Session of 2000
By Committee on Business, Commerce and Labor

  9             AN  ACT relating to the professional negotiations act; concerning reme-
10             dies available thereunder; amending K.S.A. 72-5430a and repealing
11             the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 72-5430a is hereby amended to read as follows: 72-
15       5430a. (a) Any controversy concerning prohibited practices may be sub-
16       mitted to the secretary. Proceedings against the party alleged to have
17       committed a prohibited practice shall be commenced within six months
18       of the date of the alleged practice by service upon it the accused party
19       by the secretary of a written notice, together with a copy of the charges.
20       The accused party shall have 20 days within which to serve a written
21       answer to the charges, unless the secretary determines an emergency
22       exists and requires the accused party to serve a written answer to the
23       charges within 24 hours of receipt. Hearings on prohibited practices shall
24       be conducted in accordance with the provisions of the Kansas adminis-
25       trative procedure act. If the board secretary determines an emergency
26       exists, the board secretary shall follow the procedures contained in K.S.A.
27       77-536 and amendments thereto. A strike or lockout shall be construed
28       to be an emergency.
29             (b) The secretary shall either dismiss the complaint or determine that
30       whether a prohibited practice has been or is being committed, and shall
31       enter a final an order granting or denying in whole or in part the relief
32       sought, or directing such other remedy as may be appropriate. Any action
33       of the secretary pursuant to this subsection is subject to review and en-
34       forcement in accordance with the act for judicial review and civil enforce-
35       ment of agency actions. Venue of the action for review is the judicial
36       district where the principal offices of the pertinent board of education
37       are located.
38             The action for review shall be by trial de novo with or without a jury
39       in accordance with the provisions of K.S.A. 60-238 and amendments
40       thereto, and the court may, in its discretion, permit any party or the
41       secretary to submit additional evidence on any issue. The action for review
42       shall be heard and determined by the court as expeditiously as possible.
43             (c) If there is an alleged violation of either subsection (b)(8) or (c)(5)


  1       of K.S.A. 72-5430 and amendments thereto, the aggrieved party or the
  2       secretary is authorized to seek relief in district court. 
  3       Sec.  2. K.S.A. 72-5430a is hereby repealed.
  4        Sec.  3. This act shall take effect and be in force from and after its
  5       publication in the statute book.