As Amended by Senate Committee
         

         
[As Amended by House Committee of the Whole]
         

          Session of 1998
                   
Substitute for HOUSE BILL No. 2654
         
By Committee on Governmental Organization and Elections
         
2-24
          12             AN ACT concerning governmental ethics; relating to certain violations;
13             amending K.S.A. 46-215 and 46-277 and repealing the existing
14             sections.
15            
16       Be it enacted by the Legislature of the State of Kansas:
17           New Section 1. K.S.A. 46-215 through 46-293 and K.S.A. 1997 Supp.
18       46-237a and sections 4 and 5, and amendments thereto, shall be known
19       and may be cited as the state governmental ethics law.
20           Sec. 2. K.S.A. 46-215 is hereby amended to read as follows: 46-215.
21       As used in K.S.A. 46-215 to 46-280, inclusive, and any amendments
22       thereto, and K.S.A. 46-248a through 46-293 and K.S.A. 1997 Supp. 46-
23       237a and sections 4 and 5, and amendments thereto, unless the context
24       otherwise requires, the words and terms defined in K.S.A. 46-216 to
25       46-231, inclusive, and any amendments thereto, shall have the meanings
26       therein ascribed thereto.
27           Sec. 3. K.S.A. 46-277 is hereby amended to read as follows: 46-277.
28       (a) No act, action or conduct of any person shall constitute a violation of
29       this act the state governmental ethics law which is actionable by complaint
30       before the commission, or by criminal complaint, unless such person knew
31       or reasonably should have known [acted with reckless disregard as to
32       whether] that such act, action or conduct is intentionally violative of a
33       provision of this act or intentionally violative of more than one provision
34       of this act the state governmental ethics law.
35           (b) No act, action or conduct of any person shall constitute a violation
36       of this act which is actionable by criminal complaint unless such act,
37       action or conduct is intentionally violative of a provision of this act or
38       intentionally violative of more than one provision of the state govern-
39       mental ethics law.
40           New Sec. 4. (a) A person is responsible for a violation of any provi-
41       sion of the state governmental ethics law by another if such person in-
42       tentionally aids, abets, advises, hires, counsels or procures the other to
43       commit the violation.

Sub. HB 2654--Am. by S

2

  1           (b) A person responsible under subsection (a) also is responsible for
  2       any other violation of any provision of the state governmental ethics law
  3       committed in pursuance of the intended violation if the violation reason-
  4       ably is foreseeable by such person as a probable consequence of com-
  5       mitting or attempting to commit the violation intended.
  6           (c) A person responsible under this section may be charged with and
  7       found to have violated any provision of the state governmental ethics law
  8       although the person alleged to have directly committed the violation
  9       lacked criminal or legal capacity or has not been found to have violated
10       any provision of the state governmental ethics law.
11           (d) Any person found responsible under this section shall be subject
12       to the same penalty, fine, forfeiture or prosecution as for the underlying
13       violation.
14           (e) The provisions of this section shall be subject to interpretation
15       and enforcement by the Kansas commission on governmental standards
16       and conduct in the manner provided by the state governmental ethics
17       law.
18           New Sec. 5. (a) A conspiracy is an agreement with another person
19       or persons to commit a violation of any provision of the state govern-
20       mental ethics law or assist in committing a violation of any provision of
21       the state governmental ethics law. Conspiracy under this section requires
22       that an overt act in furtherance of such conspiracy be committed by the
23       person or by a co-conspirator.
24           (b) It shall be a defense to an allegation of conspiracy that the accused
25       person voluntarily and in good faith withdrew from the conspiracy, and
26       communicated the fact of such withdrawal to one or more of the accused
27       person's alleged co-conspirators, before any overt act in furtherance of
28       the conspiracy was committed.
29           (c) Violations of this section are punishable by civil fine as provided
30       by K.S.A. 46-288, and amendments thereto.
31           (d) A conspiracy to violate any provision of the state governmental
32       ethics law is a class B misdemeanor.
33           (e) The provisions of this section shall be subject to interpretation
34       and enforcement by the Kansas commission on governmental standards
35       and conduct in the manner provided by the state governmental ethics
36       law.
37           Sec. 6 5. K.S.A. 46-215 and 46-277 are hereby repealed.
38           Sec. 7 6. This act shall take effect and be in force from and after its
39       publication in the statute book.
40