Session of 1998
HOUSE BILL No. 2977
By Committee on Federal and State Affairs
2-18
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AN ACT concerning open meetings; relating to
employer-employee ne-
10 gotiations; amending
K.S.A. 75-4319 and repealing the existing section.
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12 Be it enacted by the Legislature of the
State of Kansas:
13 New
Section 1. Every meeting, conference, consultation and
discus-
14 sion between a professional employees'
organization of the Kansas high-
15 way patrol or its representatives and the
state of Kansas during the course
16 of professional negotiations is subject to
the provisions of the Kansas open
17 meetings law, and amendments thereto.
18 Sec. 2. K.S.A.
75-4319 is hereby amended to read as follows: 75-
19 4319. (a) Upon formal motion made, seconded
and carried, all bodies and
20 agencies subject to this act may recess,
but not adjourn, open meetings
21 for closed or executive meetings. Any
motion to recess for a closed or
22 executive meeting shall include a statement
of (1) the justification for
23 closing the meeting, (2) the subjects to be
discussed during the closed or
24 executive meeting and (3) the time and
place at which the open meeting
25 shall resume. Such motion, including the
required statement, shall be
26 recorded in the minutes of the meeting and
shall be maintained as a part
27 of the permanent records of the body or
agency. Discussion during the
28 closed or executive meeting shall be
limited to those subjects stated in
29 the motion.
30 (b) No subjects shall be
discussed at any closed or executive meeting,
31 except the following:
32 (1) Personnel matters of
nonelected personnel;
33 (2) consultation with an
attorney for the body or agency which would
34 be deemed privileged in the attorney-client
relationship;
35 (3) except as
provided in section 1 and amendments thereto, matters
36 relating to employer-employee negotiations
whether or not in consulta-
37 tion with the representative or
representatives of the body or agency;
38 (4) confidential data
relating to financial affairs or trade secrets of
39 corporations, partnerships, trusts, and
individual proprietorships;
40 (5) matters relating to
actions adversely or favorably affecting a per-
41 son as a student, patient or resident of a
public institution, except that
42 any such person shall have the right to a
public hearing if requested by
43 the person;
HB 2977
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1 (6) preliminary
discussions relating to the acquisition of real property;
2 (7) matters
permitted to be discussed in a closed or executive meeting
3 pursuant to K.S.A. 74-8804 and
amendments thereto;
4 (8) matters
permitted to be discussed in a closed or executive meeting
5 pursuant to subsection (a)(2)(J) of
K.S.A. 38-1507 and amendments
6 thereto or subsection (f) of K.S.A.
38-1508 and amendments thereto;
7 (9) matters
permitted to be discussed in a closed or executive meeting
8 pursuant to subsection (j) of K.S.A.
22a-243 and amendments thereto;
9 (10) matters
permitted to be discussed in a closed or executive meet-
10 ing pursuant to subsection (e) of K.S.A.
44-596 and amendments thereto;
11 (11) matters permitted
to be discussed in a closed or executive meet-
12 ing pursuant to subsection (g) of K.S.A.
1997 Supp. 39-7,119 and amend-
13 ments thereto; and
14 (12) matters required to
be discussed in a closed or executive meeting
15 pursuant to a tribal-state gaming
compact.
16 (c) No binding action
shall be taken during closed or executive re-
17 cesses, and such recesses shall not be used
as a subterfuge to defeat the
18 purposes of this act.
19 Sec. 3. K.S.A.
75-4319 is hereby repealed.
20 Sec. 4. This act
shall take effect and be in force from and after its
21 publication in the statute book.
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