Session of 1999
By Committee on Elections and Local Government

  9             AN  ACT concerning authorized subjects in closed or executive meetings;
10             amending K.S.A. 75-4319 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 75-4319 is hereby amended to read as follows: 75-
14       4319. (a) Upon formal motion made, seconded and carried, all bodies and
15       agencies subject to this act may recess, but not adjourn, open meetings
16       for closed or executive meetings. Any motion to recess for a closed or
17       executive meeting shall include a statement of (1) the justification for
18       closing the meeting, (2) the subjects to be discussed during the closed or
19       executive meeting and (3) the time and place at which the open meeting
20       shall resume. Such motion, including the required statement, shall be
21       recorded in the minutes of the meeting and shall be maintained as a part
22       of the permanent records of the body or agency. Discussion during the
23       closed or executive meeting shall be limited to those subjects stated in
24       the motion.
25             (b) No subjects shall be discussed at any closed or executive meeting,
26       except the following:
27             (1) Personnel matters of nonelected personnel;
28             (2) consultation with an attorney for the body or agency which would
29       be deemed privileged in the attorney-client relationship;
30             (3) matters relating to employer-employee negotiations whether or
31       not in consultation with the representative or representatives of the body
32       or agency;
33             (4) confidential data relating to financial affairs or trade secrets of
34       corporations, partnerships, trusts, and individual proprietorships;
35             (5) matters relating to actions adversely or favorably affecting a per-
36       son as a student, patient or resident of a public institution, except that
37       any such person shall have the right to a public hearing if requested by
38       the person;
39             (6) preliminary discussions relating to the acquisition of real property;
40             (7) matters permitted to be discussed in a closed or executive meeting
41       pursuant to K.S.A. 74-8804 and amendments thereto;
42             (8) matters permitted to be discussed in a closed or executive meeting
43       pursuant to subsection (a)(2)(J) of K.S.A. 38-1507 and amendments
44       thereto or subsection (f) of K.S.A. 38-1508 and amendments thereto;
45             (9) matters permitted to be discussed in a closed or executive meeting
46       pursuant to subsection (j) of K.S.A. 22a-243 and amendments thereto;
47             (10) matters permitted to be discussed in a closed or executive meet-
48       ing pursuant to subsection (e) of K.S.A. 44-596 and amendments thereto;
49             (11) matters permitted to be discussed in a closed or executive meet-
50       ing pursuant to subsection (g) of K.S.A. 1997 1998 Supp. 39-7,119 and
51       amendments thereto; and
52             (12) matters required to be discussed in a closed or executive meeting
53       pursuant to a tribal-state gaming compact.;
54             (13) preliminary discussions relating to the sale of public property;
55       and
56             (14) matters concerning appointments to nonelected boards and com-
57       missions.
58             (c) No binding action shall be taken during closed or executive re-
59       cesses, and such recesses shall not be used as a subterfuge to defeat the
60       purposes of this act. 
61       Sec.  2. K.S.A. 75-4319 is hereby repealed.
62        Sec.  3. This act shall take effect and be in force from and after its
63       publication in the statute book.