Session of 1998
By Committee on Federal and State Affairs
            9             AN ACT concerning open meetings; relating to employer-employee ne-
10             gotiations; amending K.S.A. 75-4319 and repealing the existing section.
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


  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.