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HOUSE BILL No. 2291
AN ACT creating the regulatory relief division within the office of the attorney general;
establishing the general regulatory sandbox program to waive or suspend
administrative rules and regulations for program participants; amending K.S.A. 75-
4319 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. As used in sections 1 through 7, and amendments
thereto:
(a) "Agency" means any officer, department, bureau, division,
board, authority, agency, commission or institution of this state, except
the judicial and legislative branches, that is authorized by law to adopt
rules and regulations concerning the administration, enforcement or
interpretation of any law of this state;
(b) "records" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form; and
(c) "written report" means the report written by an applicable
agency required by section 3(f), and amendments thereto.
New Sec. 2. (a) (1) There is hereby established within the office of
the attorney general a regulatory relief division to administer and
support the operations of the general regulatory sandbox program.
(2) The attorney general shall establish and maintain a principal
office for the regulatory relief division within the state, appoint
employees and agents and prescribe the duties and compensation for
each employee and agent subject to appropriations. The regulatory
relief division shall be headed by a director appointed by the attorney
general. Such director shall report to the attorney general and may
appoint staff subject to the approval of the attorney general.
Appointments of employees by the attorney general or by the director
and approved by the attorney general shall be limited to one full-time
and one part-time employee, unless additional staff is requested by and
authorized pursuant to appropriations as approved by the house
committee on appropriations and the senate committee on ways and
means.
(b) (1) The regulatory relief division shall:
(A) Administer the provisions of this section;
(B) administer the general regulatory sandbox program; and
(C) act as a liaison between private businesses and applicable
agencies to identify rules and regulations that could be waived or
suspended under the general regulatory sandbox program.
(2) The regulatory relief division may:
(A) Review state laws and rules and regulations that may
unnecessarily inhibit the creation or success of new and existing
companies and provide recommendations to the governor and the
legislature on amending or repealing such state laws and rules and
regulations;
(B) create a framework for analyzing the risk level to the health,
safety and financial well-being of consumers related to repealing state
laws and repealing or waiving the requirements of rules and regulations
identified in subparagraph (A);
(C) propose potential reciprocity agreements between states that
use or are proposing to use similar general regulatory sandbox
programs as described in this section;
(D) adopt rules and regulations regarding the administration of the
general regulatory sandbox program, including rules and regulations
that:
(i) Administer the general regulatory sandbox program; and
(ii) set forth the general regulatory sandbox program application
process and reporting requirements; and
(E) consult and cooperate with other agencies in the state relating
to the general regulatory sandbox program.
(c) (1) There is hereby established the general regulatory sandbox
program advisory committee. The advisory committee shall have 11
members as follows:
(A) Five members who represent business interests from a variety
HOUSE BILL No. 2291—page 2
of industries, appointed by the director;
(B) two members appointed by the director who represent state
agencies that license or regulate businesses;
(C) one member of the senate, appointed by the president of the
senate;
(D) one member of the house of representatives, appointed by the
speaker of the house of representatives;
(E) one member of the senate, appointed by the minority leader of
the senate; and
(F) one member of the house of representatives, appointed by the
minority leader of the house of representatives.
(2) Appointments to the advisory committee made by the director
shall be for four-year renewable terms. Appointments to the advisory
committee made by the president of the senate and the speaker of the
house of representatives shall be for two-year renewable terms. Any
vacancy in the membership of the advisory committee shall be filled for
the unexpired term in the same manner as provided in this paragraph for
the original appointment. Notwithstanding the requirements of this
paragraph, the director may adjust the length of terms of appointments to
the advisory committee, so that approximately half of the advisory
committee is appointed every two years.
(3) The director shall select a chairperson from among the members
of the advisory committee on an annual basis. A quorum of the advisory
committee shall be a majority of the appointed members. All actions of the
advisory committee shall be by motion adopted by a majority of those
members present when there is a quorum.
(4) The advisory committee may meet at any time and at any place
within the state upon the call of the chairperson or a majority of the
members of the advisory committee.
(5) The advisory committee shall advise and make recommendations
to the regulatory relief division as described in this section.
(6) The regulatory relief division shall provide assistance to the
advisory committee to prepare and publish meeting agendas, public
notices, meeting minutes and any research, data or information requested
by the advisory committee.
(7) The advisory committee, in accordance with K.S.A. 75-4319, and
amendments thereto, may recess for a closed or executive meeting when it
is considering matters relating to applications submitted by applicants.
(8) If approved by the legislative coordinating committee, legislative
members of the committee attending meetings authorized by the
committee shall be paid amounts for expenses, mileage and subsistence as
provided in K.S.A. 75-3223(e), and amendments thereto.
(d) Beginning in 2027, on or before the first day of each regular
legislative session, the director of the regulatory relief division shall
prepare and submit a report to the senate standing committee on
commerce, the house standing committee on commerce, labor and
economic development and the joint committee on administrative rules
and regulations or their successor committees. Such report shall include:
(1) Information regarding each participant in the general regulatory
sandbox program, including which industries each participant represents;
(2) the anticipated or actual cost savings that each participant
experienced due to such participant's participation in the general
regulatory sandbox program;
(3) recommendations regarding any laws or rules and regulations that
should be repealed or amended;
(4) information regarding outcomes for consumers; and
(5) recommendations for changes to the general regulatory sandbox
program or other duties of the regulatory relief division.
New Sec. 3. (a) There is hereby created in the regulatory relief
division the general regulatory sandbox program. In the administration of
the general regulatory sandbox program, the regulatory relief division:
(1) Shall consult with each applicable state agency;
(2) shall establish a program to enable a person to obtain legal
protections and limited access to the market in the state to demonstrate an
HOUSE BILL No. 2291—page 3
innovative offering without obtaining a certification or registration that
might otherwise be required by state law, except that:
(A) Nothing in this act shall be construed to permit any waiver or
suspension of any licensing requirement or rule or regulation regarding
licensing or to permit a license to be deemed for purposes of federal or
state law; and
(B) the program shall not be used for any innovative offering
regulated under any provision of the Kansas liquor control act, club and
drinking establishment act or Kansas cereal malt beverage act , and no
waiver or suspension of any licensing requirement or any other rule and
regulation under any such act shall be permitted;
(3) may enter into agreements with or adopt the best practices of
corresponding federal regulatory agencies or other states that are
administering similar programs; and
(4) may consult with businesses in the state about existing or
potential proposals for the general regulatory sandbox program.
(b) (1) The regulatory relief division shall provide relevant
information regarding the regulatory sandbox program and how to apply
for the program. The regulatory relief division may provide assistance to
an applicant in preparing an application for submission.
(2) An applicant to the general regulatory sandbox program may
contact the regulatory relief division to request a consultation regarding
the general regulatory sandbox program before submitting an application.
(3) An applicant to the general regulatory sandbox program shall
provide to the regulatory relief division an application in a form
prescribed by the regulatory relief division that:
(A) Confirms that the applicant is subject to the jurisdiction of
Kansas;
(B) confirms that the applicant has established a physical or virtual
location in the state from where the demonstration of an innovative
offering will be developed and performed and where all required records,
documents and data will be maintained;
(C) contains relevant personal and contact information for the
applicant, including legal names, addresses, telephone numbers, email
addresses, website addresses and other information required by the
regulatory relief division;
(D) discloses criminal convictions of the applicant or other
participating personnel, if any;
(E) contains a description of the innovative offering to be
demonstrated, including statements regarding:
(i) How the offering is subject to legal prohibition or other
authorization requirements outside of the general regulatory sandbox
program;
(ii) each rule and regulation that the applicant seeks to have waived
or suspended while participating in the general regulatory sandbox
program;
(iii) how the offering would benefit consumers;
(iv) how the offering is different from other offerings available in the
state;
(v) what risks might exist for consumers who use or purchase the
offering;
(vi) how participating in the general regulatory sandbox program
would enable a successful demonstration of the offering;
(vii) a description of the proposed demonstration plan, including
estimated time periods for beginning and ending the demonstration;
(viii) recognition that the applicant will be subject to all laws and
rules and regulations pertaining to the applicant's offering after conclusion
of the demonstration; and
(ix) how the applicant will end the demonstration and protect
consumers if the demonstration fails;
(F) lists each agency, if any, that the applicant reasonably believes to
regulate the applicant's business; and
(G) provides any other required information as determined by the
regulatory relief office.
HOUSE BILL No. 2291—page 4
(4) For each application submitted, the regulatory relief office may
collect a fee of not to exceed $250.
(5) An applicant shall file a separate application for each innovative
offering that the applicant seeks to demonstrate.
(c) (1) The application and any related information provided by the
applicant shall be confidential and privileged, except that the application
and related information may be disclosed to an expert contracted by the
division for specific services to review the records.
(2) Except as provided in paragraph 1, the application and any related
information provided by the applicant shall be confidential and privileged
and not be subject to the provisions of the Kansas open records act as
provided by K.S.A. 45-215 et seq., and amendments thereto. The
provisions of this subsection shall expire on July 1, 2030, unless the
legislature reviews and reenacts this provision pursuant to K.S.A. 45-229,
and amendments thereto, prior to July 1, 2030.
(d) After an application is filed, the regulatory relief office shall:
(1) Consult with each applicable agency that regulates the applicant's
business to determine if more information is needed from the applicant;
and
(2) seek any other information from the applicant that the regulatory
relief office determines is necessary for an application to be complete.
(e) Not later than five business days after the day when a complete
application is received, the regulatory relief office shall:
(1) Review the application and refer the application to each
applicable agency that regulates the applicant's business; and
(2) provide to the applicant an acknowledgment of receipt of the
application and the identity and contact information of each agency to
which the application has been referred for review.
(f) (1) Except as provided by this section, not later than 30 days after
the day when an applicable agency receives a complete application for
review, the applicable agency shall provide a written report to the director
of the applicable agency's findings. Such report shall:
(A) Describe any identifiable, likely and significant harm to the
health, safety or financial well-being of consumers against which the
relevant law or rule and regulation protects; and
(B) make a recommendation to the regulatory relief office that the
application either be admitted or denied entrance into the general
regulatory sandbox program.
(2) The applicable agency may request an additional five business
days to deliver the written report by providing notice to the director. Such
request shall automatically be granted, and the applicable agency may
only request one extension per application.
(3) If the applicable agency recommends that an application should
be denied entrance into the general regulatory sandbox program, the
written report shall include a description of the reasons for the
recommendation, including why a temporary waiver or suspension of the
relevant rules and regulations is likely to significantly harm the health,
safety or financial well-being of consumers or the public and the
likelihood of such harm occurring.
(4) If the agency determines that the consumer's or public's health,
safety or financial well-being can be protected through less restrictive
means than the existing relevant rules and regulations, the applicable
agency shall provide a recommendation of how such less restrictive means
can be achieved.
(5) If an applicable agency fails to deliver a written report as
described in this section, the director shall assume that the applicable
agency does not object to the temporary waiver or suspension of the
relevant rules and regulations for the application seeking to participate in
the general regulatory sandbox program.
(6) Notwithstanding any other provision of this section, an applicable
agency may:
(A) By written notice to the regulatory relief office not more than 30
days after the date when the applicable agency receives a completed
application for review, or within 35 days if an extension has been
HOUSE BILL No. 2291—page 5
requested by the applicable agency, reject an application if the applicable
agency determines, in the applicable agency's sole discretion, that the
applicant's offering fails to comply with standards or specifications
required by federal law or regulation or previously approved for use by a
federal agency; or
(B) reject an application preliminarily approved by the regulatory
relief office, if the applicable agency recommended rejection of the
application in the agency's written report and provides in the written
notice under subparagraph (A) a description of the applicable agency's
reasons why approval of the application would create a substantial risk of
harm to the health or safety of the public or create unreasonable expenses
for taxpayers in the state.
(7) If an applicable agency rejects an application under paragraph
(6), the regulatory relief office shall not approve such application unless
the advisory committee recommends that the application should be
approved by a 2/3 vote.
(g) (1) Upon receiving a written report, the director shall provide the
application and the written report to the advisory committee.
(2) The director may call the advisory committee to meet, as needed,
but not less than once per quarter if applications are available for review.
(3) After receiving and reviewing the application and each written
report, the advisory committee shall provide to the director the advisory
committee's recommendation as to whether or not the applicant should be
admitted as a sandbox participant under this section.
(4) As part of the advisory committee's review of each written report,
the advisory committee shall use the criteria required for an applicable
agency as described in subsection (f).
(h) (1) In reviewing an application and each applicable agency's
written report, the regulatory relief office shall consult with each
applicable agency and the advisory committee before admitting an
applicant into the general regulatory sandbox program. Such consultation
may seek information regarding whether the applicable agency has
previously:
(A) Issued a license or other authorization to the applicant; and
(B) investigated, sanctioned or pursued legal action against the
applicant.
(2) In reviewing an application, if a competitor to an applicant is or
has been a regulatory relief sandbox program participant, the regulatory
relief office and each applicable agency shall weigh such competitor's
participation as a factor in favor of allowing the applicant to also become
a sandbox participant.
(i) In reviewing an application under this section, the regulatory
relief office shall consider if:
(1) The applicant's plan will adequately protect consumers from
potential harm identified by an applicable agency in the written report;
(2) the risk of harm to consumers is outweighed by the potential
benefits to consumers from the applicant's participation in the general
regulatory sandbox program; and
(3) certain rules and regulations that regulate an offering should not
be waived or suspended even if the applicant is approved as a sandbox
participant, including applicable anti-fraud or disclosure provisions.
(j) An applicant becomes a sandbox participant if the regulatory
relief office approves the application and enters into a written agreement
with the applicant describing the specific rules and regulations that are
waived or suspended as part of participation in the general regulatory
sandbox program.
(1) The regulatory relief office shall not enter into a written
agreement with an applicant that waives or suspends a tax, fee or charge
that is administered under the provisions of chapter 79 of the Kansas
Statutes Annotated, and amendments thereto.
(2) The director may deny any application submitted under this
section for any reason, including if the director determines that suspending
or waiving enforcement of rule and regulation would cause a significant
risk of harm to consumers or residents of the state.
HOUSE BILL No. 2291—page 6
(3) (A) If the director denies an application, the regulatory relief
office shall provide to the applicant a written description of the reasons for
not allowing the applicant to be a sandbox participant.
(B) The denial of an application submitted under this section shall
not be subject to the administrative procedure act or the Kansas judicial
review act.
(C) The director shall deny an application for participation in the
general regulatory sandbox program described by this section if the
applicant or any person who seeks to participate with the applicant, in
demonstrating that an offering has been convicted, entered a plea of nolo
contendere for any crime involving significant theft, fraud or dishonesty if
the crime bears a significant relationship to the applicant's or other
participant's ability to safely and competently participate in the general
regulatory sandbox program.
(4) When an applicant is approved for participation in the general
regulatory sandbox program, the director shall provide notice of the
approval to competitors of the applicant and to the public. Such notice
shall be provided prominently on the website of the attorney general and
the website or webpage of the regulatory relief division, if the regulatory
relief division has a website or webpage.
New Sec. 4. (a) If the regulatory relief office approves an application
under sections 1 through 3, and amendments thereto, the sandbox
participant shall have 24 months after the date when the application was
approved to demonstrate the offering described in the application.
(b) An offering that is demonstrated within the general regulatory
sandbox program is subject to the following limitations:
(1) Each consumer shall be a resident of Kansas; and
(2) no rule and regulation shall be waived or suspended if such
waiver or suspension would prevent a consumer from seeking restitution
in the event that the consumer is harmed.
(c) (1) A sandbox participant who holds a certification or registration
in another jurisdiction shall not be restricted from acting in accordance
with that authorization.
(2) A sandbox participant is deemed to possess an appropriate
certification or registration under the laws of the state for the purposes of
any provision of federal law requiring licensure or other authorization by
the state.
(3) Except as provided in paragraph (5), during the demonstration
period, a sandbox participant shall not be subject to the enforcement of
rules and regulations identified in the written agreement between the
regulatory relief office and the sandbox participant described in section
3(j), and amendments thereto;
(4) (A) A prosecutor shall not file or pursue charges pertaining to a
rule and regulation identified in the written agreement between the
regulatory relief office and the sandbox participant described in section
3(j), and amendments thereto, for any act or ommision that occurs during
the demonstration period; and
(B) an agency shall not file or pursue any punitive action against a
sandbox participant, including a fine or suspension or revocation of a
certification or registration, for the violation of a rule and regulation that:
(i) Is identified as being waived or suspended in the written
agreement between the regulatory relief office and the sandbox participant
described in section 3(j), and amendments thereto; and
(ii) occurs during the demonstration period.
(5) Except as provided by paragraph (4)(A), a sandbox participant
shall not have immunity related to any criminal offense committed during
the sandbox participant's participation in the general regulatory sandbox
program.
(6) By written notice, the regulatory relief office may end a sandbox
participant's participation in the general regulatory sandbox program at
any time and for any reason, including if the director determines that a
sandbox participant is not operating in good faith to bring an innovative
offering to market.
(7) The regulatory relief office and the regulatory relief office's
HOUSE BILL No. 2291—page 7
employees shall be not held liable for any business losses or the recouping
of application expenses or other expenses related to the general regulatory
sandbox program, including for:
(A) Denying an applicant's application to participate in the general
regulatory sandbox program; or
(B) ending a sandbox participant's participation in the general
regulatory sandbox program at any time for any reason.
New Sec. 5. (a) Before demonstrating an offering to a consumer, a
sandbox participant shall disclose to the consumer:
(1) The name and contact information of the sandbox participant;
(2) that the offering is authorized pursuant to the general regulatory
sandbox program and, if applicable, that the sandbox participant does not
have a certification or registration to provide an offering under state laws
that regulate offerings outside of the general regulatory sandbox program;
(3) that the offering is undergoing testing and may not function as
intended and may expose the consumer to certain risks as identified by the
applicable agency's written report;
(4) that the provider of the offering is not immune from civil liability
for any losses or damages caused by the offering;
(5) that the provider of the offering is not immune from criminal
prosecution for violations of state law or rules and regulations that are not
suspended or waived as allowed by the general regulatory sandbox
program;
(6) that the offering is a temporary demonstration that may be
discontinued at the end of the demonstration period;
(7) the expected end date of the demonstration period; and
(8) that a consumer may contact the regulatory relief office and file a
complaint regarding the offering being demonstrated and provide the
regulatory relief office's telephone number and website address where a
complaint may be filed.
(b) The disclosures required by subsection (a) shall be provided to a
consumer in a clear and conspicuous form, and for an offering on a
website or application, a consumer shall acknowledge receipt of the
disclosure before any transaction may be completed.
(c) The regulatory relief office may require that a sandbox participant
make additional disclosures to a consumer.
New Sec. 6. (a) At least 30 days before the end of the 24- month
general regulatory sandbox program demonstration period, a sandbox
participant shall:
(1) Notify the regulatory relief office that the sandbox participant
will leave the general regulatory sandbox program and discontinue the
sandbox participant's demonstration after the day on which the 24-month
demonstration period ends; or
(2) seek an extension pursuant to subsection (d).
(b) If the regulatory relief office does not receive notification
pursuant to subsection (a), the general regulatory sandbox program
demonstration period shall end at the end of the 24-month testing period.
(c) If a demonstration includes an offering that requires ongoing
duties, the sandbox participant may continue to do so but shall be subject
to enforcement of the rules and regulations that were waived or suspended
as part of the general regulatory sandbox program.
(d) Not later than 30 days before the end of the 24-month general
regulatory sandbox program demonstration period, a sandbox participant
may request an extension of the general regulatory sandbox program
demonstration period.
(1) The regulatory relief office shall grant or deny a request for an
extension in accordance with subsection (a) by the end of the 24-month
general regulatory sandbox program testing period.
(2) The regulatory relief office may grant an extension in accordance
with this section for not more than 12 months after the end of the general
regulatory sandbox program demonstration period.
New Sec. 7. (a) A sandbox participant shall retain records, documents
and data produced in the ordinary course of business regarding an offering
demonstrated in the general regulatory sandbox program.
HOUSE BILL No. 2291—page 8
(1) If a sandbox participant ceases to provide an offering before the
end of a demonstration period, the sandbox participant shall notify the
regulatory relief office and each applicable agency and report on actions
taken by the sandbox participant to ensure consumers have not been
harmed as a result.
(2) The regulatory relief office shall establish quarterly reporting
requirements for a sandbox participant, including information about any
consumer complaints.
(3) The regulatory relief office may request records, documents and
data from a sandbox participant, and upon the regulatory relief office's
request, the sandbox participant shall make such records, documents and
data available for inspection by the regulatory relief office.
(b) (1) Within three business days, the sandbox participant shall
notify the regulatory relief office, each applicable agency and the joint
committee on administrative rules and regulations of the existence of any
incidents that result in harm to the health, safety or financial well-being of
a consumer. Within seven business days, the sandbox participant shall
provide the details surrounding any such incident to the regulatory relief
office, each applicable agency and the joint committee on administrative
rules and regulations.
(2) If a sandbox participant fails to notify the regulatory relief office
and each applicable agency of any incidents as described in this
subsection or the regulatory relief office or an applicable agency has
evidence that significant harm to a consumer has occurred, the regulatory
relief office may immediately remove the sandbox participant from the
general regulatory sandbox program.
(c) Not later than 30 days after the date when a sandbox participant
leaves the general regulatory sandbox program, the sandbox participant
shall submit an exit report to the regulatory relief office, each applicable
agency and the joint committee on administrative rules and regulations
describing an overview of the sandbox participant's demonstration,
including any:
(1) Incidents of harm to consumers;
(2) legal action filed against the participant as a result of the
participant's demonstration; and
(3) complaints filed with an applicable agency as a result of the
participant's demonstration.
(d) Not later than 30 days after the date when an applicable agency
receives the quarterly reporting described in subsection (g) or an exit
report from a sandbox participant as described in subsection (c), the
applicable agency shall provide a written report to the regulatory relief
office and the joint committee on administrative rules and regulations on
the demonstration that describes any statutory or regulatory reform that
the applicable agency recommends as a result of the demonstration.
(e) The regulatory relief office may remove a sandbox participant
from the general regulatory sandbox program at any time if the regulatory
relief office determines that a sandbox participant has engaged in, is
engaging in, or is about to engage in any practice or transaction that is in
violation of sections 1 through 7, and amendments thereto, or constitutes a
violation of a law or rule and regulation for which suspension or waiver
has not been granted.
(f) The regulatory relief office shall create and maintain a website
that invites residents and businesses in the state to make suggestions
regarding laws and rules and regulations that could be modified or
eliminated to reduce the regulatory burden of residents and businesses in
the state.
(g) (1) On at least a quarterly basis, the regulatory relief office shall
compile the results of suggestions from the website and provide a report to
the governor, the senate standing committee on commerce, the house
standing committee on commerce, labor and economic development and
the joint committee on administrative rules and regulations or their
successor committees.
(2) In creating such report, the regulatory relief office:
(A) Shall ensure that private information of residents and businesses
HOUSE BILL No. 2291—page 9
that make suggestions on the website is not made public; and
(B) may evaluate the suggestions and provide analysis and
suggestions regarding which state laws and rules and regulations could be
modified or eliminated to reduce the regulatory burden on residents and
businesses in the state while still protecting consumers.
Sec. 8. 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 time and place at which the open meeting shall
resume. 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;
(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
HOUSE BILL No. 2291—page 10
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;
(16) for the general regulatory sandbox program advisory committee
to discuss applications to the general regulatory sandbox program.
(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
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. 9. K.S.A. 75-4319 is hereby repealed.
Sec. 10. 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 passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.