Prohibiting fees for electronic copies of records under the open records act, exempting from disclosure formally closed investigations with no found violations, requiring county or district attorneys to file reports of violations with the attorney general in October instead of January, determining the membership calculation of subordinate groups under the open meetings act, requiring public bodies or agencies that live stream meetings to ensure that the public is able to observe and providing for a five minute deviation to resume an open meeting at the conclusion of executive sessions.
Summary
SB 70 revises Kansas open government laws in both the Open Records Act and the Open Meetings Act. On the records side, the bill sets a specific “reasonable fee” standard for electronic copies of public records, deeming charges of $0.125 per page reasonable, and clarifies that agencies are not required to let requesters plug their own electronic devices into government computers to make copies. It also adds a new exemption for records from investigations that have been formally closed with no violation found, and changes the deadline for county or district attorneys to report open records/open meetings complaints to the attorney general from January 1 to December 15.
On the meetings side, SB 70 clarifies how to count membership for subordinate groups when determining whether a majority participated in a meeting, and it states that a private entity is only treated as a subordinate group if it is under the control of a public body. It also requires any public body that voluntarily livestreams a meeting to ensure the public can observe all aspects of the open meeting through that medium. The bill further allows a five-minute deviation from the stated time for resuming an open or executive session without creating a violation, so long as the required motion and subject matter limits are followed.
Impact
The bill amends K.S.A. 45-219, 45-221, 75-753, 75-4318, and 75-4319, and repeals the existing versions of those provisions. Its practical effect is to tighten and clarify public access rules while also adding some new limits on disclosure and some operational flexibility for public bodies. It affects state and local agencies that respond to records requests, county and district attorneys who report complaints to the attorney general, and governing bodies subject to the Kansas Open Meetings Act, including subordinate committees and livestreaming public meetings.
Sentiment
The available voting history suggests the bill was generally supported, passing the Senate on final action with 26 yeas and 13 nays (with the vote summary also reflecting 26-14). The bill’s structure indicates a mix of transparency-enhancing provisions and administrative clarifications, which likely made it broadly acceptable to supporters of open government while still drawing some opposition. No committee transcript was provided, so the record does not show detailed debate, but the final passage indicates the measure had enough support to advance after amendment.
Contention
The main points of contention appear to be the balance between transparency and administrative control. Critics could object to the new exemption for formally closed investigations with no found violations, since it limits disclosure of investigative records even when no violation is substantiated. Others may have concerns about the electronic-copy fee provision and the prohibition on using a requester’s own device to copy records, which could be viewed as restricting access or increasing costs. On the other hand, supporters likely favored the bill’s clearer fee standard, the livestream access requirement, and the clarification of subordinate-group membership rules, which are intended to reduce ambiguity in open meetings compliance.