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
HB 2663
2
  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
HB 2663
3
  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