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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