19-41-1 Definitions. For the purposes of
this article, the following words and phrases are
defined below. (a) ``Blind trust'' means a trust es-
tablished by a state officer or state employee or
the individual's spouse for the purpose of dives-
titure of all control and knowledge of assets.
(b) ``Combination of businesses'' means any
two or more businesses owned or controlled di-
rectly by the same interests.
(c) ``Description of interests'' means the type
of ownership interest held, including common
stock, preferred stock, stock option and limited
partnership.
(d) ``Equitable interest'' means an actual ben-
eficial ownership, though legal title may not be
shown on public, partnership or corporate re-
cords.
(e) ``General counsel'' means any attorney for
a state agency to whom the agency turns for legal
advice concerning the general operation of the
agency. This definition shall include any private
attorney hired on a contract basis to give legal ad-
vice, as well as any in-house counsel for the state
agency who is the chief legal counsel for the
agency. The definition shall not include any attor-
ney assigned to an agency by the attorney general
from the attorney general's staff to serve as the
the agency's primary legal advisor, unless the at-
torney is budgeted for by a separate agency or
division, has permanent offices within the agency
or division, or unless the individual falls under any
other provision of K.S.A. 1991 Supp. 46-247. The
definition shall not apply to any private attorney
who is retained solely to handle specific litigation
for an agency. Any in-house counsel other than
the head of the legal division of a specific agency
shall not be required to file unless the individual
falls under any other provision of K.S.A. 1991
Supp. 46-247.
(f) ``Members of state councils, commissions
and boards'' means members of state authorities,
compacts and committees or similar state agencies
who receive compensation from the state when
such member is engaged in performing a function
or duty for such council, commission, board, au-
thority, compact or committee or similar state
agency. Excluded from this definition are entities
of the judicial branch or any member of a board,
council or commission who is appointed by the
supreme court or who is elected or appointed to
exercise duties pertaining to functions of the ju-
dicial branch, when such person is engaged in per-
forming a function or duty for the judicial branch.
(g) ``Other business interest'' means any en-
deavor which produces income, including apprais-
als, 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 struc-
ture.
(h) ``Ownership interest'' means a legal or eq-
uitable interest in any business or combination of
businesses.
(i) ``Trust'' means a trust in which any state of-
ficer 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 thou-
sand dollars, whichever is less, but does not in-
clude blind trusts.
(j) ``Type of business'' means the nature of the
business activity in which the entity engages, in-
cluding construction, retailing and manufacturing.
(Authorized by K.S.A. 1991 Supp. 46-253; imple-
menting K.S.A. 1991 Supp. 46-229, 46-247; effec-
tive, E-77-7, March 19, 1976; effective, E-77-20,
May 1, 1976; effective Feb. 15, 1977; amended
May 1, 1983; amended May 1, 1984; amended
June 22, 1992.)