner
or proprietor;
(ii) owns a legal or equitable interest; or
(iii) receives compensation that is required to be included as taxable
income on federal income tax returns.
(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.
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(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.
(k) "Relative" means, with respect to an individual, any spouse,
former spouse, parent, child or sibling.
(l) "Renewable energy system" means any wind energy conversion
system or any solar energy conversion system.
(m) "Solar energy conversion system" means an electric generation
facility that converts radiant energy from the sun into thermal or electrical
energy for the production of electricity and has a system generating
capacity of 500 kilowatts or greater.
(n) "Wind energy conversion system" means an electric generation
facility consisting of one or more wind turbines that have a generating
capacity of 500 kilowatts or greater and any accessory structures,
buildings, electrical infrastructure, transmission lines and other
appurtenant structures.
(o) "Intimate partner" means, with respect to an individual, another
individual who is a parent of a child of the individual or another
individual who cohabitates or has cohabitated with the individual.
(p) "Major development project" means any project to develop one or
more parcels of land that involves the construction, reconstruction or
remodeling of facilities, utilities or infrastructure that has a total project
cost of not less than $250,000, including, but not limited to, renewable
energy systems.
Sec. 3. K.S.A. 75-4303a is hereby amended to read as follows: 75-
4303a. (a) The governmental ethics commission shall render advisory
opinions on the interpretation or application of K.S.A. 75-4301a, 75-
4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments
thereto, and section 1, and amendments thereto. The opinions shall be
rendered after receipt of a written request therefor by a local governmental
officer or employee or by any person who has filed as a candidate for local
office. Any person who requests and receives an advisory opinion and who
acts in accordance with its provisions shall be presumed to have complied
with the provisions of the general conflict of interests law. A copy of any
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advisory opinion rendered by the commission shall be filed by the
commission in the office of the secretary of state, and any opinion so filed
shall be open to public inspection. All requests for advisory opinions shall
be directed to the secretary of state who shall notify the commission
thereof.
(b) The governmental ethics commission shall administer K.S.A. 75-
4301a, 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and
amendments thereto, and section 1, and amendments thereto, and may
adopt rules and regulations therefor.
Sec. 4. K.S.A. 75-4306 is hereby amended to read as follows: 75-
4306. (a) Violation of K.S.A. 75-4304 or 75-4305, and amendments
thereto, or section 1, and amendments thereto, or failure to make any
disclosure of substantial interests required by K.S.A. 75-4302a, and
amendments thereto, is a class B misdemeanor.
(b) If any clause, paragraph, subsection or section provision of this
act is held invalid or unconstitutional, it shall be conclusively presumed
that the legislature would have enacted the remainder of this act without
the invalid or unconstitutional clause, paragraph, subsection or section
provision.
Sec. 5. K.S.A. 75-4301a, 75-4303a and 75-4306 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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