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, 2001.
Published in the Kansas Register April 26, 2001.
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