KS
Kansas Senate Bill SB541

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB541 Compare Versions

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11 Session of 2024
22 SENATE BILL No. 541
33 By Committee on Federal and State Affairs
44 3-8
55 AN ACT creating the regulatory relief division within the office of the
66 attorney general; establishing the general regulatory sandbox program
77 within the office thereof; relating to administrative rules and
88 regulations; authorizing the regulatory relief division to waive or
99 suspend rules and regulations for program participants; amending
1010 K.S.A. 75-4319 and repealing the existing section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 New Section 1. As used in sections 1 through 7, and amendments
1313 thereto:
1414 (a) "Agency" means any officer, department, bureau, division, board,
1515 authority, agency, commission or institution of this state, except the
1616 judicial and legislative branches, that is authorized by law to adopt rules
1717 and regulations concerning the administration, enforcement or
1818 interpretation of any law of this state;
1919 (b) "records" means information that is inscribed on a tangible
2020 medium or that is stored in an electronic or other medium and is
2121 retrievable in perceivable form; and
2222 (c) "written report" means the report written by an applicable agency
2323 required by section 3(f), and amendments thereto.
2424 New Sec. 2. (a) (1) There is hereby established within the office of
2525 the attorney general a regulatory relief division to administer and support
2626 the operations of the general regulatory sandbox program.
2727 (2) The attorney general shall establish and maintain a principal
2828 office for the regulatory relief division within the state, appoint employees
2929 and agents as necessary and prescribe the duties and compensation for
3030 each employee and agent subject to appropriations. The regulatory relief
3131 division shall be headed by a director appointed by the attorney general.
3232 Such director shall report to the attorney general and may appoint staff
3333 subject to the approval of the attorney general.
3434 (b) (1) The regulatory relief division shall:
3535 (A) Administer the provisions of this section;
3636 (B) administer the general regulatory sandbox program; and
3737 (C) act as a liaison between private businesses and applicable
3838 agencies to identify rules and regulations that could be waived or
3939 suspended under the general regulatory sandbox program.
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7676 (2) The regulatory relief division may:
7777 (A) Review state laws and rules and regulations that may
7878 unnecessarily inhibit the creation or success of new and existing
7979 companies and provide recommendations to the governor and the
8080 legislature on amending or repealing such state laws and rules and
8181 regulations;
8282 (B) create a framework for analyzing the risk level to the health,
8383 safety and financial well-being of consumers related to repealing state
8484 laws and repealing or waiving the requirements of rules and regulations
8585 identified in subparagraph (A);
8686 (C) propose potential reciprocity agreements between states that use
8787 or are proposing to use similar general regulatory sandbox programs as
8888 described in this section;
8989 (D) adopt rules and regulations regarding the administration of the
9090 general regulatory sandbox program, including rules and regulations that:
9191 (i) Administer the general regulatory sandbox program; and
9292 (ii) set forth the general regulatory sandbox program application
9393 process and reporting requirements; and
9494 (E) consult and cooperate with other agencies in the state relating to
9595 the general regulatory sandbox program.
9696 (c) (1) There is hereby established the general regulatory sandbox
9797 program advisory committee. The advisory committee shall have 11
9898 members as follows:
9999 (A) Six members who represent business interests from a variety of
100100 industries, appointed by the director;
101101 (B) three members appointed by the director who represent state
102102 agencies that license or regulate businesses;
103103 (C) one member of the senate, appointed by the president of the
104104 senate; and
105105 (D) one member of the house of representatives, appointed by the
106106 speaker of the house of representatives.
107107 (2) Appointments to the advisory committee made by the director
108108 shall be for four-year renewable terms. Appointments to the advisory
109109 committee made by the president of the senate and the speaker of the
110110 house of representatives shall be for two-year renewable terms. Any
111111 vacancy in the membership of the advisory committee shall be filled for
112112 the unexpired term in the same manner as provided in this paragraph for
113113 the original appointment. Notwithstanding the requirements of this
114114 paragraph, the director may adjust the length of terms of appointments to
115115 the advisory committee, so that approximately half of the advisory
116116 committee is appointed every two years.
117117 (3) The director shall select a chairperson from among the members
118118 of the advisory committee on an annual basis. A quorum of the advisory
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162162 committee shall be a majority of the appointed members. All actions of the
163163 advisory committee shall be by motion adopted by a majority of those
164164 members present when there is a quorum.
165165 (4) The advisory committee may meet at any time and at any place
166166 within the state upon the call of the chairperson or a majority of the
167167 members of the advisory committee.
168168 (5) The advisory committee shall advise and make recommendations
169169 to the regulatory relief division as described in this section.
170170 (6) The regulatory relief division shall provide assistance to the
171171 advisory committee to prepare and publish meeting agendas, public
172172 notices, meeting minutes and any research, data or information requested
173173 by the advisory committee.
174174 (7) The advisory committee, in accordance with K.S.A. 75-4319, and
175175 amendments thereto, may recess for a closed or executive meeting when it
176176 is considering matters relating to applications submitted by applicants.
177177 (8) If approved by the legislative coordinating committee, legislative
178178 members of the committee attending meetings authorized by the
179179 committee shall be paid amounts for expenses, mileage and subsistence as
180180 provided in K.S.A. 75-3223(e), and amendments thereto.
181181 (d) Beginning in 2026, on or before the first day of each regular
182182 legislative session, the director of the regulatory relief division shall
183183 prepare and submit a report to the senate standing committee on
184184 commerce, the house standing committee on commerce, labor and
185185 economic development and the joint committee on administrative rules
186186 and regulations or their successor committees. Such report shall include:
187187 (1) Information regarding each participant in the general regulatory
188188 sandbox program, including which industries each participant represents;
189189 (2) the anticipated or actual cost savings that each participant
190190 experienced due to such participant's participation in the general regulatory
191191 sandbox program;
192192 (3) recommendations regarding any laws or rules and regulations that
193193 should be repealed or amended;
194194 (4) information regarding outcomes for consumers; and
195195 (5) recommendations for changes to the general regulatory sandbox
196196 program or other duties of the regulatory relief division.
197197 New Sec. 3. (a) There is hereby created in the regulatory relief
198198 division the general regulatory sandbox program. In the administration of
199199 the general regulatory sandbox program, the regulatory relief division:
200200 (1) Shall consult with each applicable state agency;
201201 (2) shall establish a program to enable a person to obtain legal
202202 protections and limited access to the market in the state to demonstrate an
203203 innovative offering without obtaining a license, certification, registration
204204 or other authorization that might otherwise be required by state law;
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248248 (3) may enter into agreements with or adopt the best practices of
249249 corresponding federal regulatory agencies or other states that are
250250 administering similar programs; and
251251 (4) may consult with businesses in the state about existing or
252252 potential proposals for the general regulatory sandbox program.
253253 (b) (1) The regulatory relief division shall provide relevant
254254 information regarding the regulatory sandbox program and how to apply
255255 for the program. The regulatory relief division may provide assistance to
256256 an applicant in preparing an application for submission.
257257 (2) An applicant to the general regulatory sandbox program may
258258 contact the regulatory relief division to request a consultation regarding
259259 the general regulatory sandbox program before submitting an application.
260260 (3) An applicant to the general regulatory sandbox program shall
261261 provide to the regulatory relief division an application in a form prescribed
262262 by the regulatory relief division that:
263263 (A) Confirms that the applicant is subject to the jurisdiction of
264264 Kansas;
265265 (B) confirms that the applicant has established a physical or virtual
266266 location in the state from where the demonstration of an innovative
267267 offering will be developed and performed and where all required records,
268268 documents and data will be maintained;
269269 (C) contains relevant personal and contact information for the
270270 applicant, including legal names, addresses, telephone numbers, email
271271 addresses, website addresses and other information required by the
272272 regulatory relief division;
273273 (D) discloses criminal convictions of the applicant or other
274274 participating personnel, if any;
275275 (E) contains a description of the innovative offering to be
276276 demonstrated, including statements regarding:
277277 (i) How the offering is subject to licensing, legal prohibition or other
278278 authorization requirements outside of the general regulatory sandbox
279279 program;
280280 (ii) each rule and regulation that the applicant seeks to have waived or
281281 suspended while participating in the general regulatory sandbox program;
282282 (iii) how the offering would benefit consumers;
283283 (iv) how the offering is different from other offerings available in the
284284 state;
285285 (v) what risks might exist for consumers who use or purchase the
286286 offering;
287287 (vi) how participating in the general regulatory sandbox program
288288 would enable a successful demonstration of the offering;
289289 (vii) a description of the proposed demonstration plan, including
290290 estimated time periods for beginning and ending the demonstration;
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334334 (viii) recognition that the applicant will be subject to all laws and
335335 rules and regulations pertaining to the applicant's offering after conclusion
336336 of the demonstration; and
337337 (ix) how the applicant will end the demonstration and protect
338338 consumers if the demonstration fails;
339339 (F) lists each agency, if any, that the applicant reasonably believes to
340340 regulate the applicant's business; and
341341 (G) provides any other required information as determined by the
342342 regulatory relief office.
343343 (4) For each application submitted, the regulatory relief office may
344344 collect a fee of not to exceed $250.
345345 (5) An applicant shall file a separate application for each innovative
346346 offering that the applicant seeks to demonstrate.
347347 (c) The application and any related information provided by the
348348 applicant shall be confidential and privileged and not be subject to the
349349 provisions of the Kansas open records act as provided by K.S.A. 45-215 et
350350 seq., and amendments thereto. The provisions of this subsection shall
351351 expire on July 1, 2029, unless the legislature reviews and reenacts this
352352 provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
353353 July 1, 2029.
354354 (d) After an application is filed, the regulatory relief office shall:
355355 (1) Consult with each applicable agency that regulates the applicant's
356356 business to determine if more information is needed from the applicant;
357357 and
358358 (2) seek any other information from the applicant that the regulatory
359359 relief office determines is necessary for an application to be complete.
360360 (e) Not later than five business days after the day when a complete
361361 application is received, the regulatory relief office shall:
362362 (1) Review the application and refer the application to each
363363 applicable agency that regulates the applicant's business; and
364364 (2) provide to the applicant an acknowledgment of receipt of the
365365 application and the identity and contact information of each agency to
366366 which the application has been referred for review.
367367 (f) (1) Except as provided by this section, not later than 30 days after
368368 the day when an applicable agency receives a complete application for
369369 review, the applicable agency shall provide a written report to the director
370370 of the applicable agency's findings. Such report shall:
371371 (A) Describe any identifiable, likely and significant harm to the
372372 health, safety or financial well-being of consumers against which the
373373 relevant law or rule and regulation protects; and
374374 (B) make a recommendation to the regulatory relief office that the
375375 application either be admitted or denied entrance into the general
376376 regulatory sandbox program.
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420420 (2) The applicable agency may request an additional five business
421421 days to deliver the written report by providing notice to the director. Such
422422 request shall automatically be granted, and the applicable agency may only
423423 request one extension per application.
424424 (3) If the applicable agency recommends that an application should
425425 be denied entrance into the general regulatory sandbox program, the
426426 written report shall include a description of the reasons for the
427427 recommendation, including why a temporary waiver or suspension of the
428428 relevant rules and regulations is likely to significantly harm the health,
429429 safety or financial well-being of consumers or the public and the
430430 likelihood of such harm occurring.
431431 (4) If the agency determines that the consumer's or public's health,
432432 safety or financial well-being can be protected through less restrictive
433433 means than the existing relevant rules and regulations, the applicable
434434 agency shall provide a recommendation of how such less restrictive means
435435 can be achieved.
436436 (5) If an applicable agency fails to deliver a written report as
437437 described in this section, the director shall assume that the applicable
438438 agency does not object to the temporary waiver or suspension of the
439439 relevant rules and regulations for the application seeking to participate in
440440 the general regulatory sandbox program.
441441 (6) Notwithstanding any other provision of this section, an applicable
442442 agency may:
443443 (A) By written notice to the regulatory relief office not more than 30
444444 days after the date when the applicable agency receives a completed
445445 application for review, or within 35 days if an extension has been
446446 requested by the applicable agency, reject an application if the applicable
447447 agency determines, in the applicable agency's sole discretion, that the
448448 applicant's offering fails to comply with standards or specifications
449449 required by federal law or regulation or previously approved for use by a
450450 federal agency; or
451451 (B) reject an application preliminarily approved by the regulatory
452452 relief office, if the applicable agency recommended rejection of the
453453 application in the agency's written report and provides in the written notice
454454 under subparagraph (A) a description of the applicable agency's reasons
455455 why approval of the application would create a substantial risk of harm to
456456 the health or safety of the public or create unreasonable expenses for
457457 taxpayers in the state.
458458 (7) If an applicable agency rejects an application under paragraph (6),
459459 the regulatory relief office shall not approve such application.
460460 (g) (1) Upon receiving a written report, the director shall provide the
461461 application and the written report to the advisory committee.
462462 (2) The director may call the advisory committee to meet, as needed,
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506506 but not less than once per quarter if applications are available for review.
507507 (3) After receiving and reviewing the application and each written
508508 report, the advisory committee shall provide to the director the advisory
509509 committee's recommendation as to whether or not the applicant should be
510510 admitted as a sandbox participant under this section.
511511 (4) As part of the advisory committee's review of each written report,
512512 the advisory committee shall use the criteria required for an applicable
513513 agency as described in subsection (f).
514514 (h) (1) In reviewing an application and each applicable agency's
515515 written report, the regulatory relief office shall consult with each
516516 applicable agency and the advisory committee before admitting an
517517 applicant into the general regulatory sandbox program. Such consultation
518518 may seek information regarding whether the applicable agency has
519519 previously:
520520 (A) Issued a license or other authorization to the applicant; and
521521 (B) investigated, sanctioned or pursued legal action against the
522522 applicant.
523523 (2) In reviewing an application, if a competitor to an applicant is or
524524 has been a regulatory relief sandbox program participant, the regulatory
525525 relief office and each applicable agency shall weigh such competitor's
526526 participation as a factor in favor of allowing the applicant to also become a
527527 sandbox participant.
528528 (i) In reviewing an application under this section, the regulatory relief
529529 office shall consider if:
530530 (1) The applicant's plan will adequately protect consumers from
531531 potential harm identified by an applicable agency in the written report;
532532 (2) the risk of harm to consumers is outweighed by the potential
533533 benefits to consumers from the applicant's participation in the general
534534 regulatory sandbox program; and
535535 (3) certain rules and regulations that regulate an offering should not
536536 be waived or suspended even if the applicant is approved as a sandbox
537537 participant, including applicable anti-fraud or disclosure provisions.
538538 (j) An applicant becomes a sandbox participant if the regulatory relief
539539 office approves the application and enters into a written agreement with
540540 the applicant describing the specific rules and regulations that are waived
541541 or suspended as part of participation in the general regulatory sandbox
542542 program.
543543 (1) The regulatory relief office shall not enter into a written
544544 agreement with an applicant that waives or suspends a tax, fee or charge
545545 that is administered under the provisions of chapter 79 of the Kansas
546546 Statutes Annotated, and amendments thereto.
547547 (2) The director may deny any application submitted under this
548548 section for any reason, including if the director determines that suspending
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592592 or waiving enforcement of rule and regulation would cause a significant
593593 risk of harm to consumers or residents of the state.
594594 (3) (A) If the director denies an application, the regulatory relief
595595 office shall provide to the applicant a written description of the reasons for
596596 not allowing the applicant to be a sandbox participant.
597597 (B) The denial of an application submitted under this section shall not
598598 be subject to the administrative procedure act or the Kansas judicial review
599599 act.
600600 (C) The director shall deny an application for participation in the
601601 general regulatory sandbox program described by this section if the
602602 applicant or any person who seeks to participate with the applicant, in
603603 demonstrating that an offering has been convicted, entered a plea of nolo
604604 contendere for any crime involving significant theft, fraud or dishonesty if
605605 the crime bears a significant relationship to the applicant's or other
606606 participant's ability to safely and competently participate in the general
607607 regulatory sandbox program.
608608 (4) When an applicant is approved for participation in the general
609609 regulatory sandbox program, the director may provide notice of the
610610 approval to competitors of the applicant and to the public.
611611 New Sec. 4. (a) If the regulatory relief office approves an application
612612 under sections 1 through 3, and amendments thereto, the sandbox
613613 participant shall have 12 months after the date when the application was
614614 approved to demonstrate the offering described in the application.
615615 (b) An offering that is demonstrated within the general regulatory
616616 sandbox program is subject to the following limitations:
617617 (1) Each consumer shall be a resident of Kansas; and
618618 (2) no rule and regulation shall be waived or suspended if such
619619 waiver or suspension would prevent a consumer from seeking restitution
620620 in the event that the consumer is harmed.
621621 (c) (1) A sandbox participant who holds a license or other
622622 authorization in another jurisdiction shall not be restricted from acting in
623623 accordance with that license or other authorization.
624624 (2) A sandbox participant is deemed to possess an appropriate license
625625 or other authorization under the laws of the state for the purposes of any
626626 provision of federal law requiring licensure or other authorization by the
627627 state.
628628 (3) Except as provided in paragraph (5), during the demonstration
629629 period, a sandbox participant shall not be subject to the enforcement of
630630 rules and regulations identified in the written agreement between the
631631 regulatory relief office and the sandbox participant described in section
632632 3(j), and amendments thereto;
633633 (4) (A) A prosecutor shall not file or pursue charges pertaining to a
634634 rule and regulation identified in the written agreement between the
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678678 regulatory relief office and the sandbox participant described in section
679679 3(j), and amendments thereto, that occurs during the demonstration period;
680680 and
681681 (B) an agency shall not file or pursue any punitive action against a
682682 sandbox participant, including a fine or license suspension or revocation,
683683 for the violation of a rule and regulation that:
684684 (i) Is identified as being waived or suspended in the written
685685 agreement between the regulatory relief office and the sandbox participant
686686 described in section 3(j), and amendments thereto; and
687687 (ii) occurs during the demonstration period.
688688 (5) A sandbox participant shall not have immunity related to any
689689 criminal offense committed during the sandbox participant's participation
690690 in the general regulatory sandbox program.
691691 (6) By written notice, the regulatory relief office may end a sandbox
692692 participant's participation in the general regulatory sandbox program at any
693693 time and for any reason, including if the director determines that a sandbox
694694 participant is not operating in good faith to bring an innovative offering to
695695 market.
696696 (7) The regulatory relief office and the regulatory relief office's
697697 employees shall be not held liable for any business losses or the recouping
698698 of application expenses or other expenses related to the general regulatory
699699 sandbox program, including for:
700700 (A) Denying an applicant's application to participate in the general
701701 regulatory sandbox program; or
702702 (B) ending a sandbox participant's participation in the general
703703 regulatory sandbox program at any time for any reason.
704704 New Sec. 5. (a) Before demonstrating an offering to a consumer, a
705705 sandbox participant shall disclose to the consumer:
706706 (1) The name and contact information of the sandbox participant;
707707 (2) that the offering is authorized pursuant to the general regulatory
708708 sandbox program and, if applicable, that the sandbox participant does not
709709 have a license or other authorization to provide an offering under state
710710 laws that regulate offerings outside of the general regulatory sandbox
711711 program;
712712 (3) that the offering is undergoing testing and may not function as
713713 intended and may expose the consumer to certain risks as identified by the
714714 applicable agency's written report;
715715 (4) that the provider of the offering is not immune from civil liability
716716 for any losses or damages caused by the offering;
717717 (5) that the provider of the offering is not immune from criminal
718718 prosecution for violations of state law or rules and regulations that are not
719719 suspended or waived as allowed by the general regulatory sandbox
720720 program;
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764764 (6) that the offering is a temporary demonstration that may be
765765 discontinued at the end of the demonstration period;
766766 (7) the expected end date of the demonstration period; and
767767 (8) that a consumer may contact the regulatory relief office and file a
768768 complaint regarding the offering being demonstrated and provide the
769769 regulatory relief office's telephone number and website address where a
770770 complaint may be filed.
771771 (b) The disclosures required by subsection (a) shall be provided to a
772772 consumer in a clear and conspicuous form, and for an offering on a
773773 website or application, a consumer shall acknowledge receipt of the
774774 disclosure before any transaction may be completed.
775775 (c) The regulatory relief office may require that a sandbox participant
776776 make additional disclosures to a consumer.
777777 New Sec. 6. (a) At least 30 days before the end of the 12-month
778778 general regulatory sandbox program demonstration period, a sandbox
779779 participant shall:
780780 (1) Notify the regulatory relief office that the sandbox participant will
781781 leave the general regulatory sandbox program and discontinue the sandbox
782782 participant's demonstration after the day on which the 12-month
783783 demonstration period ends; or
784784 (2) seek an extension pursuant to subsection (d).
785785 (b) If the regulatory relief office does not receive notification
786786 pursuant to subsection (a), the general regulatory sandbox program
787787 demonstration period shall end at the end of the 12-month testing period.
788788 (c) If a demonstration includes an offering that requires ongoing
789789 duties, the sandbox participant may continue to do so but shall be subject
790790 to enforcement of the rules and regulations that were waived or suspended
791791 as part of the general regulatory sandbox program.
792792 (d) Not later than 30 days before the end of the 12-month general
793793 regulatory sandbox program demonstration period, a sandbox participant
794794 may request an extension of the general regulatory sandbox program
795795 demonstration period.
796796 (1) The regulatory relief office shall grant or deny a request for an
797797 extension in accordance with subsection (a) by the end of the 12-month
798798 general regulatory sandbox program testing period.
799799 (2) The regulatory relief office may grant an extension in accordance
800800 with this section for not more than 12 months after the end of the general
801801 regulatory sandbox program demonstration period.
802802 New Sec. 7. (a) A sandbox participant shall retain records, documents
803803 and data produced in the ordinary course of business regarding an offering
804804 demonstrated in the general regulatory sandbox program.
805805 (1) If a sandbox participant ceases to provide an offering before the
806806 end of a demonstration period, the sandbox participant shall notify the
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850850 regulatory relief office and each applicable agency and report on actions
851851 taken by the sandbox participant to ensure consumers have not been
852852 harmed as a result.
853853 (2) The regulatory relief office shall establish quarterly reporting
854854 requirements for a sandbox participant, including information about any
855855 consumer complaints.
856856 (3) The regulatory relief office may request records, documents and
857857 data from a sandbox participant, and upon the regulatory relief office's
858858 request, the sandbox participant shall make such records, documents and
859859 data available for inspection by the regulatory relief office.
860860 (b) (1) Within three business days, the sandbox participant shall
861861 notify the regulatory relief office, each applicable agency and the joint
862862 committee on administrative rules and regulations of the existence of any
863863 incidents that result in harm to the health, safety or financial well-being of
864864 a consumer. Within seven business days, the sandbox participant shall
865865 provide the details surrounding any such incident to the regulatory relief
866866 office, each applicable agency and the joint committee on administrative
867867 rules and regulations.
868868 (2) If a sandbox participant fails to notify the regulatory relief office
869869 and each applicable agency of any incidents as described in this subsection
870870 or the regulatory relief office or an applicable agency has evidence that
871871 significant harm to a consumer has occurred, the regulatory relief office
872872 may immediately remove the sandbox participant from the general
873873 regulatory sandbox program.
874874 (c) Not later than 30 days after the date when a sandbox participant
875875 leaves the general regulatory sandbox program, the sandbox participant
876876 shall submit an exit report to the regulatory relief office, each applicable
877877 agency and the joint committee on administrative rules and regulations
878878 describing an overview of the sandbox participant's demonstration,
879879 including any:
880880 (1) Incidents of harm to consumers;
881881 (2) legal action filed against the participant as a result of the
882882 participant's demonstration; and
883883 (3) complaints filed with an applicable agency as a result of the
884884 participant's demonstration.
885885 (d) Not later than 30 days after the date when an applicable agency
886886 receives the quarterly reporting described in subsection (g) or an exit
887887 report from a sandbox participant as described in subsection (c), the
888888 applicable agency shall provide a written report to the regulatory relief
889889 office and the joint committee on administrative rules and regulations on
890890 the demonstration that describes any statutory or regulatory reform that the
891891 applicable agency recommends as a result of the demonstration.
892892 (e) The regulatory relief office may remove a sandbox participant
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936936 from the general regulatory sandbox program at any time if the regulatory
937937 relief office determines that a sandbox participant has engaged in, is
938938 engaging in, or is about to engage in any practice or transaction that is in
939939 violation of sections 1 through 7, and amendments thereto, or constitutes a
940940 violation of a law or rule and regulation for which suspension or waiver
941941 has not been granted.
942942 (f) The regulatory relief office shall create and maintain a website
943943 that invites residents and businesses in the state to make suggestions
944944 regarding laws and rules and regulations that could be modified or
945945 eliminated to reduce the regulatory burden of residents and businesses in
946946 the state.
947947 (g) (1) On at least a quarterly basis, the regulatory relief office shall
948948 compile the results of suggestions from the website and provide a report to
949949 the governor, the senate standing committee on commerce, the house
950950 standing committee on commerce, labor and economic development and
951951 the joint committee on administrative rules and regulations or their
952952 successor committees.
953953 (2) In creating such report, the regulatory relief office:
954954 (A) Shall ensure that private information of residents and businesses
955955 that make suggestions on the website is not made public; and
956956 (B) may evaluate the suggestions and provide analysis and
957957 suggestions regarding which state laws and rules and regulations could be
958958 modified or eliminated to reduce the regulatory burden on residents and
959959 businesses in the state while still protecting consumers.
960960 Sec. 8. K.S.A. 75-4319 is hereby amended to read as follows: 75-
961961 4319. (a) Upon formal motion made, seconded and carried, all public
962962 bodies and agencies subject to the open meetings act may recess, but not
963963 adjourn, open meetings for closed or executive meetings. Any motion to
964964 recess for a closed or executive meeting shall include: (1) A statement
965965 describing the subjects to be discussed during the closed or executive
966966 meeting; (2) the justification listed in subsection (b) for closing the
967967 meeting; and (3) the time and place at which the open meeting shall
968968 resume. The complete motion shall be recorded in the minutes of the
969969 meeting and shall be maintained as a part of the permanent records of the
970970 public body or agency. Discussion during the closed or executive meeting
971971 shall be limited to those subjects stated in the motion.
972972 (b) Justifications for recess to a closed or executive meeting may only
973973 include the following, the need:
974974 (1) To discuss personnel matters of nonelected personnel;
975975 (2) for consultation with an attorney for the public body or agency
976976 which would be deemed privileged in the attorney-client relationship;
977977 (3) to discuss employer-employee negotiations whether or not in
978978 consultation with the representative or representatives of the public body
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10221022 or agency;
10231023 (4) to discuss data relating to financial affairs or trade secrets of
10241024 corporations, partnerships, trusts, and individual proprietorships;
10251025 (5) to discuss matters relating to actions adversely or favorably
10261026 affecting a person as a student, patient or resident of a public institution,
10271027 except that any such person shall have the right to a public hearing if
10281028 requested by the person;
10291029 (6) for the preliminary discussion of the acquisition of real property;
10301030 (7) to discuss matters relating to parimutuel racing permitted to be
10311031 discussed in a closed or executive meeting pursuant to K.S.A. 74-8804,
10321032 and amendments thereto;
10331033 (8) to discuss matters relating to the care of children permitted to be
10341034 discussed in a closed or executive meeting pursuant to K.S.A. 38-2212(d)
10351035 (1) or 38-2213(e), and amendments thereto;
10361036 (9) to discuss matters relating to the investigation of child deaths
10371037 permitted to be discussed in a closed or executive meeting pursuant to
10381038 K.S.A. 22a-243(j), and amendments thereto;
10391039 (10) to discuss matters relating to patients and providers permitted to
10401040 be discussed in a closed or executive meeting pursuant to K.S.A. 39-
10411041 7,119(g), and amendments thereto;
10421042 (11) to discuss matters required to be discussed in a closed or
10431043 executive meeting pursuant to a tribal-state gaming compact;
10441044 (12) to discuss matters relating to security measures, if the discussion
10451045 of such matters at an open meeting would jeopardize such security
10461046 measures, that protect: (A) Systems, facilities or equipment used in the
10471047 production, transmission or distribution of energy, water or
10481048 communications services; (B) transportation and sewer or wastewater
10491049 treatment systems, facilities or equipment; (C) a public body or agency,
10501050 public building or facility or the information system of a public body or
10511051 agency; or (D) private property or persons, if the matter is submitted to the
10521052 public body or agency for purposes of this paragraph. For purposes of this
10531053 paragraph, security means measures that protect against criminal acts
10541054 intended to intimidate or coerce the civilian population, influence
10551055 government policy by intimidation or coercion or to affect the operation of
10561056 government by disruption of public services, mass destruction,
10571057 assassination or kidnapping. Security measures include, but are not limited
10581058 to, intelligence information, tactical plans, resource deployment and
10591059 vulnerability assessments;
10601060 (13) to discuss matters relating to maternity centers and child care
10611061 facilities permitted to be discussed in a closed or executive meeting
10621062 pursuant to K.S.A. 65-525(d), and amendments thereto;
10631063 (14) to discuss matters relating to the office of inspector general
10641064 permitted to be discussed in a closed or executive meeting pursuant to
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11081108 K.S.A. 75-7427, and amendments thereto; and
11091109 (15) for the governor's domestic violence fatality review board to
11101110 conduct case reviews;
11111111 (16) for the general regulatory sandbox program advisory committee
11121112 to discuss applications to the general regulatory sandbox program.
11131113 (c) No binding action shall be taken during closed or executive
11141114 recesses, and such recesses shall not be used as a subterfuge to defeat the
11151115 purposes of this act.
11161116 (d) Any confidential records or information relating to security
11171117 measures provided or received under the provisions of subsection (b)(12),
11181118 shall not be subject to subpoena, discovery or other demand in any
11191119 administrative, criminal or civil action.
11201120 Sec. 9. K.S.A. 75-4319 is hereby repealed.
11211121 Sec. 10. This act shall take effect and be in force from and after its
11221122 publication in the statute book.
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