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Minutes for HB2096 - Committee on Judiciary

Short Title

Authorizing department of corrections employees, local correctional or detention officers, judicial branch employees, municipal court employees and administrative hearing officers to have identifying information restricted from public access on public websites that identify home addresses or home ownership.

Minutes Content for Wed, Jan 27, 2021

Chairperson Patton opened the hearing on HB2096.  Natalie Scott provided an overview of the bill. (Attachment 11) Ms. Scott stood for questions.

Proponent

Joseph Molina testified in support of HB2096(Attachment 12) Mr. Molina stated the issue before us is one of safety. Allowing the general public to access the home address of Administrative Law Judges, tax hearing officers or worker compensation members could pose serious safety consequences. Administrative Law Judges at the Kansas Office of Administrative Hearings have received several credible threats of violence. Three instances, all referred to the Capital Police for investigation, have occurred within the past year. The first was a disbarred out of state lawyer who was denied a real estate license. This individual made threats against the hearing officer on Facebook. The second instance an ALJ was threatened during the hearing itself and sent a Facebook friends request of the ALJ. The third request was threatening behavior from a self-described anti-government petitioner. For these reasons, the Kansas Bar Association supports HB2096 and urges this committee to expand the groups of individuals protected by KSA 45-221(a)(52).

Randy Bowman on behalf of the Kansas Dept of Corrections testified in support of HB2096(Attachment 13) Mr. Bowman explained these professionals dedicate themselves to a career of service in the criminal justice system. In doing so they are exposed to the same persons, and risks that these persons or their associates may use public records in ways that are not intended, as law enforcement officers, parole and probation officers covered under current law. Including these professionals will help ensure the safety of their families and property by providing them a process to not have their home address and property ownership posted to public websites.

Amanda Stanley testified in support of HB2096(Attachment 14) Ms. Stanley stated we greatly appreciate this legislation that seeks to add additional cyber protections for our municipal court judges, city attorneys, and other municipal court employees. While we sincerely hope these protections are never needed, we appreciate the State taking a proactive approach to increase the safety of vital municipal staff by creating a process for the removal of their residential addresses from easily searchable public websites.

Written Proponent

Heather Cessna, Executive Director, Kansas State Board of Indigent Defense Services (Attachment 15)

Krisena Silva, District Court Clerk Specialist (Attachment 16)

Chairperson Patton had planned on a discussion: Special Interim Committee for Kansas Emergency Management Act (KEMA). Given the time remaining he said he would have a document emailed to all committee members. He also told the members to be prepared to complete final action on the following bills at tomorrows meeting. House Bill 2049, 2050, 2071, 2079, 2080, 2082.

Natalie Scott explained that she committed an error during her Bill Brief of HB2082 at the January 25th hearing. She was actually briefing on the wrong bill. As a result she provided a brief of HB2082.

Chairperson Patton adjourned the meeting at 4:47 pm.