Session Law

Identifying Information:L. 2001 ch. 190
Other Identifying Information:2001 Senate Bill 195
Tax Type:Other
Brief Description:An Act relating to child care records; concerning the confidentiality of information; amend- ing K.S.A. 2000 Supp. 65-525 and 75-4319 and repealing the existing sections.
Keywords:


Body:

CHAPTER 190

SENATE BILL No. 195


An Act relating to child care records; concerning the confidentiality of information; amend-

ing K.S.A. 2000 Supp. 65-525 and 75-4319 and repealing the existing sections.

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

Section 1. K.S.A. 2000 Supp. 65-525 is hereby amended to read as

follows: 65-525. (a) Information Records in the possession of the depart-

ment of health and environment received pursuant to K.S.A. 65-501 et

seq. or its agents regarding child care facilities, maternity centers or family

day care homes shall not be released publicly in a manner that would

identify individuals, unless required by law.

(b) Records containing the name, address and telephone number of

a child care facility, maternity center or family day care home in the

possession of the department of health and environment or its agents shall

not be released publicly unless required by law.

(c) Information Records that cannot be released by subsection (a) or

(b) may be released to: (1) An agency or organization authorized to re-

ceive notice under K.S.A. 65-506, and amendments thereto; (2) a criminal

justice agency; (3) any state or federal agency that provides child care

services, funding for child care or provides child protective services; or

(4) any federal agency for the purposes of compliance with federal fund-

ing requirements; (5) any local fire department; (6) any child and adult

care food program sponsoring agency; or (7) any local disaster agency.

(d) Any state or federal agency or any person receiving information

records under subsection (a) or (b) shall not disseminate the information

records without the consent of the person whose information records will

be disseminated unless required by law. Any person, other than a state

or federal agency, receiving information under subsection (a) or (b) shall

not disseminate the information without the consent of the person whose

name will be disseminated unless required by law Any state or federal

agency or any person receiving records under subsection (e) may dissem-

inate the information contained in the records without the consent of the

person whose records will be disseminated.

(e) The secretary of health and environment may release the name,

address and telephone number of a maternity center, child care facility

or family day care home when the secretary determines that the release

of the information is necessary to protect the health, safety or welfare of

the public or the patients or children enrolled in the maternity center,

child care facility or family day care home.

(f) Any records under subsection (a) or (b) shall be available to any

member of the standing committee on appropriations of the house of rep-

resentatives or the standing committee on ways and means of the senate

carrying out such member's or committee's official functions in accord-

ance with K.S.A. 75-4319, and amendments thereto, in a closed or exec-

utive meeting. Except in limited conditions established by 2/3 of the mem-

bers of such committee, records received by the committee shall not be

further disclosed. Unauthorized disclosure may subject such member to

discipline or censure from the house of representatives or senate. Such

records shall not identify individuals but shall include data and contract

information concerning specific facilities.

(g) In any hearings conducted under the licensing or regulation pro-

visions of K.S.A. 65-501 et seq. and amendments thereto, the hearing

officer may close the hearing to the public to prevent public disclosure

of matters relating to persons restricted by other laws.

Sec. 2. K.S.A. 2000 Supp. 75-4319 is hereby amended to read as

follows: 75-4319. (a) Upon formal motion made, seconded and carried,

all bodies and agencies subject to the open meetings act may recess, but

not adjourn, open meetings for closed or executive meetings. Any motion

to recess for a closed or executive meeting shall include a statement of

(1) the justification for closing the meeting, (2) the subjects to be dis-

cussed during the closed or executive meeting and (3) the time and place

at which the open meeting shall resume. Such motion, including the re-

quired statement, shall be recorded in the minutes of the meeting and

shall be maintained as a part of the permanent records of the body or

agency. Discussion during the closed or executive meeting shall be limited

to those subjects stated in the motion.

(b) No subjects shall be discussed at any closed or executive meeting,

except the following:

(1) Personnel matters of nonelected personnel;

(2) consultation with an attorney for the body or agency which would

be deemed privileged in the attorney-client relationship;

(3) matters relating to employer-employee negotiations whether or

not in consultation with the representative or representatives of the body

or agency;

(4) confidential data relating to financial affairs or trade secrets of

corporations, partnerships, trusts, and individual proprietorships;

(5) matters relating to actions adversely or favorably affecting a per-

son as a student, patient or resident of a public institution, except that

any such person shall have the right to a public hearing if requested by

the person;

(6) preliminary discussions relating to the acquisition of real property;

(7) matters permitted to be discussed in a closed or executive meeting

pursuant to K.S.A. 74-8804 and amendments thereto;

(8) matters permitted to be discussed in a closed or executive meeting

pursuant to subsection (e) of K.S.A. 38-1507 and amendments thereto or

subsection (f) of K.S.A. 38-1508 and amendments thereto;

(9) matters permitted to be discussed in a closed or executive meeting

pursuant to subsection (j) of K.S.A. 22a-243 and amendments thereto;

(10) matters permitted to be discussed in a closed or executive meet-

ing pursuant to subsection (e) of K.S.A. 44-596 and amendments thereto;

(11) matters permitted to be discussed in a closed or executive meet-

ing pursuant to subsection (g) of K.S.A. 2000 Supp. 39-7,119 and amend-

ments thereto;

(12) matters required to be discussed in a closed or executive meeting

pursuant to a tribal-state gaming compact; and

(13) matters relating to the security of a public body or agency, public

building or facility or the information system of a public body or agency,

if the discussion of such matters at an open meeting would jeopardize

the security of such public body, agency, building, facility or information

system.; and

(14) matters permitted to be discussed in a closed or executive meeting

pursuant to subsection (f) of K.S.A. 65-525, and amendments thereto.

(c) No binding action shall be taken during closed or executive re-

cesses, and such recesses shall not be used as a subterfuge to defeat the

purposes of this act.

Sec. 3. K.S.A. 2000 Supp. 65-525 and 75-4319 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 21, 2000.


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