Session of 1998
                   
SENATE BILL No. 390
         
By Senators Hensley, Barone, Biggs, Downey, Feleciano, Gilstrap,
         
Gooch, Goodwin, Jones, Karr, Lee, Petty and Steineger
         
11-5
          10             AN ACT concerning the commission on governmental standards and con-
11             duct; relating to powers and duties thereof; amending K.S.A. 25-4158
12             and 46-260 and repealing the existing sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. K.S.A. 25-4158 is hereby amended to read as follows:
16       25-4158. (a) The secretary of state shall: (1) Furnish forms prescribed
17       and provided by the commission for making reports and statements re-
18       quired to be filed in the office of the secretary of state by the campaign
19       finance act; and
20           (2) make such reports and statements available for public inspection
21       and copying during regular office hours.
22           (b) The county election officer shall: (1) Furnish forms prescribed
23       and provided by the commission for making reports and statements re-
24       quired to be filed in the office of the county election officer by the cam-
25       paign finance act; and
26           (2) make such reports and statements available for public inspection
27       and copying during regular office hours.
28           (c) The commission may investigate, or cause to be investigated, any
29       matter required to be reported upon by any person under the provisions
30       of the campaign finance act, or any matter to which the campaign finance
31       act applies irrespective of whether a complaint has been filed in relation
32       thereto.
33           (d) (1) For the purpose of any investigation or proceeding under this
34       act, the commission or any officer designated by the commission may,
35       after having complied with the requirements of part (2) of this subsection,
36       administer oaths and affirmations, subpoena witnesses, compel their at-
37       tendance, take evidence, and require the production of any books, papers,
38       correspondence, memoranda, agreements, or other documents or records
39       which the commission deems relevant or material to the ;nquiry investi-
40       gation. The commission shall reimburse the reasonable costs of produc-
41       tion of documents subject to subpoena. All subpoenas and subpoenas
42       duces tecum issued under this section shall be authorized by the affir-
43       mative vote of not less than 3/4 of the members of the commission. Sub-

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

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  1       tion of documents subject to subpoena. All subpoenas and subpoenas
  2       duces tecum issued under this section shall be authorized by the affir-
  3       mative vote of not less than 3/4 of the members of the commission. Sub-
  4       poenas duces tecum shall be limited to items reasonably relevant to such
  5       alleged violations.
  6           (2) If the commission finds there is reasonable suspicion that a vio-
  7       lation of the act has occurred, the commission shall communicate, by a
  8       signed writing specifically stating such alleged violations, with the persons
  9       being investigated and allow them 30 days to respond. After reviewing
10       the information from such respondent, and a determination is made that
11       further investigation is required, the commission may issue a subpoena
12       by a 3/4 vote of the commission members. Subpoenas duces tecum shall
13       be limited to items reasonably relevant to such alleged violations.
14           (3) (2) In case of contumacy by, or refusal to obey a subpoena issued
15       to any person, the district court of Shawnee county, upon application by
16       the commission, or any officer designated by the commission, may issue
17       to that person an order requiring the person to appear before the com-
18       mission or any officer designated by the commission, there to produce
19       documentary evidence if so ordered or to give evidence touching the
20       matter under investigation or in question. Any failure to obey the order
21       of the court may be punished by the court as a contempt of court.
22           (4) No person is excused from attending or testifying or from pro-
23       ducing any document or record before the commission, or obedience to
24       the subpoena of the commission or any officer designated by the com-
25       mission, or in any proceeding instituted by the commission, on the ground
26       that the testimony or evidence (documentary or otherwise) required of
27       the person may tend to incriminate the person or subject the person to
28       a penalty or forfeiture. No individual may be prosecuted or subjected to
29       any penalty or forfeiture for or on account of any transaction, matter or
30       thing concerning which such person is compelled, after claiming privilege
31       against self-incrimination, to testify or produce evidence (documentary
32       or otherwise), except that the individual so testifying shall not be exempt
33       from prosecution and punishment for perjury committed in so testifying.
34           Sec. 3. K.S.A. 25-4158 and 46-260 are hereby repealed.
35           Sec. 4. This act shall take effect and be in force from and after its
36       publication in the statute book.
37      
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