CHAPTER 96 SENATE BILL No. 62 An  Act concerning the open meetings act; authorized subjects for discussion in closed or
executive meetings; amending K.S.A. 75-4317 and 75-4319 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 75-4317 is hereby amended to read as follows: 75-
4317. (a) In recognition of the fact that a representative government is
dependent upon an informed electorate, it is declared to be the policy of
this state that meetings for the conduct of governmental affairs and the
transaction of governmental business be open to the public.

      (b) It is declared hereby to be against the public policy of this state
for any such meeting to be adjourned to another time or place in order
to subvert the policy of open public meetings as pronounced in subsection
(a).

      (c) K.S.A. 75-4317 through 75-4320a shall be known and may be cited
as the open meetings act.

      Sec.  2. K.S.A. 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 this 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 justi-
fication for closing the meeting, (2) the subjects to be discussed during
the closed or executive meeting and (3) the time and place at which the
open meeting shall resume. Such motion, including the required state-
ment, shall be recorded in the minutes of the meeting and shall be main-
tained as a part of the permanent records of the body or agency. Discus-
sion 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 (a)(2)(J) 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. 1997 1998 Supp. 39-7,119 and
amendments thereto; and

      (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.

      (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. 75-4317 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 April 14, 1999.