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Minutes for HB2049 - Committee on Judiciary
Short Title
Prohibiting a public agency from charging a fee under the open records act for records requested for an audit by the legislative division of post audit.
Minutes Content for Thu, Jan 21, 2021
Chairperson Patton opened the hearing on HB2049. Natalie Scott provided an explanation for HB2049. (Attachment 1) There were no questions from the membership.
Justin Stowe testified in person This proponent testimony was written by Chris Clark for HB2049. (Attachment 2) Mr Stowe explained the charging process. At the direction of the Legislative Post Audit Committee, Post Audit staff evaluate government programs in other agencies. Occasionally, agencies question whether they can charge Legislative Post Audit for requested records, per the Open Records Act. His office contacted 19 audit offices in other states about this issue. They all responded that they do not pay for audit data. Several mentioned that audits are not open record requests, and that paying for data may compromise independence of the auditors.
Amanda Stanley provided neutral testimony for HB2049. (Attachment 3) Ms. Stanley stated that HB2049 would allow Legislative Post Audit (LPA) to obtain records from any public agency without paying for the cost of obtaining the records. While She and her organization understand the public policy behind this bill, they would ask that if this committee advances this legislation, it remain a very limited exception to the Kansas Open Records Act (KORA). Additionally, they would ask that there be an expectation of the Legislature that LPA be reasonable in their requests and cognizant of not disrupting vital services.
Neutral Written
Jay Hall, Kansas Association of Counties (Attachment 4)
Michael Koss, Attorney, City of Overland Park (Attachment 5)
Opponent
Doug Anstaett provided opponent testimony for HB2049. (Attachment 6) Mr. Anstaett explained he opposed this bill because it gives special treatment to a state agency while denying the same benefits to those of us who have fought for decades for fairness in the way the costs associated with Kansas Open Records Act requests are handled by state and local agencies of government.
Opponent Written
Allison Mazzei, President, Kansas Association of Broadcasters (Attachment 7)
The committee membership asked questions of the conferees.
Chairperson Patton closed the hearing.
