Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3336.Same; information not subject toprivilege; agreement to conduct environmental audit; disclosure ofenvironmental audit report.(a) The privilege recognized inK.S.A. 60-3333 shall not extend to:
(1) Documents, communications, data, reports or otherinformation requiredto be collected, developed, maintained or reported to a regulatory agencypursuant to federal, state or local statute, ordinance, resolution, rule andregulation, permit, approval or order;
(2) information obtained by observation, sampling ormonitoring by anyregulatory agency or its authorized designee;
(3) informationobtained from a sourcenot involved in the preparation of the environmental auditreport;
(4) information that existed before the initiation and independent of theenvironmental audit;
(5) information prepared after the completion and independent of theenvironmental audit; or
(6) any information, not otherwise privileged, that is developed ormaintained in the course of regularly conducted business activity or regularpractice.
(b) This section does not limit the right of a person to agree to conduct anenvironmental audit and disclose an environmental audit report.
History: L. 1995, ch. 204, § 5;L. 2006, ch. 30, § 5; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3336.Same; information not subject toprivilege; agreement to conduct environmental audit; disclosure ofenvironmental audit report.(a) The privilege recognized inK.S.A. 60-3333 shall not extend to:
(1) Documents, communications, data, reports or otherinformation requiredto be collected, developed, maintained or reported to a regulatory agencypursuant to federal, state or local statute, ordinance, resolution, rule andregulation, permit, approval or order;
(2) information obtained by observation, sampling ormonitoring by anyregulatory agency or its authorized designee;
(3) informationobtained from a sourcenot involved in the preparation of the environmental auditreport;
(4) information that existed before the initiation and independent of theenvironmental audit;
(5) information prepared after the completion and independent of theenvironmental audit; or
(6) any information, not otherwise privileged, that is developed ormaintained in the course of regularly conducted business activity or regularpractice.
(b) This section does not limit the right of a person to agree to conduct anenvironmental audit and disclose an environmental audit report.
History: L. 1995, ch. 204, § 5;L. 2006, ch. 30, § 5; July 1.
Article 33.--ACTIONS RELATING TO COMMERCIAL ACTIVITY
60-3336.Same; information not subject toprivilege; agreement to conduct environmental audit; disclosure ofenvironmental audit report.(a) The privilege recognized inK.S.A. 60-3333 shall not extend to:
(1) Documents, communications, data, reports or otherinformation requiredto be collected, developed, maintained or reported to a regulatory agencypursuant to federal, state or local statute, ordinance, resolution, rule andregulation, permit, approval or order;
(2) information obtained by observation, sampling ormonitoring by anyregulatory agency or its authorized designee;
(3) informationobtained from a sourcenot involved in the preparation of the environmental auditreport;
(4) information that existed before the initiation and independent of theenvironmental audit;
(5) information prepared after the completion and independent of theenvironmental audit; or
(6) any information, not otherwise privileged, that is developed ormaintained in the course of regularly conducted business activity or regularpractice.
(b) This section does not limit the right of a person to agree to conduct anenvironmental audit and disclose an environmental audit report.
History: L. 1995, ch. 204, § 5;L. 2006, ch. 30, § 5; July 1.
