Session Law

Identifying Information:L. 2002 ch. 162
Other Identifying Information:2002 Senate Bill 396
Tax Type:Other
Brief Description:An Act concerning open meetings; relating to certain hearings conducted by the parole board; amending K.S.A. 2001 Supp. 75-4318 and repealing the existing section.
Keywords:


Body:

CHAPTER 162

SENATE BILL No. 396


An Act concerning open meetings; relating to certain hearings conducted by the parole

board; amending K.S.A. 2001 Supp. 75-4318 and repealing the existing section.

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

Section 1. K.S.A. 2001 Supp. 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 im-

peachment inquiry or other impeachment matter referred to any com-

mittee of the house of representatives prior to the report of such com-

mittee to the full house of representatives Subject to the provisions of

subsection (f), all meetings for the conduct of the affairs of, and the trans-

action 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, subcommittees 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 advi-

sory 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.

(f) The provisions of the open meetings law shall not apply:

(1) To any administrative body that is authorized by law to exercise

quasi-judicial functions when such body is deliberating matters relating

to a decision involving such quasi-judicial functions;

(2) to the parole board when conducting parole hearings or parole

violation hearings held at a correctional institution;

(3) to any impeachment inquiry or other impeachment matter re-

ferred to any committee of the house of representatives prior to the report

of such committee to the full house of representatives; and

(4) if otherwise provided by state or federal law or by rules of the

Kansas senate or house of representatives.

Sec. 2. K.S.A. 2001 Supp. 75-4318 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 29, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002