HOUSE BILL No. 2134
AN ACT concerning open records and open meetings; relating to the open records act;
limiting certain charges for furnishing records and employee time required to make
records available; exempting records compiled in the process of formally closed
investigations with no found violations and records that contain material that is
obscene from disclosure; requiring county or district attorneys to file reports of
violations of the open records act and open meetings act with the attorney general in
October instead of January; relating to the open meetings act; determining the
membership calculation of subordinate groups; requiring public bodies or agencies
that live stream meetings to ensure that the public is able to observe; amending
K.S.A. 45-219, 75-7d01, 75-753 and 75-4318 and K.S.A. 2024 Supp. 45-221 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 45-219 is hereby amended to read as follows:
45-219. (a) Any person may make abstracts or obtain copies of any
public record to which such person has access under this act. If copies
are requested, the public agency may require a written request and
advance payment of the prescribed fee. A public agency shall not be
required to provide copies of radio or recording tapes or discs, video
tapes or films, pictures, slides, graphics, illustrations or similar audio or
visual items or devices, unless such items or devices were shown or
played to a public meeting of the governing body thereof, but except
that the public agency shall not be required to provide such items or
devices which that are copyrighted by a person other than the public
agency.
(b) Copies of public records shall be made while the records are in
the possession, custody and control of the custodian or a person
designated by the custodian and shall be made under the supervision of
such custodian or person. When practical Whenever practicable, copies
shall be made in the place where the records are kept. If it is impractical
not practicable to do so, the custodian shall allow arrangements to be
made for use of other facilities. If it is necessary to use other facilities
for copying, the cost thereof shall be paid by the person desiring a copy
of the records. In addition, the public agency may charge the same fee
for the services rendered in supervising the copying as for furnishing
copies under subsection (c) and may establish a reasonable schedule of
times for making copies at other facilities.
(c) Except as provided by subsection (f) (h) or where fees for
inspection or for copies of a public record are prescribed by statute,
each public agency may prescribe reasonable fees for providing access
to or furnishing copies of public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not
exceed the actual cost of furnishing copies the requested records,
including the cost of staff time required to make the information
available. Actual costs may include the cost to review and redact the
requested records but shall not include incidental costs incurred by the
public agency that are not attributable to furnishing the requested
records.
(2) In the case of fees for providing access to records maintained
on computer facilities, the fees shall include only the cost of any
computer services, including staff time required.
(3) If the public agency incurs costs for staff time to provide
access to or furnish copies of public records, the agency shall use in
good faith the lowest-cost category of staff reasonably necessary to
provide access to or furnish copies of public records. Charges for staff
time shall be based on the employee's salary or hourly wage. Charges
for staff time shall not include the costs of employee benefits.
(4) Upon request, a public agency shall provide to the person
requesting access to or copies of public records pursuant to this section
an itemized statement of costs incurred by the public agency and
charged to such requester. Such itemized statement shall include, but
not be limited to, the hourly rates charged for each employee involved
in making the requested records available and an itemized list of any
other fees charged to provide access to or furnish copies of the
requested records.
(5) Fees for access to or copies of public records of public HOUSE BILL No. 2134—page 2
agencies within the legislative branch of the state government shall be
established in accordance with K.S.A. 46-1207a, and amendments
thereto, and the provisions of this section.
(4)(6) Fees for access to or copies of public records of public
agencies within the judicial branch of the state government shall be
established in accordance with rules of the supreme court and the
provisions of this section.
(5)(7) Fees for access to or copies of public records of a public
agency within the executive branch of the state government shall be
established by the agency head within the executive branch of the state
government shall be established in accordance with the provisions of
this section by the agency head.
(d) Any person requesting records within the executive branch
may appeal the reasonableness of the fees charged for providing access
to or furnishing copies of such records to the secretary of
administration, whose decision shall be final. A fee for copies of public
records which is equal to or less than $.25 per page shall be deemed a
reasonable fee.
(d)(e) (1) When the staff time needed to respond to a records
request will exceed five hours or the estimated actual cost for staff time
needed to fill the request exceeds $200, the public agency shall make
reasonable efforts to contact the requester and engage in interactive
communication about mitigating costs to fill the request. The requester
is not obligated to mitigate costs.
(2) If a public agency has made reasonable efforts to contact the
requester pursuant to this section and the requester has failed to
respond by the end of the third business day, the records request will be
deemed to be withdrawn until a subsequent contact has been made by
the requester to the public agency.
(3) As used in this subsection, "reasonable efforts to contact the
requester" means contacting the requester through the means of
communication that the requester provided to be used by the agency to
respond to the request.
(f) Except as otherwise authorized pursuant to K.S.A. 75-4215,
and amendments thereto, each public agency within the executive
branch of the state government shall remit all moneys received by or
for it from fees charged pursuant to this section to the state treasurer in
accordance with K.S.A. 75-4215, and amendments thereto. Unless
otherwise specifically provided by law, the state treasurer shall deposit
the entire amount thereof in the state treasury and credit the same to the
state general fund or an appropriate fee fund as determined by the
agency head.
(e)(g) Each public agency of a political or taxing subdivision shall
remit all moneys received by or for it from fees charged pursuant to this
act to the treasurer of such political or taxing subdivision at least
monthly. Upon receipt of any such moneys, such treasurer shall deposit
the entire amount thereof in the treasury of the political or taxing
subdivision and credit the same to the general fund thereof, unless
otherwise specifically provided by law.
(f)(h) Any person who is a certified shorthand reporter may charge
fees for transcripts of such person's notes of judicial or administrative
proceedings in accordance with rates established pursuant to rules of
the Kansas supreme court.
(g)(i) Nothing in the open records act shall require a public agency
to electronically make copies of public records by allowing a person to
obtain copies of a public record by inserting, connecting or otherwise
attaching an electronic device provided by such person to the computer
or other electronic device of the public agency.
Sec. 2. K.S.A. 2024 Supp. 45-221 is hereby amended to read as
follows: 45-221. (a) Except to the extent disclosure is otherwise
required by law, a public agency shall not be required to disclose:
(1) Records the disclosure of which is specifically prohibited or
restricted by federal law, state statute or rule of the Kansas supreme
court or rule of the senate committee on confirmation oversight relating HOUSE BILL No. 2134—page 3
to information submitted to the committee pursuant to K.S.A. 75-
4315d, and amendments thereto, or the disclosure of which is
prohibited or restricted pursuant to specific authorization of federal law,
state statute or rule of the Kansas supreme court or rule of the senate
committee on confirmation oversight relating to information submitted
to the committee pursuant to K.S.A. 75-4315d, and amendments
thereto, to restrict or prohibit disclosure.
(2) Records that are privileged under the rules of evidence, unless
the holder of the privilege consents to the disclosure.
(3) Medical, psychiatric, psychological or alcoholism or drug
dependency treatment records that pertain to identifiable patients.
(4) Personnel records, performance ratings or individually
identifiable records pertaining to employees or applicants for
employment, except that this exemption shall not apply to the names,
positions, salaries or actual compensation employment contracts or
employment-related contracts or agreements and lengths of service of
officers and employees of public agencies once they are employed as
such.
(5) Information that would reveal the identity of any undercover
agent or any informant reporting a specific violation of law.
(6) Letters of reference or recommendation pertaining to the
character or qualifications of an identifiable individual, except
documents relating to the appointment of persons to fill a vacancy in an
elected office.
(7) Library, archive and museum materials contributed by private
persons, to the extent of any limitations imposed as conditions of the
contribution.
(8) Information that would reveal the identity of an individual who
lawfully makes a donation to a public agency, if anonymity of the
donor is a condition of the donation, except if the donation is intended
for or restricted to providing remuneration or personal tangible benefit
to a named public officer or employee.
(9) Testing and examination materials, before the test or
examination is given or if it is to be given again, or records of
individual test or examination scores, other than records that show only
passage or failure and not specific scores.
(10) Criminal investigation records, except as provided herein.
The district court, in an action brought pursuant to K.S.A. 45-222, and
amendments thereto, may order disclosure of such records, subject to
such conditions as the court may impose, if the court finds that
disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement
action, criminal investigation or prosecution;
(C) would not reveal the identity of any confidential source or
undercover agent;
(D) would not reveal confidential investigative techniques or
procedures not known to the general public;
(E) would not endanger the life or physical safety of any person;
and
(F) would not reveal the name, address, phone number or any
other information that specifically and individually identifies the victim
of any sexual offense described in article 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter
21 of the Kansas Statutes Annotated, and amendments thereto.
If a public record is discretionarily closed by a public agency
pursuant to this subsection, the record custodian, upon request, shall
provide a written citation to the specific provisions of subparagraphs
(A) through (F) that necessitate closure of that public record.
(11) Records of agencies involved in administrative adjudication
or civil litigation, compiled in the process of detecting or investigating
violations of civil law or administrative rules and regulations, if:
(A) Disclosure would interfere with a prospective administrative
adjudication or civil litigation or; HOUSE BILL No. 2134—page 4
(B) disclosure would reveal the identity of a confidential source or
undercover agent; or
(C) the investigation is formally closed and the agency determines
that no violation occurred.
(12) Records of emergency or security information or procedures
of a public agency, if disclosure would jeopardize public safety,
including records of cybersecurity plans, cybersecurity assessments and
cybersecurity vulnerabilities or procedures related to cybersecurity
plans, cybersecurity assessments and cybersecurity vulnerabilities, or
plans, drawings, specifications or related information for any building
or facility that is used for purposes requiring security measures in or
around the building or facility or that is used for the generation or
transmission of power, water, fuels or communications, if disclosure
would jeopardize security of the public agency, building or facility.
(13) The contents of appraisals or engineering or feasibility
estimates or evaluations made by or for a public agency relative to the
acquisition of property, prior to the award of formal contracts therefor.
(14) Correspondence between a public agency and a private
individual, other than correspondence that is intended to give notice of
an action, policy or determination relating to any regulatory,
supervisory or enforcement responsibility of the public agency or that
is widely distributed to the public by a public agency and is not
specifically in response to communications from such a private
individual.
(15) Records pertaining to employer-employee negotiations, if
disclosure would reveal information discussed in a lawful executive
session under K.S.A. 75-4319, and amendments thereto.
(16) Software programs for electronic data processing and
documentation thereof, but each public agency shall maintain a register,
open to the public, that describes:
(A) The information that the agency maintains on computer
facilities; and
(B) the form in which the information can be made available using
existing computer programs.
(17) Applications, financial statements and other information
submitted in connection with applications for student financial
assistance where financial need is a consideration for the award.
(18) Plans, designs, drawings or specifications that are prepared
by a person other than an employee of a public agency or records that
are the property of a private person.
(19) Well samples, logs or surveys that the state corporation
commission requires to be filed by persons who have drilled or caused
to be drilled, or are drilling or causing to be drilled, holes for the
purpose of discovery or production of oil or gas, to the extent that
disclosure is limited by rules and regulations of the state corporation
commission.
(20) Notes, preliminary drafts, research data in the process of
analysis, unfunded grant proposals, memoranda, recommendations or
other records in which opinions are expressed or policies or actions are
proposed, except that this exemption shall not apply when such records
are publicly cited or identified in an open meeting or in an agenda of an
open meeting.
(21) Records of a public agency having legislative powers that
pertain to proposed legislation or amendments to proposed legislation,
except that this exemption shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda
of an open meeting; or
(B) distributed to a majority of a quorum of any body that has
authority to take action or make recommendations to the public agency
with regard to the matters to which such records pertain.
(22) Records of a public agency having legislative powers that
pertain to research prepared for one or more members of such agency,
except that this exemption shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda HOUSE BILL No. 2134—page 5
of an open meeting; or
(B) distributed to a majority of a quorum of any body that has
authority to take action or make recommendations to the public agency
with regard to the matters to which such records pertain.
(23) Library patron and circulation records that pertain to
identifiable individuals.
(24) Records that are compiled for census or research purposes
and which pertain to identifiable individuals.
(25) Records that represent and constitute the work product of an
attorney.
(26) Records of a utility or other public service pertaining to
individually identifiable residential customers of the utility or service.
(27) Specifications for competitive bidding, until the
specifications are officially approved by the public agency.
(28) Sealed bids and related documents, until a bid is accepted or
all bids rejected.
(29) Correctional records pertaining to an identifiable inmate or
release, except that:
(A) The name; photograph and other identifying information;
sentence data; parole eligibility date; custody or supervision level;
disciplinary record; supervision violations; conditions of supervision,
excluding requirements pertaining to mental health or substance abuse
counseling; location of facility where incarcerated or location of parole
office maintaining supervision and address of a releasee whose crime
was committed after the effective date of this act shall be subject to
disclosure to any person other than another inmate or releasee, except
that the disclosure of the location of an inmate transferred to another
state pursuant to the interstate corrections compact shall be at the
discretion of the secretary of corrections;
(B) the attorney general, law enforcement agencies, counsel for
the inmate to whom the record pertains and any county or district
attorney shall have access to correctional records to the extent
otherwise permitted by law;
(C) the information provided to the law enforcement agency
pursuant to the sex offender registration act, K.S.A. 22-4901 et seq.,
and amendments thereto, shall be subject to disclosure to any person,
except that the name, address, telephone number or any other
information that specifically and individually identifies the victim of
any offender required to register as provided by the Kansas offender
registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall
not be disclosed; and
(D) records of the department of corrections regarding the
financial assets of an offender in the custody of the secretary of
corrections shall be subject to disclosure to the victim, or such victim's
family, of the crime for which the inmate is in custody as set forth in an
order of restitution by the sentencing court.
(30) Public records containing information of a personal nature
where the public disclosure thereof would constitute a clearly
unwarranted invasion of personal privacy.
(31) Public records pertaining to prospective location of a business
or industry where no previous public disclosure has been made of the
business' or industry's interest in locating in, relocating within or
expanding within the state. This exception shall not include those
records pertaining to application of agencies for permits or licenses
necessary to do business or to expand business operations within this
state, except as otherwise provided by law.
(32) Engineering and architectural estimates made by or for any
public agency relative to public improvements.
(33) Financial information submitted by contractors in
qualification statements to any public agency.
(34) Records involved in the obtaining and processing of
intellectual property rights that are expected to be, wholly or partially
vested in or owned by a state educational institution, as defined in
K.S.A. 76-711, and amendments thereto, or an assignee of the HOUSE BILL No. 2134—page 6
institution organized and existing for the benefit of the institution.
(35) Any report or record that is made pursuant to K.S.A. 65-
4922, 65-4923 or 65-4924, and amendments thereto, and that is
privileged pursuant to K.S.A. 65-4915 or 65-4925, and amendments
thereto.
(36) Information that would reveal the precise location of an
archeological site.
(37) Any financial data or traffic information from a railroad
company, to a public agency, concerning the sale, lease or rehabilitation
of the railroad's property in Kansas.
(38) Risk-based capital reports, risk-based capital plans and
corrective orders including the working papers and the results of any
analysis filed with the commissioner of insurance in accordance with
K.S.A. 40-2c20 and 40-2d20, and amendments thereto.
(39) Memoranda and related materials required to be used to
support the annual actuarial opinions submitted pursuant to K.S.A. 40-
409(b), and amendments thereto.
(40) Disclosure reports filed with the commissioner of insurance
under K.S.A. 40-2,156(a), and amendments thereto.
(41) All financial analysis ratios and examination synopses
concerning insurance companies that are submitted to the
commissioner by the national association of insurance commissioners'
insurance regulatory information system.
(42) Any records the disclosure of which is restricted or prohibited
by a tribal-state gaming compact.
(43) Market research, market plans, business plans and the terms
and conditions of managed care or other third-party contracts,
developed or entered into by the university of Kansas medical center in
the operation and management of the university hospital that the
chancellor of the university of Kansas or the chancellor's designee
determines would give an unfair advantage to competitors of the
university of Kansas medical center.
(44) The amount of franchise tax paid to the secretary of revenue
or the secretary of state by domestic corporations, foreign corporations,
domestic limited liability companies, foreign limited liability
companies, domestic limited partnership, foreign limited partnership,
domestic limited liability partnerships and foreign limited liability
partnerships.
(45) Records, other than criminal investigation records, the
disclosure of which would pose a substantial likelihood of revealing
security measures that protect:
(A) Systems, facilities or equipment used in the production,
transmission or distribution of energy, water or communications
services;
(B) transportation and sewer or wastewater treatment systems,
facilities or equipment; or
(C) private property or persons, if the records are submitted to the
agency. For purposes of this paragraph, security means measures that
protect against criminal acts intended to intimidate or coerce the
civilian population, influence government policy by intimidation or
coercion or to affect the operation of government by disruption of
public services, mass destruction, assassination or kidnapping. Security
measures include, but are not limited to, intelligence information,
tactical plans, resource deployment and vulnerability assessments.
(46) Any information or material received by the register of deeds
of a county from military discharge papers, DD Form 214. Such papers
shall be disclosed: To the military dischargee; to such dischargee's
immediate family members and lineal descendants; to such dischargee's
heirs, agents or assigns; to the licensed funeral director who has
custody of the body of the deceased dischargee; when required by a
department or agency of the federal or state government or a political
subdivision thereof; when the form is required to perfect the claim of
military service or honorable discharge or a claim of a dependent of the
dischargee; and upon the written approval of the commissioner of HOUSE BILL No. 2134—page 7
veterans affairs Kansas office of veterans services, to a person
conducting research.
(47) Information that would reveal the location of a shelter or a
safehouse or similar place where persons are provided protection from
abuse or the name, address, location or other contact information of
alleged victims of stalking, domestic violence or sexual assault.
(48) Policy information provided by an insurance carrier in
accordance with K.S.A. 44-532(h)(1), and amendments thereto. This
exemption shall not be construed to preclude access to an individual
employer's record for the purpose of verification of insurance coverage
or to the department of labor for their business purposes.
(49) An individual's e-mail address, cell phone number and other
contact information that has been given to the public agency for the
purpose of public agency notifications or communications that are
widely distributed to the public.
(50) Information provided by providers to the local collection
point administrator or to the 911 coordinating council pursuant to the
Kansas 911 act upon request of the party submitting such records.
(51) Records of a public agency on a public website that are
searchable by a keyword search and identify the home address or home
ownership of: A law enforcement officer as defined in K.S.A. 21-5111,
and amendments thereto; a parole officer; a probation officer; a court
services officer; a community correctional services officer; a local
correctional officer or local detention officer; a federal judge; a justice
of the supreme court; a judge of the court of appeals; a district judge; a
district magistrate judge; a municipal judge; a presiding officer who
conducts hearings pursuant to the Kansas administrative procedure act;
an administrative law judge employed by the office of administrative
hearings; a member of the state board of tax appeals; an administrative
law judge who conducts hearings pursuant to the workers
compensation act; a member of the workers' compensation appeals
board; the United States attorney for the district of Kansas; an assistant
United States attorney; a special assistant United States attorney; the
attorney general; an assistant attorney general; a special assistant
attorney general; a county attorney; an assistant county attorney; a
special assistant county attorney; a district attorney; an assistant district
attorney; a special assistant district attorney; a city attorney; an
assistant city attorney; or a special assistant city attorney. Such person
shall file with the custodian of such record a request to have such
person's identifying information restricted from public access on such
public website. Within 10 business days of receipt of such requests, the
public agency shall restrict such person's identifying information from
such public access. Such restriction shall expire after five years and
such person may file with the custodian of such record a new request
for restriction at any time.
(52) Records of a public agency that would disclose the name,
home address, zip code, e-mail address, phone number or cell phone
number or other contact information for any person licensed to carry
concealed handguns or of any person who enrolled in or completed any
weapons training in order to be licensed or has made application for
such license under the personal and family protection act, K.S.A. 75-
7c01 et seq., and amendments thereto, shall not be disclosed unless
otherwise required by law.
(53) Records of a utility concerning information about cyber
security threats, attacks or general attempts to attack utility operations
provided to law enforcement agencies, the state corporation
commission, the federal energy regulatory commission, the department
of energy, the southwest power pool, the North American electric
reliability corporation, the federal communications commission or any
other federal, state or regional organization that has a responsibility for
the safeguarding of telecommunications, electric, potable water, waste
water disposal or treatment, motor fuel or natural gas energy supply
systems.
(54) Records of a public agency containing information or reports HOUSE BILL No. 2134—page 8
obtained and prepared by the office of the state bank commissioner in
the course of licensing or examining a person engaged in money
transmission business pursuant to K.S.A. 9-508 et seq., and
amendments thereto, shall not be disclosed except pursuant to K.S.A.
9-513c, and amendments thereto, or unless otherwise required by law.
(55) Records of a public agency that contain captured license plate
data or that pertain to the location of an automated license plate
recognition system.
(56) Records of a public agency that contain material that is
obscene as defined in K.S.A. 21-6401, and amendments thereto.
(b) Except to the extent disclosure is otherwise required by law or
as appropriate during the course of an administrative proceeding or on
appeal from agency action, a public agency or officer shall not disclose
financial information of a taxpayer that may be required or requested
by a county appraiser or the director of property valuation to assist in
the determination of the value of the taxpayer's property for ad valorem
taxation purposes; or any financial information of a personal nature
required or requested by a public agency or officer, including a name,
job description or title revealing the salary or other compensation of
officers, employees or applicants for employment with a firm,
corporation or agency, except a public agency. Nothing contained
herein shall be construed to prohibit the publication of statistics, so
classified as to prevent identification of particular reports or returns and
the items thereof.
(c) As used in this section, the term ''cited or identified'' does not
include a request to an employee of a public agency that a document be
prepared.
(d) If a public record contains material that is not subject to
disclosure pursuant to this act, the public agency shall separate or
delete such material and make available to the requester that material in
the public record that is subject to disclosure pursuant to this act. If a
public record is not subject to disclosure because it pertains to an
identifiable individual, the public agency shall delete the identifying
portions of the record and make available to the requester any
remaining portions that are subject to disclosure pursuant to this act,
unless the request is for a record pertaining to a specific individual or to
such a limited group of individuals that the individuals' identities are
reasonably ascertainable, the public agency shall not be required to
disclose those portions of the record that pertain to such individual or
individuals.
(e) The provisions of this section shall not be construed to exempt
from public disclosure statistical information not descriptive of any
identifiable person.
(f) Notwithstanding the provisions of subsection (a), any public
record that has been in existence more than 70 years shall be open for
inspection by any person unless disclosure of the record is specifically
prohibited or restricted by federal law, state statute or rule of the
Kansas supreme court or by a policy adopted pursuant to K.S.A. 72-
6214, and amendments thereto.
(g) Any confidential records or information relating to security
measures provided or received under the provisions of subsection (a)
(45) shall not be subject to subpoena, discovery or other demand in any
administrative, criminal or civil action.
Sec. 3. K.S.A. 75-7d01 is hereby amended to read as follows: 75-
7d01. (a) There is hereby created in the office of the attorney general a
batterer intervention program certification unit.
(b) Except as otherwise provided by law, The books, documents,
papers, records or other sources of information obtained and the
investigations conducted by the unit shall be confidential as required by
state or federal law.
(c) The purpose of the batterer intervention program certification
unit is to certify and inspect batterer intervention programs in Kansas.
To accomplish this purpose, upon request of the unit, the unit shall have
access to all records of reports, investigation documents and written HOUSE BILL No. 2134—page 9
reports of findings related to confirmed cases of domestic violence or
exploitation of persons or cases in which there is reasonable suspicion
to believe domestic violence has occurred that are received or
generated by the Kansas department for children and families, the
Kansas department for aging and disability services, the department of
health and environment or the Kansas bureau of investigation.
(d) The attorney general shall develop a set of tools,
methodologies, requirements and forms for the domestic violence
offender assessment required by K.S.A. 21-6604(p), and amendments
thereto. The batterer intervention program tools, methodologies,
requirements and forms shall be developed in consultation with the
agency certified by the centers for disease control and prevention and
the department of health and human services as the domestic violence
coalition for the state and with local domestic violence victims' services
organizations.
(e) The attorney general may appoint a panel to assist the attorney
general by making recommendations regarding the:
(1) Content and development of a batterer intervention
certification program; and
(2) rules and regulations.
(f) The attorney general may appoint such advisory committees as
the attorney general deems necessary to carry out the purposes of the
batterer intervention program certification act. Except as provided in
K.S.A. 75-3212, and amendments thereto, no member of any such
advisory committee shall receive any compensation, subsistence,
mileage or other allowance for serving on an advisory committee or
attending any meeting thereof.
Sec. 4. K.S.A. 75-753 is hereby amended to read as follows: 75-
753. (a) On or before January October 15, of each year, the county or
district attorney of each county shall report to the attorney general all
complaints received during the preceding fiscal year concerning
violations of the open records act and open meetings act and the
disposition of each complaint.
(b) The attorney general shall compile information received
pursuant to subsection (a) with information relating to investigations of
violations of the open records act and the open meetings act conducted
by the office of the attorney general. The attorney general shall publish
a yearly abstract of such information listing by name the public
agencies which are the subject of such complaints or investigations.
Sec. 5. K.S.A. 75-4318 is hereby amended to read as follows: 75-
4318. (a) Subject to the provisions of subsection (g), all meetings for
the conduct of the affairs of, and the transaction 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 public bodies or agencies shall be by secret
ballot. Meetings of task forces, advisory committees or subcommittees
of advisory 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
meeting of a public body or agency designated in subsection (a) 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'
organization 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 or agency may require that a request to receive
notice must be submitted again to the public body or agency prior to the HOUSE BILL No. 2134—page 10
commencement of any subsequent fiscal year of the public body or
agency during which the person wishes to continue receiving notice,
but, prior to discontinuing notice to any person, the public body or
agency 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 mentioned by subsection (a), any agenda
relating to the business to be transacted at such meeting shall be made
available to any person requesting the 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
orderly conduct of the proceedings at such meeting.
(f) Except as provided by section 22 of article 2 of the constitution
of the state of Kansas, interactive communications in a series shall be
open if they collectively involve a majority of the membership of the
public body or agency, share a common topic of discussion concerning
the business or affairs of the public body or agency, and are intended by
any or all of the participants to reach agreement on a matter that would
require binding action to be taken by the public body or agency.
(g) 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 prisoner review board when conducting parole hearings
or parole violation hearings held at a correctional institution;
(3) to any impeachment inquiry or other impeachment matter
referred 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.
(h) When a subcommittee or other subordinate group is created by
a public body or agency, whenever a majority of such subcommittee or
other subordinate group meets, such subcommittee or other
subordinate group shall be subject to the requirements of this act.
(i) Unless otherwise stated in law, a private entity will only be
considered a subordinate group of a legislative or administrative body
of the state or a political and taxing subdivision if such private entity is
under the control, whether directly or indirectly, of a legislative or
administrative body of the state or a political and taxing subdivision.
(j) A public body or agency that voluntarily elects to live stream
their meeting on television, the internet or any other medium shall
ensure that all aspects of the open meeting are available through the
selected medium for the public to observe. An unintentional
technological failure or an action taken by the provider of the selected
medium that disrupts or prevents such live stream shall not constitute a
violation of this subsection. HOUSE BILL No. 2134—page 11
Sec. 6. K.S.A. 45-219, 75-7d01, 75-753 and 75-4318 and K.S.A.
2024 Supp. 45-221 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.