46-1001. “Investigating committee” defined. As used in this act, unless the context otherwise requires, “investigating committee” means any of the following: (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 […]
46-1002. Same; when powers exercised; rules; minimum size of subcommittee; open or closed meetings; secrecy or publication of testimony. An investigating committee may exercise its powers during sessions of the legislature, and also at or in connection with authorized meetings in the interim between sessions. Each investigating committee may adopt rules, not inconsistent with law […]
46-1003. “Compulsory process” defined. “Compulsory process” in regard to any investigating committee means any one or any combination of the following: (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 […]
46-1004. Investigating committees authorized to exercise compulsory process, when. (a) The following investigating committees are authorized to exercise the powers of compulsory process in connection with any authorized subject of inquiry, study or investigation at any time without further authorization: The legislative coordinating council, the legislative budget committee, the standing committee on ways and means […]
46-1005. Subject of inquiry or investigation; when authorized. A subject of inquiry, study or investigation of an investigating committee is authorized when: (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 […]
46-1006. Subpoenas; payment of witness fees and other expenses of compulsory process. (a) Every investigating committee which is authorized to exercise compulsory process may, by majority vote of all of the members of such committee, issue subpoenas and subpoenas duces tecum with reference to any matter pertinent to any subject under inquiry, study or investigation […]
46-1007. Administration of oaths and affirmations. The chairperson or vice-chairperson of any investigating committee (or any member thereof so authorized by such committee) may administer oaths or affirmations for the purpose of receiving testimony. History: L. 1970, ch. 201, § 7; L. 1978, ch. 204, § 6; April 13.
46-1008. Subpoenas; time of issuance; preparation and signing; service; contents. (a) Service of a subpoena or subpoena duces tecum requiring the attendance of a person at a hearing of an investigating committee shall be made at least three (3) days prior to the date of the hearing unless a shorter period of time is authorized […]
46-1009. Pertinency of questions; explanation thereof, when required. Whenever a witness is testifying before an investigating committee which is exercising powers of compulsory process, and the witness questions the pertinency of a question he or she is required to answer or information he or she is required to supply, such witness shall be informed of […]
46-1010. Information to witness of committee’s authorization. Whenever a witness is testifying before an investigating committee which is exercising powers of compulsory process, and the witness requests information concerning the manner in which the subject under inquiry, study or investigation has been authorized, such witness shall be informed of such authorization and such information may […]
46-1011. Record of testimony; filing and preservation of transcript; filing or determination of availability of documents. Whenever testimony given under oath is received by an investigating committee, a verbatim record shall be made thereof by a certified shorthand reporter, and the transcript of such record shall be filed with the division of legislative administrative services […]
46-1012. Counsel of witnesses. Every witness required by compulsory process to testify before an investigating committee shall be entitled to receive the advice of, and be accompanied by, counsel of such witness’s choice while giving such testimony. By leave of the chairperson or other person presiding over the investigating committee, such counsel may address such […]
46-1013. Written statements of witness; receipt of documents; inclusion in record. (a) Every witness required by compulsory process to testify before an investigating committee may file a preliminary written statement with such committee before giving testimony. Any such written statement shall be included in the record. (b) When a witness required by compulsory process to […]
46-1014. Contempt of legislature; class A misdemeanor. (a) Contempt of legislature is: (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 […]
46-1015. Accusations of perjury and contempt of legislature; referral to speaker of house of representatives or president of senate; prosecution by attorney general. (a) 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, upon a majority vote of all […]
46-1016. Inherent legislative power not limited. Nothing in this act shall limit the legislature or either house thereof in their inherent powers, nor limit powers or procedures for impeachment. History: L. 1970, ch. 201, § 16; March 26.
46-1017. Severability. If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable. History: L. 1970, […]
