(a) A standing, special or select committee of either the house of representatives or the senate, a joint committee of both houses of the legislature, or an authorized subcommittee of any such committee; or
(b) The legislative coordinating council, the legislative budget committee, the joint committee on special claims against the state, the joint committee on administrative rules and regulations, the legislative post audit committee, any special or select committee appointed by the legislative coordinating council, or any authorized subcommittee of any such committee or said council; or
(c) Any committee, commission or board created by the legislature by concurrent resolution or enactment when, as one or all of its duties, it is to perform an inquiry, study or investigation for the legislature, except that an advisory committee is not an investigating committee; or
(d) Any committee heretofore or hereafter created by law or resolution of either house of the legislature or by concurrent resolution, when all of the members of such committee, who are authorized to vote on actions of the committee, are legislators.
History: L. 1970, ch. 201, § 1; L. 1971, ch. 184, § 30; L. 1978, ch. 204, § 1; April 13.
History: L. 1970, ch. 201, § 2; March 26.
(a) Exercise of the power of subpoena or subpoena duces tecum;
(b) Administration of oath or affirmation;
(c) Taking of testimony under oath;
(d) Referral of any contempt of legislature for prosecution;
(e) Referral of any perjury for prosecution;
(f) Any other act related to any of the foregoing.
History: L. 1970, ch. 201, § 3; L. 1978, ch. 204, § 2; April 13.
The legislative coordinating council, the legislative budget committee, the standing committee on ways and means of the senate, the standing committee on appropriations of the house, the legislative post audit committee or any committee which is specifically granted powers of compulsory process by legislative enactment or by concurrent resolution of the legislature or any authorized subcommittee of any such committee or the council.
(b) When the legislature is in session, or adjourned for not more than 30 days, the following investigating committees are authorized to exercise the powers of compulsory process in connection with any authorized subject of inquiry, study or investigation:
(1) Any standing, special or select committee of the house of representatives, when authorized by the speaker; or
(2) Any standing, special or select committee of the senate, when authorized by the president.
(c) The following investigating committees are authorized to exercise the powers of compulsory process in connection with any authorized subject of inquiry, study or investigation only when specifically authorized to do so by the legislative coordinating council:
(1) Any special or select committee appointed by the legislative coordinating council, except the legislative budget committee; or
(2) The joint committee on special claims against the state or the joint committee on administrative rules and regulations; or
(3) Any investigating committee as described in subsection (c) or subsection (d) of K.S.A. 46-1001 and amendments thereto when no specific statute or resolution of the legislature authorizes the exercise by such committee of compulsory process.
(d) The limitations of subsections (b) and (c) do not apply to subsection (a). The limitations of subsection (b) do not apply to subsection (c) and the limitations of subsection (c) do not apply to subsection (b).
History: L. 1970, ch. 201, § 4; L. 1971, ch. 184, § 31; L. 1973, ch. 210, § 1; L. 1978, ch. 204, § 3; L. 1987, ch. 196, § 6; Feb. 19.
(a) The same concerns any bill or resolution or other matter referred to and under consideration by an investigating committee during any legislative session, or during an adjournment of not more than thirty (30) days, in accordance with either rules of the house of representatives or the senate or the joint rules of the senate and house of representatives; or
(b) The subject of inquiry, study or investigation has been specifically authorized by a resolution of the house of representatives or the senate, or by a concurrent resolution or enactment; or
(c) The subject of inquiry, study or investigation is within the statutorily prescribed purview of the investigating committee and by majority vote of all of the members of such investigating committee it designates by its resolution the specific inquiry, study or investigation; or
(d) The subject of inquiry, study or investigation has been specified by proposal adopted by the legislative coordinating council and referred to the investigating committee with authorization to exercise compulsory process, except that such authorization shall not be necessary for the committees or council specified in subsection (a) of K.S.A. 46-1004.
(e) In the case of a subcommittee of an investigating committee, the subject of inquiry, study or investigation has been delegated to such subcommittee by a resolution adopted by a majority vote of all the members of the investigating committee for which such subject of inquiry, study or investigation is authorized, except that no investigating committee that is a subcommittee shall have authority to exercise compulsory process when its parent committee could not.
History: L. 1970, ch. 201, § 5; L. 1971, ch. 184, § 32; L. 1973, ch. 210, § 2; L. 1978, ch. 204, § 4; April 13.
(b) A person subpoenaed to attend a hearing of an investigating committee shall receive the same fees and allowances as a person subpoenaed to give testimony in an action pending in a district court. Such fees and allowances shall be paid from funds appropriated for the use of the investigating committee issuing the subpoena or from funds appropriated for legislative expense. Appropriations to the division of post audit may be used for payment of such fees and allowances or other expenses of compulsory process.
History: L. 1970, ch. 201, § 6; L. 1978, ch. 204, § 5; April 13.
History: L. 1970, ch. 201, § 7; L. 1978, ch. 204, § 6; April 13.
(b) Every subpoena or subpoena duces tecum issued under authority of this section shall cite article 10 of chapter 46 of Kansas Statutes Annotated and give general information in the subpoena, or by attachments thereto, of the subject under inquiry, study or investigation concerning which testimony is required.
History: L. 1970, ch. 201, § 8; L. 1978, ch. 204, § 7; April 13.
History: L. 1970, ch. 201, § 9; L. 1978, ch. 204, § 8; April 13.
History: L. 1970, ch. 201, § 10; March 26.
History: L. 1970, ch. 201, § 11; L. 1978, ch. 204, § 9; April 13.
History: L. 1970, ch. 201, § 12; L. 1978, ch. 204, § 10; April 13.
(b) When a witness required by compulsory process to testify before an investigating committee desires or is requested by such committee to file additional written testimony or documents with the committee after his or her appearance and oral testimony, such committee shall specify the matters which may be so filed, if any, and the time when such filing shall be made. Any statement permitted or required to be filed at the conclusion of a witness's testimony shall be verified upon oath or affirmation, and any document so filed shall be identified by affidavit stating the authenticity of such document. Any statement or document received under authority of this subsection shall be included in the record by the committee by reference or otherwise.
History: L. 1970, ch. 201, § 13; L. 1978, ch. 204, § 11; April 13.
(1) Willfully making default when summoned as a witness by subpoena or subpoena duces tecum issued by an investigating committee or either house of the legislature; or
(2) Willfully failing to produce books, papers, documents or other records when required to do so by an investigating committee or either house of the legislature; or
(3) Having appeared as required by a subpoena or subpoena duces tecum of an investigating committee or either house of the legislature, refusing to answer, under oath or affirmation, any question pertinent to the matter under inquiry.
(b) Contempt of legislature is a class A misdemeanor.
History: L. 1970, ch. 201, § 14; March 26.
(b) Subject to subsection (c) of this section, whenever a violation of K.S.A. 46-1014 or perjury is believed to have occurred in relation to the exercise by an investigating committee of compulsory process, and such investigating committee is a subcommittee of an investigating committee, upon a majority vote of all of the members of such subcommittee, the fact of such violation shall be referred to the parent investigating committee, and upon a majority vote of all of the members of such investigating committee, such fact shall be referred to the speaker of the house of representatives or the president of the senate.
(c) Whenever a violation of K.S.A. 46-1014 or perjury is believed to have occurred in relation to the exercise by an investigating committee of compulsory process, and such investigating committee is one to which subsections (c) or (d) of K.S.A. 46-1004 applies, upon a majority vote of all of the members of such investigating committee, such fact shall be referred to the legislative coordinating council, and upon an affirmative vote of five of the members of the legislative coordinating council, such fact shall be referred to the speaker of the house of representatives or the president of the senate.
(d) Whenever facts are referred under this section to the speaker of the house of representatives or the president of the senate, such officer shall certify such facts to the attorney general, and the attorney general shall prosecute any such violation in the district court.
History: L. 1970, ch. 201, § 15; L. 1971, ch. 184, § 33; L. 1973, ch. 157, § 7; L. 1978, ch. 204, § 12; April 13.
History: L. 1970, ch. 201, § 16; March 26.
History: L. 1970, ch. 201, § 2; March 26.