Kansas House Bill HB2688

Kansas 2025-2026 Regular Session

• Introduced: 2/4/26
• Refer: 2/4/26
• Report Pass: 2/17/26
• Engrossed: 2/25/26
• Refer: 2/26/26

Caption

Providing that a nondisclosure agreement shall not be judicially enforceable in a dispute involving childhood sexual abuse or human trafficking allegations or claims.

Summary

HB2688 would make nondisclosure agreements (NDAs) unenforceable in disputes involving childhood sexual abuse or human trafficking allegations or claims. The bill states that any NDA connected to an action related to those subjects would be void and not judicially enforceable, regardless of whether it was entered into before, on, or after July 1, 2026, subject to a narrow exception for pre-July 1, 2026 agreements if a final, unappealable declaratory judgment first finds the agreement enforceable. The bill also names this policy "Trey's law." It is framed as a targeted limitation on confidentiality provisions in cases involving especially serious abuse and exploitation claims, rather than a broader ban on NDAs in all civil disputes.

Impact

HB2688 would amend Kansas law by creating a specific statutory rule that courts may not enforce NDAs in disputes involving childhood sexual abuse or human trafficking allegations or claims. It would affect parties who have signed confidentiality agreements in those cases, including survivors, alleged perpetrators, and potentially employers, institutions, or other entities that may have used NDAs to limit disclosure. The bill would apply retroactively to agreements entered into before July 1, 2026, unless a final declaratory judgment establishes enforceability, thereby limiting the ability to rely on existing confidentiality agreements in these categories of cases.

Sentiment

The available voting history suggests strong bipartisan support for the bill. It passed the House on final action by a unanimous 122-0 vote, indicating broad agreement that NDAs should not be used to silence claims involving childhood sexual abuse or human trafficking. No committee transcript is available here, but the vote outcome indicates little visible opposition at the chamber level.

Contention

The main policy issue is the tension between protecting confidentiality agreements and ensuring that survivors of childhood sexual abuse or human trafficking can pursue or discuss claims without being bound by NDAs. Supporters appear to favor eliminating legal barriers that could suppress reporting or settlement transparency in these serious cases. Any potential concern would likely center on the retroactive application of the law to preexisting agreements and the limited exception allowing enforcement only after a final declaratory judgment, but the unanimous vote suggests those concerns did not generate significant opposition in the House.