SB 299

                             SENATE BILL No. 299
AN ACT concerning courts; relating to the supreme court nominating commission;
   requiring certain records of the commission to be released under the open records act;
   amending K.S.A. 20-123 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
    Section 1. K.S.A. 20-123 is hereby amended to read as follows:
20-123. (a) When the chairperson and other members of the
commission chosen by the members of the bar have been elected, and
after the names of the nonlawyer members appointed by the governor
have been certified to the clerk of the supreme court as provided in this
act, the clerk shall make a record thereof in the clerk's office and shall
notify the members of the commission of their election and
appointment. The commission shall meet from time to time as may be
necessary to discharge the responsibilities of the commission. Such
meetings shall be held at such place as the clerk of the supreme court
may arrange. Such meeting shall be held upon the call of the
chairperson, or in the event of the chairperson's failure to call a meeting
when a meeting is necessary, upon the call of any four members of the
commission. The commission shall act only at a meeting, and may act
only by the concurrence of a majority of its members. The commission
shall have power to adopt such reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties as are consistent with this act and the constitution of the state of
Kansas.
    (b) (1) The supreme court nominating commission shall be and is
hereby deemed to be a public body and shall be subject to the open
meetings act, K.S.A. 75-4317 et seq., and amendments thereto.
    (2) Except as provided further, the commission shall not recess for
a closed or executive meeting for any purpose. The commission, in
accordance with K.S.A. 75-4319, and amendments thereto, may recess
for a closed or executive meeting only for the purpose of discussing
sensitive financial information contained within the personal financial
records or official background check of a candidate for judicial
nomination.
    (3) Nothing in this subsection shall be construed to supersede the
commission's discretion to close a record or portion of a record
submitted to the commission pursuant to any applicable exception to
public disclosure under the open records actNotwithstanding the
provisions of K.S.A. 45-221(a)(1), and amendments thereto, no rule of
the commission or the Kansas supreme court shall be adopted that
prohibits disclosure of the records of the commission. All records of the
commission, including the names and cities of residence of the people
who have been nominated to serve on the commission or as chair of the
commission, shall be open and subject to disclosure, except that
background check information or sensitive financial information of
applicants or nominees for judicial office contained within such
records may be closed by the commission.
    Sec. 2. K.S.A. 20-123 is hereby repealed.
                    SENATE BILL No. 299—page 2
   Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
                       _________________________
                                                         President of the Senate.
                        _________________________
                                                         Secretary of the Senate.
Passed the HOUSE
     as amended _________________________
                       _________________________
                                                          Speaker of the House.
                        _________________________
                                                    Chief Clerk of the House.
APPROVED _____________________________
                        _________________________
                                                                      Governor.