SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2390
As Amended by Senate Committee on
Transparency and Ethics

Brief*
HB 2390, as amended, would amend the Kansas Open
Records Act (KORA) to make certain temporary exceptions in
current law permanent. The bill would also amend a current
exception to KORA requirements to include provisions related
to cybersecurity.

Kansas Open Records Act Permanent Exceptions
HB 2390 would continue in existence the following
exceptions to KORA:
● KSA 9-513c(a), concerning money transmitter
license or examination reports obtained and
prepared by the State Bank Commissioner;
● KSA 9-2209(a)(19), concerning mortgage company
examination action plan agreements by the State
Bank Commissioner;
● KSA 12-5374(e), concerning information provided
to local collection point administrators or the 911
Coordinating Council;
● KSA 16-335(a), concerning cemetery merchandise
trust funds investigation by the Secretary of State;

____________________
*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 17-1312e(a), concerning records of cemetery
corporation examination by the Secretary of State;
● KSA 22-2302(c)(4)(J), concerning affidavits
supporting search warrants with information
constituting a “clearly unwarranted invasion of
personal privacy”;
● KSA 22-2302(c)(6)(B), concerning court records
containing sealed affidavits supporting search
warrants;
● KSA 22-2502(e)(4)(J), concerning affidavits
supporting electronic search warrants with
information constituting a “clearly unwarranted
invasion of personal privacy”;
● KSA 22-2502(e)(6)(B), concerning court records
containing sealed affidavits supporting electronic
search warrants;
● KSA 25-2309(r), concerning documents submitted
as evidence of citizenship for voter registration
purposes;
● KSA 40-2,118(d)(2), concerning insurer antifraud
plans submitted to the Commissioner of Insurance;
● KSA 40-4913(e), concerning documents provided
to the Commissioner of Insurance regarding an
insurer terminating an insurance agent;
● KSA 45-254(a), concerning law enforcement body
or vehicle camera footage;
● KSA 65-6111(d)(4), concerning patient records
contained in investigation files of the Emergency
Medical Services Board;


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 ● KSA 75-5664(f), concerning records and findings
from review of incidents of trauma injury or care by
the Advisory Committee on Trauma; and
● KSA 75-5665(b), concerning reports following
review of incidents of trauma injury or care by a
regional trauma council.
The bill would make technical amendments to ensure
consistency in statutory phrasing and references and to
remove outdated language regarding the establishment of the
Advisory Committee on Trauma.

Kansas Open Records Act Amendments
The bill would amend an exception in KORA related to
records of emergency or security information or procedures of
a public agency.
The bill would extend this exception to not require a
public agency to disclose records of or procedures related to
cybersecurity plans, assessments, and vulnerabilities if
disclosure would jeopardize public safety.
The bill would define “cybersecurity assessment,”
“cybersecurity plan,” and “cybersecurity vulnerability” and
make technical amendments to ensure consistency in
statutory phrasing.

Background
HB 2390 would include the contents of HB 2292 as
passed by the House. The backgrounds of both bills are
described below.


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HB 2390 (Kansas Open Records Act Permanent
Exceptions)
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.
The bill was introduced by the House Committee on
Judiciary at the request of Representative Patton.
House Committee on Judiciary
In the House Committee hearing, a representative of the
League of Kansas Municipalities provided proponent
testimony, stating support for the continuation of provisions
regarding affidavits or sworn testimony supporting probable
cause requirements for warrants or summons and audio or
video recordings made and retained by law enforcement
using a body or vehicle camera. A representative of the
Kansas Board of Emergency Medical Services (Board) also
provided proponent testimony, stating support for provisions
regarding patient records the Board receives through an
investigative subpoena and limited release of information
from a closed session by the Advisory Committee on Trauma
and its regional councils.
No other testimony was provided.
On February 23, 2021 the House Committee
recommended the bill be placed on the Consent Calendar.

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Senate Committee on Transparency and Ethics
In the Senate Committee hearing, a representative of
the League of Kansas Municipalities provided proponent
testimony, stating certain exceptions to KORA related to law
enforcement officers’ body cameras and search warrants
were necessary and should be kept in place.
A representative of the Board provided written-only
proponent testimony.
The Senate Committee amended the bill to insert
provisions of HB 2292, regarding KORA amendments.

HB 2292 (Kansas Open Records Act Amendments)
HB 2292 was introduced by the House Committee on
Judiciary at the request of Representative Patton on behalf of
the Secretary of State.
House Committee on Judiciary
In the House Committee hearing on February 17, 2021,
representatives of the Office of Secretary of State, WaterOne,
and the League of Kansas Municipalities testified as
proponents of the bill. A representative of the Kansas Press
Association provided written-only proponent testimony.
Proponents generally stated the bill would strengthen
protections for public entities in an era of increasing
cyberthreats.
No other testimony was provided.
On February 23, 2021, the House Committee
recommended the bill be placed on the Consent Calendar.


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Senate Committee on Transparency and Ethics
In the Senate Committee hearing, representatives of the
Office of the Secretary of State and the League of Kansas
Municipalities provided proponent testimony, stating certain
information related to cybersecurity and potential
cybersecurity vulnerabilities should not be made public.
No other testimony was provided.

Fiscal Information

HB 2390 (Kansas Open Records Act Permanent
Exceptions)
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, enactment of the bill
would have no fiscal effect.

HB 2292 (Kansas Open Records Act Amendments)
According to the fiscal note prepared by the Division of
the Budget on the HB 2292, as introduced, the Office of the
Attorney General states enactment of the bill would not have
a fiscal effect on the agency. The Kansas Association of
Counties states enactment of the bill would have a negligible
effect on county governments, and the League of Kansas
Municipalities states enactment of the bill would have no
fiscal effect on cities.
Kansas Open Records Act; exceptions; review; permanency; cybersecurity


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Statutes affected:
As introduced: 9-513c, 9-2209, 12-5374, 16-335, 17-1312e, 25-2309, 40-2, 40-4913, 40-4909, 45-229, 45-254, 75-5664, 75-5665
As Amended by Senate Committee: 9-513c, 9-2209, 12-5374, 16-335, 17-1312e, 25-2309, 40-2, 40-4913, 40-4909, 45-217, 45-221, 45-229, 45-254, 75-5664, 75-5665
Enrolled: 9-513c, 9-2209, 12-5374, 16-335, 17-1312e, 25-2309, 40-2, 40-4913, 40-4909, 45-217, 45-221, 45-229, 45-254, 58-4301, 58-4302, 75-5664, 75-3223, 75-5665