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Minutes for SB17 - Committee on Transparency and Ethics

Short Title

Prohibiting a public agency from charging a fee under the open records act for records requested for an audit by the legislative division of post audit.

Minutes Content for Wed, Jan 27, 2021

Chairperson Bowers opened the hearing on SB17.  Jason Long, staff revisor, presented a briefing on the bill. 

Justin Stowe testified in support of SB17.  Mr. Stowe stated the bill is very narrowly constructed to try to resolve a very specific issue for their office.  Mr. Stowe explained they have statutory authority under the Legislative Post Audit Act to make requests of agencies for not only public information which is covered by the Kansas Open Records Act (KORA), but also confidential information.  Mr. Stowe indicated the bill essentially tries to make sure that the Kansas Open Records Act is consistent with the Legislative Post Audit Act. (Attachment 1)

After Mr. Stowe addressed questions from the Committee, the hearing continued.

Written testimony in opposition of SB17 was submitted by:

Doug Anstaett, representing Kansas Press Association (Attachment 2)

Allison Mazzei, President, Kansas Association of Broadcasters (Attachment 3)

Deborah Barnes provided neutral testimony for SB17.  Ms. Barnes stated this bill would prohibit any public agency from charging a fee to the Legislative Division of Post Audit for access to or copies of records for the purpose of conducting an official audit.  Ms. Barnes suggested spelling out that the access is cost free in the Legislative Post Audit Act rather than in the KORA statute, but if the Committee decides the cost free access to records should be in KORA, they would request that the exception be a narrow one. (Attachment 4)

Written neutral testimony for SB17 was submitted by:

Jay Hall, Legislative Policy Director and General Counsel, Kansas Association of Counties (Attachment 5)

Michael Koss, Attorney, City of Overland Park (Attachment 6)

Chairperson Bowers closed the hearing on SB17.

The meeting was adjourned at 10:23 a.m.

The next meeting is scheduled for February 3, 2021.