Session of 1998
                   
HOUSE BILL No. 2663
         
By Committee on Governmental Organization and Elections
         
1-20
            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             4158 and 46-260 and repealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Sec. 1. K.S.A. 25-4158 is hereby amended to read as follows: 25-
15       4158. (a) The secretary of state shall: (1) Furnish forms prescribed and
16       provided by the commission for making reports and statements required
17       to be filed in the office of the secretary of state by the campaign finance
18       act; and
19           (2) make such reports and statements available for public inspection
20       and copying during regular office hours.
21           (b) The county election officer shall: (1) Furnish forms prescribed
22       and provided by the commission for making reports and statements re-
23       quired to be filed in the office of the county election officer by the cam-
24       paign finance act; and
25           (2) make such reports and statements available for public inspection
26       and copying during regular office hours.
27           (c) The commission may investigate, or cause to be investigated, any
28       matter required to be reported upon by any person under the provisions
29       of the campaign finance act, or any matter to which the campaign finance
30       act applies irrespective of whether a complaint has been filed in relation
31       thereto.
32           (d) (1) For the purpose of any investigation or proceeding under this
33       act, the commission or any officer designated by the commission may,
34       after having complied with the requirements of part (2) of this subsection,
35       administer oaths and affirmations, subpoena witnesses, compel their at-
36       tendance, take evidence, and require the production of any books, papers,
37       correspondence, memoranda, agreements, or other documents or records
38       which the commission deems relevant or material to the ;nquiry investi-
39       gation. The commission shall reimburse the reasonable costs of produc-
40       tion of documents subject to subpoena. All subpoenas and subpoenas
41       duces tecum issued under this section shall be authorized by the affir-
42       mative vote of not less than 3/4 of the members of the commission. Sub-
43       poenas duces tecum shall be limited to items reasonably relevant to alleged

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  1       violations.
  2           (2) If the commission finds there is reasonable suspicion that a vio-
  3       lation of the act has occurred, the commission shall communicate, by a
  4       signed writing specifically stating such alleged violations, with the persons
  5       being investigated and allow them 30 days to respond. After reviewing
  6       the information from such respondent, and a determination is made that
  7       further investigation is required, the commission may issue a subpoena
  8       by a 3/4 vote of the commission members. Subpoenas duces tecum shall
  9       be limited to items reasonably relevant to such alleged violations.
10           (3) (2) In case of contumacy by, or refusal to obey a subpoena issued
11       to any person, the district court of Shawnee county, upon application by
12       the commission, or any officer designated by the commission, may issue
13       to that person an order requiring the person to appear before the com-
14       mission or any officer designated by the commission, there to produce
15       documentary evidence if so ordered or to give evidence touching the
16       matter under investigation or in question. Any failure to obey the order
17       of the court may be punished by the court as a contempt of court.
18           (4) No person is excused from attending or testifying or from pro-
19       ducing any document or record before the commission, or obedience to
20       the subpoena of the commission or any officer designated by the com-
21       mission, or in any proceeding instituted by the commission, on the ground
22       that the testimony or evidence (documentary or otherwise) required of
23       the person may tend to incriminate the person or subject the person to
24       a penalty or forfeiture. No individual may be prosecuted or subjected to
25       any penalty or forfeiture for or on account of any transaction, matter or
26       thing concerning which such person is compelled, after claiming privilege
27       against self-incrimination, to testify or produce evidence (documentary
28       or otherwise), except that the individual so testifying shall not be exempt
29       from prosecution and punishment for perjury committed in so testifying.
30           Sec. 2. K.S.A. 46-260 is hereby amended to read as follows: 46-260.
31       (a) The commission may investigate, or cause to be investigated, any mat-
32       ter required to be reported upon by any person under the provisions of
33       this act, or any matter to which this act applies, irrespective of whether
34       a complaint has been filed in relation thereto.
35           (b) (1) For the purpose of any investigation or proceeding under this
36       act, the commission or any officer designated by the commission may,
37       after having complied with the requirements of part (2) of this subsection,
38       administer oaths and affirmations, subpoena witnesses, compel their at-
39       tendance, take evidence, and require the production of any books, papers,
40       correspondence, memoranda, agreements, or other documents or records
41       which the commission deems relevant or material to the ;nquiry investi-
42       gation. The commission shall reimburse the reasonable costs of produc-
43       tion of documents subject to subpoena. All subpoenas and subpoenas

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  1       duces tecum issued under this section shall be authorized by the affir-
  2       mative vote of not less than 3/4 of the members of the commission. Sub-
  3       poenas duces tecum shall be limited to items reasonably relevant to alleged
  4       violations.
  5           (2) If the commission finds there is reasonable suspicion that a vio-
  6       lation of the act has occurred, the commission shall communicate, by a
  7       signed writing specifically stating such alleged violations, with the persons
  8       being investigated and allow them 30 days to respond. After reviewing
  9       the information from such respondent, and a determination is made that
10       further investigation is required, the commission may issue a subpoena
11       by a 3/4 vote of the commission members. Subpoenas duces tecum shall
12       be limited to items reasonably relevant to such alleged violations.
13           (3) (2) In case of contumacy by, or refusal to obey a subpoena issued
14       to any person, the district court of Shawnee county, upon application by
15       the commission, or any officer designated by the commission, may issue
16       to that person an order requiring the person to appear before the com-
17       mission or any officer designated by the commission, there to produce
18       documentary evidence if so ordered or to give evidence touching the
19       matter under investigation or in question. Any failure to obey the order
20       of the court may be punished by the court as a contempt of court.
21           (4) No person is excused from attending or testifying or from pro-
22       ducing any document or record before the commission, or obedience to
23       the subpoena of the commission or any officer designated by the com-
24       mission, or in any proceeding instituted by the commission, on the ground
25       that the testimony or evidence (documentary or otherwise) required of
26       the person may tend to incriminate the person or subject the person to
27       a penalty or forfeiture. No individual may be prosecuted or subjected to
28       any penalty or forfeiture for or on account of any transaction, matter or
29       thing concerning which such person is compelled, after claiming privilege
30       against self-incrimination, to testify or produce evidence (documentary
31       or otherwise), except that the individual so testifying shall not be exempt
32       from prosecution and punishment for perjury committed in so testifying.
33           Sec. 3. K.S.A. 25-4158 and 46-260 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