SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2395
As Recommended by House Committee on
Judiciary
Brief*
HB 2395 would continue in existence the following
exceptions to the Kansas Open Records Act (KORA):
●KSA 2-3902, concerning criminal history
information under the Industrial Hemp Act;
●KSA 9-512, concerning informal orders under the
Kansas Money Transmitter Act;
●KSA 40-4308, concerning examinations of captive
insurance companies;
●KSA 40-4350, concerning records relating to
captive insurance companies;
●KSA 65-177, concerning records of maternal death
investigations;
●KSA 66-2020, concerning petitioner addresses and
phone numbers under certain protective orders;
●KSA 74-5611a, concerning the registry of all
Kansas police officers or law enforcement officers;
●KSA 75-7240, concerning internal information
technology (IT) security assessments;
●KSA 75-7241, concerning IT security; and
____________________
*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 65-28b08, concerning certified nurse-midwife
impairment records.
[Note: The exception contained in KSA 65-28b08
concerning certified nurse-midwife records was not reenacted
in 2022. KSA 45-229(e) provides that for any exception that is
set to expire but is not reenacted, the exception does not
expire on the date specified in statute and directs the Revisor
of Statutes to include that exception in the following year’s
certification.]
The bill would also make technical amendments to
ensure consistency in statutory phrasing.
Background
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 of
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 on February 14, 2023,
an Assistant Revisor of Statutes provided an overview of the
bill. No other testimony was provided.
2- 2395 Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, enactment of the bill would not have a
fiscal effect.
Kansas Open Records Act; exceptions; review
3- 2395