1 | 1 | | Session of 2025 |
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2 | 2 | | SENATE BILL No. 299 |
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3 | 3 | | By Committee on Federal and State Affairs |
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4 | 4 | | 4-10 |
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5 | 5 | | AN ACT concerning courts; relating to the supreme court nominating |
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6 | 6 | | commission; requiring certain records of the commission to be released |
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7 | 7 | | under the open records act; amending K.S.A. 20-123 and repealing the |
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8 | 8 | | existing section. |
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9 | 9 | | Be it enacted by the Legislature of the State of Kansas: |
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10 | 10 | | Section 1. K.S.A. 20-123 is hereby amended to read as follows: 20- |
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11 | 11 | | 123. (a) When the chairperson and other members of the commission |
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12 | 12 | | chosen by the members of the bar have been elected, and after the names |
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13 | 13 | | of the nonlawyer members appointed by the governor have been certified |
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14 | 14 | | to the clerk of the supreme court as provided in this act, the clerk shall |
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15 | 15 | | make a record thereof in the clerk's office and shall notify the members of |
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16 | 16 | | the commission of their election and appointment. The commission shall |
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17 | 17 | | meet from time to time as may be necessary to discharge the |
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18 | 18 | | responsibilities of the commission. Such meetings shall be held at such |
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19 | 19 | | place as the clerk of the supreme court may arrange. Such meeting shall be |
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20 | 20 | | held upon the call of the chairperson, or in the event of the chairperson's |
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21 | 21 | | failure to call a meeting when a meeting is necessary, upon the call of any |
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22 | 22 | | four members of the commission. The commission shall act only at a |
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23 | 23 | | meeting, and may act only by the concurrence of a majority of its |
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24 | 24 | | members. The commission shall have power to adopt such reasonable and |
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25 | 25 | | proper rules and regulations for the conduct of its proceedings and the |
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26 | 26 | | discharge of its duties as are consistent with this act and the constitution of |
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27 | 27 | | the state of Kansas. |
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28 | 28 | | (b) (1) The supreme court nominating commission shall be and is |
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29 | 29 | | hereby deemed to be a public body and shall be subject to the open |
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30 | 30 | | meetings act, K.S.A. 75-4317 et seq., and amendments thereto. |
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31 | 31 | | (2) Except as provided further, the commission shall not recess for a |
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32 | 32 | | closed or executive meeting for any purpose. The commission, in |
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33 | 33 | | accordance with K.S.A. 75-4319, and amendments thereto, may recess for |
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34 | 34 | | a closed or executive meeting only for the purpose of discussing sensitive |
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35 | 35 | | financial information contained within the personal financial records or |
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36 | 36 | | official background check of a candidate for judicial nomination. |
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37 | 37 | | (3) Nothing in this subsection shall be construed to supersede the |
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38 | 38 | | commission's discretion to close a record or portion of a record submitted |
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39 | 39 | | to the commission pursuant to any applicable exception to public |
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75 | 75 | | 36 SB 299 2 |
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76 | 76 | | disclosure under the open records actNotwithstanding the provisions of |
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77 | 77 | | K.S.A. 45-221(a)(1), and amendments thereto, no rule of the commission |
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78 | 78 | | or the Kansas supreme court shall be adopted that prohibits disclosure of |
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79 | 79 | | the records of the commission. All records of the commission, including |
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80 | 80 | | the names and cities of residence of the people who have been nominated |
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81 | 81 | | to serve on the commission or as chair of the commission, shall be open |
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82 | 82 | | and subject to disclosure, except that background check information or |
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83 | 83 | | sensitive financial information of applicants or nominees for judicial |
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84 | 84 | | office contained within such records may be closed by the commission. |
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85 | 85 | | Sec. 2. K.S.A. 20-123 is hereby repealed. |
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86 | 86 | | Sec. 3. This act shall take effect and be in force from and after its |
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87 | 87 | | publication in the statute book. |
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