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Minutes for SB454 - Committee on Ethics, Elections and Local Government
Short Title
Creating exemptions in the open records act for election security records and cyber security records.
Minutes Content for Wed, Mar 11, 2020
Chairperson Bowers opened the hearing on SB454. Zach Fridell, staff revisor, presented a briefing on the bill.
Clay Barker testified in support of SB454. Mr. Barker explained the Secretary of State's staff met with the Kansas Broadcasters Association, Kansas Press Association, the Sunshine Coalition and reached out to the American Civil Liberties Union and they agreed to amend this bill. Mr. Barker stated the goal was to be very specific and vary narrow, and the original language was too broad in hindsight. Mr. Barker indicated they thought it would be helpful to update the open records act and make a very narrow exception to cyber-security procedures and protections. (Attachment 1)
Mr. Fridell distributed the balloon amendment, and questions from the Committee were addressed. (Attachment 2)
Deborah Barnes testified in support of SB454. Ms. Barnes' testimony stated while the general rule in Kansas is that all public records should be open to inspection by the public, there are well established public policy reasons why certain records, because of important privacy or security reasons, should not be open. Ms. Barnes stated making available information about exactly what defensive measures are used to protect the municipalities drives yet more attacks. Ms. Barnes indicated in order to mitigate cyber attacks/security attacks it would be very helpful to have this protection. (Attachment 3)
Davis Hammet testified in opposition to SB454 stating he would give his testimony in response to the initial bill. Mr. Hammet stated SB454 was introduced by the Secretary of State's legal counsel and creates an overly broad records request exemption. Mr. Hammet indicated SB454 would prevent the public from the right to learn that a disenfranchising cyber attack ever occurred. Mr. Hammet addressed the balloon amendment indicating a concern about having in one of the subsections "but not limited to," because that goes against the idea of explicitly carving out what things are exempt. (Attachment 4)
After questions from the Committee were addressed, the hearing continued.
Nadine Johnson provided neutral testimony for SB454. Ms. Johnson stated they wanted to thank the Secretary of State's office for reaching out and being able to work with them on this and to narrow it appropriately. Ms. Johnson stated their concern with the original language was that it could be used to exempt information about measures taken that inadvertently depress voter participation. Ms. Johnson indicated with the amendment and the striking of "but not limited to" language, they're all in agreement that cyber-security measures do need to be addressed and taken care of, and that they want to limit access of bad actors to information. Ms. Johnson responded to questions from the Committee. (Attachment 5)
Written testimony in support of SB454 was submitted by:
Jay Hall, Legislative Policy Director and General Counsel, Kansas Association of Counties (Attachment 6)
The meeting was adjourned at 10:01 a.m.
The next meeting is scheduled for March 12, 2020.
