The bill amends the Kansas Open Records Act by introducing stricter criteria for creating or maintaining exceptions to public record disclosures. It specifies that exceptions can only be established if the public record is sensitive, necessary for effective government administration, or involves confidential information. Additionally, any new exceptions or significant amendments to existing exceptions will automatically expire five years after enactment unless the legislature takes action to extend them. The bill also requires the legislature to review these exceptions prior to their expiration, taking into account the specific records affected and the public purpose served by the exception.
Moreover, the bill addresses the confidentiality of information shared during a state of disaster emergency, particularly concerning COVID-19, stating that such information will not be classified as a public record under the Kansas Open Records Act. It repeals existing sections related to these provisions, including K.S.A. 2024 Supp. 45-229d, and establishes that the confidentiality provision regarding licensee impairment will also expire unless reenacted by the legislature. The bill further mandates that all administrative proceedings under the act comply with the Kansas administrative procedure act and be subject to review under the Kansas judicial review act, with the act becoming effective upon its publication in the statute book.
Statutes affected: As introduced: 45-229d, 45-229, 48-962, 65-7616
Enrolled: 45-229d, 45-229, 48-962, 65-7616