Bill may impact charges for open records

From the Kansas Association of Counties - SB 10 was heard last year (2013) in the Senate Federal and State Affairs Committee and many county and city officials came out to oppose the legislation, which created new requirements that we provide free services and copies under the Kansas Open Records Act.  It did not move last session.  Suddenly this year it is worked and amended –without any notice in the calendar that the bill would be worked this session – and passed out.  It passed the full senate last week.  The bill does the following:

• No charge is allowed for a records request that can be fulfilled with less than an hour of staff or if the request is fewer than 25 pages.
• Sets a per-page fee of $.25 for copies, with additional fees set out in the bill.
• Set forth the fee for attorneys reviewing the records request at $60 per hour; IT at $38 per hour; and clerical staff time at $18 per hour.
• Strikes from the law the ability of the public agency to charge the costs of accessing copying services outside the agency.
• Requires under the Open Meetings Act that the presiding officer must ensure that minutes are taken, and the Kansas Secretary of State determines the format of the minutes.

 We are asking that Representative Steve Brunk, who chairs the House Federal and State Affairs Committee, not take any action without first holding a hearing on this bill. We want the House members to hear local government’s concerns.  Please let Chairman Brunk know—and others on the committee—that this bill should not move when it creates new requirements on local government and there has been no hearing on the current contents of the bill.  Names and contact information for the full committee can be found at:

http://www.kslegislature.org/li/b2013_14/committees/ctte_h_fed_st_1/