SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 70
As Amended by Senate Committee of the Whole
Brief*
SB 70, as amended, would exempt disclosure of certain
closed investigations, change the date for counties or district
attorneys to report complaints regarding the Kansas Open
Records Act (KORA) and the Kansas Open Meetings Act
(KOMA), amend law concerning fees that may be charged for
public records, and make changes to certain procedural rules
regarding public meetings.
Fees for Public Records
The bill would provide that, if a fee is charged for the
cost of staff time, then no fee for printed copies could be
charged. The bill would specify that the $0.25 per page fee
for copies in continuing law would apply only when such
copies are printed and would prohibit public agencies from
charging a per page or copy fee for electronic copies of
records.
Certain Records Not Subject to Disclosure
The bill would exempt the disclosure of formally closed
investigations of violations of civil law or administrative rules
and regulations when no violations were found.
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*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
https://klrd.gov/ Reports of KORA and KOMA Complaints
The bill would change the date from January 15 to
October 15 of each year by which the county or district
attorney of each county must report to the Attorney General
all KORA and KOMA complaints received during the previous
fiscal year.
Rules Applicable to Public Meetings
Subordinate Groups Subject to KOMA
The bill would provide that whenever a majority of a
subcommittee or other subordinate group created by a public
body or agency meets, such subcommittee or group meeting
would be considered an open meeting subject to KOMA.
A private entity would be considered a subordinate
group of a legislative or administrative body of the State or a
political and taxing subdivision only if they are under the
direct or indirect control of such body.
Live Streaming
The bill would provide that a public body or agency that
voluntarily elects to live stream a meeting must ensure that all
aspects of the meeting are available through the selected
medium for the public to observe.
Closed or Executive Sessions
The bill would allow for public bodies or agencies that
enter a closed or executive meeting to not be in violation if
such closed or executive meeting concludes five minutes
earlier or later than provided for in the motion.
2- 70 Background
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Shane.
Senate Committee on Judiciary
In the Senate Committee hearing, representatives of the
Kansas Association of Counties and League of Kansas
Municipalities and five private citizens provided proponent
testimony. The proponents generally stated the bill would
improve transparency in local government and bring fees
charged for electronic copies in line with fees charged for
physical copies.
Written-only proponent testimony was provided by a
private citizen.
Neutral testimony was provided by representatives of
the Office of the Attorney General and the Kansas
Association of School Boards. The n eutral conferees
generally stated the bill would require some clarification and
suggested changes to that effect.
Written-only neutral testimony was provided by
representatives of the cities of Topeka and Overland Park.
Opponent testimony was provided by a representative
of the Kansas Policy Institute. The opponent stated the bill
would allow taxpayers to be charged for receiving electronic
copies of documents and this should not be allowed.
No other testimony was provided.
The Senate Committee amended the bill to:
●Remove a provision concerning what fee may be
charged for electronic copies;
3- 70 ●Add a provision clarifying when fees may be
charged for staff time, electronic copies, and
printed copies;
●Change the date by which the county or district
attorney of each county shall report KORA and
KOMA complaints received during the previous
fiscal year;
●Clarify a provision providing rules for determining a
majority in subordinate groups.
Senate Committee of the Whole
The Senate Committee of the Whole adopted a
technical amendment to update the name of an agency
referenced in the bill.
Fiscal Information
According to the fiscal note provided by the Division of
the Budget on the bill, as introduced, the Department of
Revenue, Department of Wildlife and Parks, Department of
Insurance, Board of Nursing, Department for Children and
Families, Office of the Secretary of State, and Department of
Corrections indicate enactment of the bill would have a
minimal fiscal effect on the agencies.
The Office of the Attorney General, Department of
Administration, Department of Health and Environment,
Kansas Department for Aging and Disability Services, State
Board of Healing Arts, Department of Labor, Kansas Bureau
of Investigation, Kansas Highway Patrol, State Department of
Education, and Legislative Administrative Services indicate
enactment of the bill would have no fiscal effect on the
agencies.
4- 70 The Kansas Association of Counties and the League of
Kansas Municipalities indicate enactment of the bill could
have some fiscal effect on the counties and cities but such
effect cannot be estimated.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2026 Governor’s Budget Report.
Judiciary; Kansas Open Records Act; Kansas Open Meetings Act; disclosure; public
records; fees
5- 70