Session of 1998
                   
HOUSE BILL No. 2656
         
By Committee on Governmental Organization and Elections
         
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            9             AN ACT concerning the commission on governmental standards and con-
10             duct; relating to the powers and duties thereof; amending K.S.A. 25-
11             4161 and 46-256 and repealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 25-4161 is hereby amended to read as follows:
15       25-4161. (a) If a complaint is filed and the commission determines that
16       such verified complaint does not allege facts, directly or upon information
17       and belief, sufficient to constitute a violation of any provision of the cam-
18       paign finance act, it shall dismiss the complaint and notify the complainant
19       and respondent thereof.
20           (b) Whenever a complaint is filed with the commission alleging a
21       violation of a provision of the campaign finance act, such filing and the
22       allegations therein shall be confidential and shall not be disclosed except
23       as provided in the campaign finance act.
24           (c) If a complaint is filed and the commission determines that such
25       verified complaint does allege facts, directly or upon information and
26       belief, sufficient to constitute a violation of any of the provisions of the
27       campaign finance act, the commission shall promptly investigate the al-
28       leged violation.
29           (d) The commission shall notify the attorney general appropriate fed-
30       eral, state or local authorities of any apparent violation of criminal law or
31       other laws not administered by the commission, which is discovered dur-
32       ing the course of any such investigation.
33           (e) If after the investigation, the commission finds that probable
34       cause does not exist for believing the allegations of the complaint, the
35       commission shall dismiss the complaint. If after such investigation, the
36       commission finds that probable cause exists for believing the allegations
37       of the complaint, such complaint shall no longer be confidential and may
38       be disclosed. Upon making any such finding, the commission shall fix a
39       time for a hearing of the matter, which shall be not more than 30 days
40       after such finding. In either event the commission shall notify the com-
41       plainant and respondent of its determination.
42           (f) The remedies and protections provided by K.S.A. 75-2973, and
43       amendments thereto, shall be available to any state employee against

HB 2656

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  1       whom disciplinary action has been taken for filing a complaint pursuant
  2       to this act.
  3           Sec. 2. K.S.A. 46-256 is hereby amended to read as follows: 46-256.
  4       (a) If the commission determines that a verified complaint does not allege
  5       facts, directly or upon information and belief, sufficient to constitute a
  6       violation of any provision of this act, it shall dismiss the complaint and
  7       notify the complainant and respondent thereof.
  8           (b) Whenever a complaint is filed with the commission alleging a
  9       violation of any provision of this act, such filing and the allegations therein
10       shall be confidential and shall not be disclosed except as provided in this
11       act.
12           (c) If the commission determines that such verified complaint does
13       allege facts, directly or upon information and belief, sufficient to consti-
14       tute a violation of any of the provisions of this act, the commission
15       promptly shall investigate the alleged violation.
16           (d) The commission shall notify the attorney general appropriate fed-
17       eral, state or local authorities of any apparent violation of criminal law or
18       other laws not administered by the commission, which is discovered dur-
19       ing the course of any such investigation.
20           (e) If, after the investigation, the commission finds that probable
21       cause does not exist for believing the allegations of the complaint, the
22       commission shall dismiss the complaint. If after such preliminary inves-
23       tigation, the commission finds that probable cause exists for believing the
24       allegations of the complaint, such complaint shall no longer be confiden-
25       tial and may be disclosed. Upon making any such finding, the commission
26       shall fix a time for a hearing in the matter, which shall be not more than
27       30 days after such finding. In either event the commission shall notify the
28       complainant and respondent of its determination.
29           (f) The remedies and protections provided by K.S.A. 75-2973, and
30       amendments thereto, shall be available to any state employee against
31       whom disciplinary action has been taken for filing a complaint pursuant
32       to this act.
33           Sec. 3. K.S.A. 25-4161 and 46-256 are hereby repealed.
34           Sec. 4. This act shall take effect and be in force from and after its
35       publication in the statute book.
36