[As Amended by Senate Committee of the Whole]
         

          Session of 1998
                   
SENATE BILL No. 451
         
By Committee on Elections and Local Government
         
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          10             AN ACT concerning the commission on governmental standards and con-
11             duct; relating to the powers and duties thereof; amending K.S.A. 25-
12             4161 and 46-256 and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 25-4161 is hereby amended to read as follows:
16       25-4161. (a) If a complaint is filed and the commission determines that
17       such verified complaint does not allege facts, directly or upon information
18       and belief, sufficient to constitute a violation of any provision of the cam-
19       paign finance act, it shall dismiss the complaint and notify the complainant
20       and respondent thereof.
21           (b) Whenever a complaint is filed with the commission alleging a
22       violation of a provision of the campaign finance act, such filing and the
23       allegations therein shall be confidential and shall not be disclosed except
24       as provided in the campaign finance act.
25           (c) If a complaint is filed and the commission determines that such
26       verified complaint does allege facts, directly or upon information and
27       belief, sufficient to constitute a violation of any of the provisions of the
28       campaign finance act, the commission shall promptly investigate the al-
29       leged violation.
30           (d) The commission shall notify the   attorney general [attorney gen-
31       eral and the] appropriate federal, state or local authorities of any ap-
32       parent violation of criminal law or other laws not administered by the
33       commission, which is discovered during the course of any such investi-
34       gation.
35           (e) If after the investigation, the commission finds that probable
36       cause does not exist for believing the allegations of the complaint, the
37       commission shall dismiss the complaint. If after such investigation, the
38       commission finds that probable cause exists for believing the allegations
39       of the complaint, such complaint shall no longer be confidential and may
40       be disclosed. Upon making any such finding, the commission shall fix a
41       time for a hearing of the matter, which shall be not more than 30 days
42       after such finding. In either event the commission shall notify the com-
43       plainant and respondent of its determination.

SB 451--Am. by SCW

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