Session of 2025
SENATE BILL No. 70
By Committee on Judiciary
1-23
AN ACT concerning open government; relating to the open records act;
providing for reasonable fees for electronic copies of records;
exempting from disclosure formally closed investigations with no
found violations; requiring district attorneys to file reports of violations
with the attorney in December 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; providing for a five minute
deviation to resume an open meeting at the conclusion of executive
sessions; amending K.S.A. 45-219, 75-7d01, 75-753, 75-4318 and 75-
4319 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 the public agency shall not be
required to provide such items or devices which 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, copies shall be made in the place
where the records are kept. If it is impractical 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.
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(c) Except as provided by subsection (f) 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, including the cost of staff time
required to make the information available.
(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) Fees for access to or copies of public records of public agencies
within the legislative branch of the state government shall be established in
accordance with K.S.A. 46-1207a, and amendments thereto.
(4) 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.
(5) 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. Any person requesting records 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.
(6) A fee for copies of public records which is equal to or less than
$.25 per page shall be deemed a reasonable fee. A fee for electronic copies
of public records which is equal to or less than $.125 per page shall be
deemed a reasonable fee.
(d) 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) 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) Any person who is a certified shorthand reporter may charge fees
for transcripts of such person's notes of judicial or administrative
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proceedings in accordance with rates established pursuant to rules of the
Kansas supreme court.
(g) 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 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.
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(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;
(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
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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
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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 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
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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 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
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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 veterans affairs, to a person conducting
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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.
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(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
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.
(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
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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
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
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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 December 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
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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
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
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Kansas senate or house of representatives.
(h) When a public body or agency subject to the act subdivides itself
into subordinate groups the total membership of the subordinate group
shall be used to determine if a majority of membership participated in a
meeting.
(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 they are under the control,
whether directly or indirectly, of such 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.
Sec. 6. K.S.A. 75-4319 is hereby amended to read as follows: 75-
4319. (a) Upon formal motion made, seconded and carried, all public
bodies and agencies subject to the open meetings act may recess, but not
adjourn, open meetings for closed or executive meetings. Any motion to
recess for a closed or executive meeting shall include: (1) A statement
describing the subjects to be discussed during the closed or executive
meeting; (2) the justification listed in subsection (b) for closing the
meeting; and (3) the estimated time and place at which the open meeting
shall resume. A public body or agency that has entered a closed or
executive meeting shall not be guilty of violation if such closed or
executive meeting concludes five minutes earlier or later than provided in
the motion. The complete motion shall be recorded in the minutes of the
meeting and shall be maintained as a part of the permanent records of the
public body or agency. Discussion during the closed or executive meeting
shall be limited to those subjects stated in the motion.
(b) Justifications for recess to a closed or executive meeting may only
include the following, the need:
(1) To discuss personnel matters of nonelected personnel;
(2) for consultation with an attorney for the public body or agency
which would be deemed privileged in the attorney-client relationship;
(3) to discuss employer-employee negotiations whether or not in
consultation with the representative or representatives of the public body
or agency;
(4) to discuss data relating to financial affairs or trade secrets of
corporations, partnerships, trusts, and individual proprietorships;
(5) to discuss matters relating to actions adversely or favorably
affecting a person as a student, patient or resident of a public institution,
except that any such person shall have the right to a public hearing if
requested by the person;
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(6) for the preliminary discussion of the acquisition of real property;
(7) to discuss matters relating to parimutuel racing permitted to be
discussed in a closed or executive meeting pursuant to K.S.A. 74-8804,
and amendments thereto;
(8) to discuss matters relating to the care of children permitted to be
discussed in a closed or executive meeting pursuant to K.S.A. 38-2212(d)
(1) or 38-2213(e), and amendments thereto;
(9) to discuss matters relating to the investigation of child deaths
permitted to be discussed in a closed or executive meeting pursuant to
K.S.A. 22a-243(j), and amendments thereto;
(10) to discuss matters relating to patients and providers permitted to
be discussed in a closed or executive meeting pursuant to K.S.A. 39-
7,119(g), and amendments thereto;
(11) to discuss matters required to be discussed in a closed or
executive meeting pursuant to a tribal-state gaming compact;
(12) to discuss matters relating to security measures, if the discussion
of such matters at an open meeting would jeopardize such 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; (C) a public body or agency,
public building or facility or the information system of a public body or
agency; or (D) private property or persons, if the matter is submitted to the
public body or agency for purposes of this paragraph. 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;
(13) to discuss matters relating to maternity centers and child care
facilities permitted to be discussed in a closed or executive meeting
pursuant to K.S.A. 65-525(d), and amendments thereto;
(14) to discuss matters relating to the office of inspector general
permitted to be discussed in a closed or executive meeting pursuant to
K.S.A. 75-7427, and amendments thereto; and
(15) for the governor's domestic violence fatality review board to
conduct case reviews.
(c) No binding action shall be taken during closed or executive
recesses, and such recesses shall not be used as a subterfuge to defeat the
purposes of this act.
(d) Any confidential records or information relating to security
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measures provided or received under the provisions of subsection (b)(12),
shall not be subject to subpoena, discovery or other demand in any
administrative, criminal or civil action.
Sec. 7. K.S.A. 45-219, 75-7d01, 75-753, 75-4318 and 75-4319 and
K.S.A. 2024 Supp. 45-221 are hereby repealed.
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.
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