Session of 1999
By Committee on Elections and Local Government

  9             AN  ACT concerning reporting violations of the state governmental ethics
10             law; amending K.S.A. 1998 Supp. 46-253 and 46-288 and repealing
11             the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14             New Section  1. (a) The head of every state agency shall report to the
15       governmental ethics commission the name of any state officer or em-
16       ployee of such state agency who has been disciplined by such state agency
17       for committing any violation of the governmental ethics act (K.S.A. 46-
18       215 et seq. and amendments thereto). The report shall be in writing and
19       made within 30 calendar days of the disciplinary action.
20             (b) The report shall include:
21             (1) The name of the state officer or employee disciplined;
22             (2) the date of the disciplinary action taken;
23             (3) the disciplinary action taken; and
24             (4) such other information the commission, by rules and regulations,
25       deems necessary for the administration of this section.
26             (c) For the purposes of this section, the term "disciplinary action"
27       shall include, but not be limited to, any written reprimand, counseling
28       session, suspension, demotion, dismissal or other action taken by the state
29       agency against the state officer or employee.
30             New Sec.  2. Any person who has honestly and in good faith believes
31       that a state officer or employee has violated any provision of the govern-
32       mental ethics act (K.S.A. 46-215 et seq. and amendments thereto) may
33       report such violation to the governmental ethics commission. The com-
34       mission shall apply the confidentiality standards specified in K.S.A. 46-
35       259 to each report made pursuant to this section.
36             Sec.  3. K.S.A. 1998 Supp. 46-253 is hereby amended to read as fol-
37       lows: 46-253. "Commission" as used in K.S.A. 46-215 to 46-280, inclusive,
38       46-248a and K.S.A. 1998 Supp. 46-237a, and amendments thereto, means
39       the governmental ethics commission. The commission may adopt rules
40       and regulations for the administration of the provisions of K.S.A. 46-215
41       to 46-280, 46-248a and K.S.A. 1998 Supp. 46-237a, and amendments
42       thereto and section 1. Any rules and regulations adopted by the Kansas
43       commission on governmental standards and conduct shall continue in
44       force and effect and shall be deemed to be the rules and regulations of
45       the commission until revised, amended, repealed or nullified pursuant to
46       law. All rules and regulations of the commission shall be subject to the
47       provisions of article 4 of chapter 77 of Kansas Statutes Annotated.
48             Sec.  4. K.S.A. 1998 Supp. 46-288 is hereby amended to read as fol-
49       lows: 46-288. The commission, in addition to any other penalty prescribed
50       under K.S.A. 46-215 through 46-286, and amendments thereto, may as-
51       sess a civil fine, after proper notice and an opportunity to be heard, against
52       any person for a violation pursuant to section 1 and K.S.A. 46-215 through
53       46-286, and amendments thereto, in an amount not to exceed $5,000 for
54       the first violation, not to exceed $10,000 for the second violation and not
55       to exceed $15,000 for the third violation and for each subsequent viola-
56       tion. All fines assessed and collected under this section shall be remitted
57       promptly to the state treasurer. Upon receipt thereof, the state treasurer
58       shall deposit the entire amount in the state treasury and credit it to the
59       governmental ethics commission fee fund. 
60       Sec.  5. K.S.A. 1998 Supp. 46-253 and 46-288 are hereby repealed.
61        Sec.  6. This act shall take effect and be in force from and after its
62       publication in the statute book.