Session Law

Identifying Information:L. 2001 ch. 122
Other Identifying Information:2001 Senate Substitute for House Bill 2299
Tax Type:All
Brief Description:An Act concerning committees and entities subject to the open records law and the open meetings law; amending K.S.A. 75-4318 and repealing the existing section.
Keywords:


Body:

CHAPTER 122

Senate Substitute for HOUSE BILL No. 2299


An Act concerning committees and entities subject to the open records law and the open

meetings law; amending K.S.A. 75-4318 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 75-4318 is hereby amended to read as follows: 75-

4318. (a) Except as otherwise provided by state or federal law or by rules

of the house or senate, and except with respect to any impeachment

inquiry or other impeachment matter referred to any committee of the

house of representatives prior to the report of such committee to the full

house of representatives, all meetings for the conduct of the affairs of,

and the transaction of business by, all legislative and administrative bodies

and agencies of the state and political and taxing subdivisions thereof,

including boards, commissions, authorities, councils, committees, sub-

committees and other subordinate groups thereof, receiving or expending

and supported in whole or in part by public funds shall be open to the

public and no binding action by such bodies shall be by secret ballot, but

any administrative body that is authorized by law to exercise quasi-judicial

functions shall not be required to have open meetings when such body

is deliberating matters relating to a decision involving such quasi-judicial

functions. Meetings of task forces, advisory committees or subcommittees

of advisory committees created pursuant to a governor's executive order

shall be open to the public in accordance with this act.

(b) Notice of the date, time and place of any regular or special meet-

ing of a public body designated hereinabove shall be furnished to any

person requesting such notice, except that:

(1) If notice is requested by petition, the petition shall designate one

person to receive notice on behalf of all persons named in the petition,

and notice to such person shall constitute notice to all persons named in

the petition;

(2) if notice is furnished to an executive officer of an employees' or-

ganization or trade association, such notice shall be deemed to have been

furnished to the entire membership of such organization or association;

and

(3) the public body may require that a request to receive notice must

be submitted again to the body prior to the commencement of any sub-

sequent fiscal year of the body during which the person wishes to continue

receiving notice, but, prior to discontinuing notice to any person, the

public body must notify the person that notice will be discontinued unless

the person resubmits a request to receive notice.

(c) It shall be the duty of the presiding officer or other person calling

the meeting, if the meeting is not called by the presiding officer, to furnish

the notice required by subsection (b).

(d) Prior to any meeting hereinabove mentioned, any agenda relating

to the business to be transacted at such meeting shall be made available

to any person requesting said agenda.

(e) The use of cameras, photographic lights and recording devices

shall not be prohibited at any meeting mentioned by subsection (a), but

such use shall be subject to reasonable rules designed to insure the or-

derly conduct of the proceedings at such meeting.

New Sec. 2. The Sunflower Foundation: Health Care for Kansas,

established pursuant to the settlement agreement entered into by the

attorney general in the action filed by Blue Cross and Blue Shield of

Kansas, Inc., in the district court of Shawnee county, Kansas, case no.

97CV608, shall be and is hereby deemed to be a public agency and shall

be subject to the open records law.

New Sec. 3. The Sunflower Foundation: Health Care for Kansas,

established pursuant to the settlement agreement entered into by the

attorney general in the action filed by Blue Cross and Blue Shield of

Kansas, Inc., in the district court of Shawnee county, Kansas, case no.

97CV608, shall be and is hereby deemed to be a public body and shall

be subject to the open meetings law.

Sec. 4. K.S.A. 75-4318 is hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved April 18, 2000.

Published in the Kansas Register April 26, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001