Session of 1998
By Committee on Federal and State Affairs
            9             AN ACT concerning certain public bodies and agencies; relating to open
10             meetings; amending K.S.A. 75-4317, 75-4317a and 75-4318 and re-
11             pealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 75-4317 is hereby amended to read as follows:
15       75-4317. (a) This act shall be known and may be cited as the Kansas open
16       meetings act.
17           (b) In recognition of the fact that a representative government is de-
18       pendent upon an informed electorate and that public access to the deci-
19       sion-making process of government is an important part of an informed
20       electorate, it is declared to be the policy of this state that meetings for
21       the conduct of governmental affairs and the transaction of governmental
22       business as defined in K.S.A. 75-4317a, and amendments thereto, be open
23       to the public.
24           (b) (c) It is declared hereby to be against the public policy of this
25       state for any such meeting to be adjourned to another time or place, or
26       other action taken, in order to subvert the policy of ;(en public meetings
27       as pronounced in subsection (a) giving public access to the decision-mak-
28       ing process. This act shall be liberally construed to protect and encourage
29       the public's right of access to the decision-making process of government
30       through open public meetings.
31           (d) Nothing in this act shall be construed to prohibit social gatherings.
32           Sec. 2. K.S.A. 75-4317a is hereby amended to read as follows: 75-
33       4317a. (a) As used in ;(tri-stars)is act, the Kansas open meetings act:
34           (a) ``Meeting'' means any gathering, assembly, telephone call or any
35       other means of interactive communication by a majority of a quorum of
36       the membership of a body or agency subject to this act for the purpose
37       of discussing, conducting or transacting the business or affairs of the body
38       or agency.
39           (b) ``Subordinate group'' includes, but is not limited to, an entity,
40       whether or not a corporation, which is created or incorporated by ordi-
41       nance, statute, resolution or proclamation of a body or agency subject to
42       this act or is created by an interlocal agreement of two or more bodies or
43       agencies subject to this act pursuant to K.S.A. 12-2901, et seq., and

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  1       amendments thereto.
  2           Sec. 3. K.S.A. 75-4318 is hereby amended to read as follows: 75-
  3       4318. (a) Except as otherwise provided by state or federal law or by rules
  4       of the house or senate, and except with respect to any impeachment
  5       inquiry or other impeachment matter referred to any committee of the
  6       house of representatives prior to the report of such committee to the full
  7       house of representatives, all meetings for the conduct of the affairs of,
  8       and the transaction of business by, by all legislative and administrative
  9       bodies and agencies of the state and political and taxing subdivisions
10       thereof, including boards, commissions, authorities, councils, committees,
11       subcommittees and other subordinate groups thereof, receiving or ex-
12       pending and supported in whole or in part by public funds shall be open
13       to the public and no binding action by such bodies body or agency shall
14       be by secret ballot, but. Any administrative body or agency subject to this
15       act that is authorized by law to exercise quasi-judicial functions shall not
16       be required to have open meetings when such body or agency is delib-
17       erating matters relating to a decision involving such quasi-judicial func-
18       tions.
19           (b) Notice of the date, time and place of any regular or special meet-
20       ing of a ;µblic body designated hereinabove body or agency subject to
21       this act shall be furnished to any person requesting such notice, except
22       that:
23           (1) If notice is requested by petition, the petition shall designate one
24       person to receive notice on behalf of all persons named in the petition,
25       and notice to such person shall constitute notice to all persons named in
26       the petition;
27           (2) if notice is furnished to an executive officer of an employees' or-
28       ganization or trade association, such notice shall be deemed to have been
29       furnished to the entire membership of such organization or association;
30       and
31           (3) the ;µblic body or agency subjected to this act may require that
32       a request to receive notice must be submitted again to the body or agency
33       prior to the commencement of any subsequent fiscal year of the body or
34       agency during which the person wishes to continue receiving notice, but,.
35       Prior to discontinuing notice to any person, the ;µblic body must body
36       or agency shall notify the person that notice will be discontinued unless
37       the person resubmits a request to receive notice.; and
38           (4) when a proclamation declaring a state of disaster emergency has
39       been issued pursuant to K.S.A. 48-924, and amendments thereto, and the
40       state of disaster emergency has not been terminated, a body or agency
41       subject to this act which has jurisdiction in an area or areas threatened
42       or affected by the disaster, as stated in the proclamation, shall not be
43       required to give the notice required by this section for meetings at which

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  1       only administrative actions are discussed or taken. Such administrative
  2       actions shall have been authorized by the disaster emergency plan adopted
  3       pursuant to K.S.A. 48-929 or 48-930, and amendments thereto.
  4           (c) It shall be the duty of the presiding officer or other person calling
  5       the meeting, if the meeting is not called by the presiding officer, to furnish
  6       the notice required by subsection (b).
  7           (d) Prior to any meeting hereinabove mentioned, any agenda relating
  8       to the business to be transacted at such meeting shall be made available
  9       to any person requesting said such agenda.
10           (e) The use of cameras, photographic lights and recording devices
11       shall not be prohibited at any meeting ;>=ntioned by subsection (a), but
12       such use shall be subject to reasonable rules designed to insure the or-
13       derly conduct of the proceedings at such meeting.
14           Sec. 4. K.S.A. 75-4317, 75-4317a and 75-4318 are hereby repealed.
15           Sec. 5. This act shall take effect and be in force from and after its
16       publication in the statute book.