Brief⁽¹⁾

Sub. for H.B. 2654 would amend the State Governmental Ethics Law by making it a civil violation to aid, abet, advise, hire, counsel, or procure another person to commit a violation of the ethics law.

The bill would subject an aider or abettor to the same civil penalties as a person who directly violates the Ethics law. An aider or abettor would be liable for violations by civil complaint before the Commission if the person knew or acted with reckless disregard as to whether that act violated the State Governmental Ethics Law.

The bill maintains current law requiring specific intent for criminal action.

The bill would designate K.S.A. 46-215 through 46-293 and the new section of this bill as the State Governmental Ethics Law.

Background

Provisions of Sub. for H.B. 2654 were recommended by the Kansas Commission on Governmental Standards and Conduct in their 1997 Annual Report, and those provisions were placed in the substitute bill by the House Committee on Governmental Organization and Elections.

The House Committee of the Whole amended the bill by inserting "acted with reckless disregard" in place of "reasonably should have known."

The Senate Committee on Elections and Local Government amended the bill by deleting the provisions as they apply to conspiracy.

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.