Bill Summary – FastDemocracy

SESSION OF 2020
 SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
            HOUSE BILL NO. 2137
            As Recommended by Senate Committee on
                         Judiciary

Brief*
      Senate Sub. for HB 2137 would amend the Scrap Metal
Theft Reduction Act to remove the requirement that scrap
metal dealers photograph the vehicle in which a junk vehicle
or other regulated scrap metal property is delivered.
    The bill also would continue in existence the following
exceptions to the Kansas Open Records Act (KORA):
     ●     KSA 38-2310(c), concerning law enforcement
           records identifying victims of certain crimes;
     ●     KSA 45-221(a)(52), concerning public records
           identifying the home address of certain officials;
     ●     KSA 59-29a22(b)(10), concerning treatment
           records in the possession of a treatment facility;
     ●     KSA 9-1810(b), concerning the Kansas Bank
           Commissioner’s informal agreements with banks or
           trust companies;
     ●     KSA 40-409(j)(2), concerning records related to
           certain insurance policy valuations;
     ●     KSA 40-6007(a), concerning documents related to
           insurer’s own risk and solvency assessments;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
     ●    KSA 50-6a11(f), concerning tobacco sales data
          related to the Master Settlement Agreement;
     ●    KSA 65-6741, concerning court records related to
          unlawful abortions;
     ●    KSA 40-223j(c), concerning insurance actuarial
          reports used for counseling and discipline; and
     ●    KSA 46-1129, concerning survey responses to
          audits conducted under the Legislative Post Audit
          Act.
Background
     As introduced and passed by the House in 2019, HB
2137 would have continued KORA exceptions scheduled to
expire in 2019. These contents were enacted in 2019 HB
2290.
    On May 20, 2020, the Senate Committee on Judiciary
(Senate Committee) recommended a substitute bill for HB
2137, replacing its original contents with the contents of SB
344 (scrap metal vehicle photographs) and SB 427 (2020
KORA exception review).

SB 344 (Scrap Metal Vehicle Photographs)
     SB 344 was introduced by the Senate Committee at the
request of Senator Wilborn on behalf of Advantage Metals
Recycling (AMR). In the Senate Committee hearing, a
representative of AMR testified in support of the bill, stating
the requirement to photograph delivery vehicles for every
transaction seems overly burdensome and of little or no value
in most cases.
     Written-only neutral testimony was submitted by the
Director of the Kansas Bureau of Investigation (KBI) and a
representative of the Kansas Association of Chiefs of Police,
                            2- 2137
Kansas Peace Officers Association, and Kansas Sheriffs’
Association.
     The Senate Committee recommended the bill be placed
on the Consent Calendar. [Note: The bill was stricken from
the Senate Calendar on March 4, 2020.]
     According to the fiscal note prepared by the Division of
the Budget on SB 344, the KBI indicates enactment of the bill
would have no fiscal effect on revenues or expenditures.

SB 427 (2020 KORA Exception Review)
      A sunset provision for all exceptions to KORA was
added in 2000, requiring a review of existing exceptions
within five years and of any new exception or substantial
amendment to an exception by July 1 of the fifth year after
enactment. Absent such review, the exceptions would expire.
The law also required any exceptions continued after
legislative review to be reviewed again five years later;
however, 2013 HB 2012 modified the requirement so that
exceptions would no longer be subject to review and
expiration if the Legislature reviews and continues the
exception during the 2013 Session or thereafter.
     SB 427 was introduced by the Senate Committee at the
request of Senator Wilborn.
      In the Senate Committee hearing, a representative of
the League of Kansas Municipalities provided proponent
testimony, stating its support for the continuation of
exceptions in three statutes under review. Written-only
proponent testimony was submitted by the Office of the
Attorney General, stating its support for the continuation of
the exception related to tobacco sales data. No neutral or
opponent testimony was provided.
    The bill passed the Senate on February 26, 2020, and
was heard by the House Committee on Judiciary on March
                           3- 2137
12, 2020. Written-only proponent testimony was submitted by
the Office of the Attorney General regarding the tobacco
sales data exception; by the League of Kansas Municipalities
regarding exceptions for juvenile offense records, addresses
of judges, prosecutors, and city attorneys, and legislative post
audit survey responses; and by the Kansas Association of
Counties. On May 14, 2020, the House Committee
recommended the bill favorably.
      According to the fiscal note prepared by the Division of
the Budget on SB 427, enactment of the bill would have no
fiscal effect.


                            4- 2137
Statutes affected: 
As introduced: 9-513c, 40-3407, 45-229
Version 2: 9-1810, 45-229, 40-223j, 50-6, 50-6a11
Enrolled - Law effective July 1, 2020: 9-1810, 45-229, 50-6a11, 40-223j, 50-6