Brief⁽¹⁾

S.B. 410 amends the Campaign Finance Act and state governmental ethics laws dealing with subpoena powers of the Kansas Commission on Governmental Standards and Conduct by removing the 30-day notification provision required to be given to persons who have allegedly violated either law. Under current law, the Commission can utilize its subpoena powers only after the 30-day notification period to the person.

The bill requires Commissioners to be physically present for a vote to issue a subpoena. In addition, the bill clarifies an existing provision which prohibits a person from being prosecuted or subjected to criminal penalty as a result of testimony or evidence given in response to a subpoena action. Finally, the bill also designates K.S.A. 46-215 through 46-293 and K.S.A. 1997 Supp. 46-237a as the State Governmental Ethics Act.

Background

The bill was recommended by the Kansas Commission on Governmental Standards and Conduct in its 1997 annual report. A Commission representative testified that the current 30-day response period restricts the Commission's ability to adequately investigate suspected violations of laws under its jurisdiction. A registered independent lobbyist testified in opposition to the bill stating that it may violate the right of free speech as provided under the U.S. Constitution.

According to the Commission, the passage of S.B. 410 would have no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.