WeVote
Log In

Bill

Bill

HB 2166

Continuing in existence certain exceptions to the disclosure of public records under the open records act.

2025-2026 Regular Session

HB 2166 makes two KORA exceptions permanent: local COVID-19 health records and healing arts impairment investigations, removing sunset/review requirements.

Approved by Governor on Wednesday, March 26, 2025
0
WeVote Research Nonpartisan
Bill Summary · HB 2166

Summary — HB 2166 (2025): Continuing certain exceptions to the Kansas Open Records Act (KORA)

Status: Enacted — Approved by the Governor on March 26, 2025
Introduced: January 28, 2025
Primary sponsor/requestor: House Committee on Judiciary at the request of Rep. Susan Humphries on behalf of the Office of Revisor of Statutes

Purpose

HB 2166 continues in force specified statutory exceptions to disclosure under the Kansas Open Records Act (KORA). The bill preserves confidentiality for two narrowly defined categories of public records and makes technical reorganization of related KORA exception provisions reviewed by recent legislatures. It also removes the requirement that those continued exceptions be subject to future sunset review.

Key provisions

  • Continues as KORA exceptions (i.e., not subject to public disclosure) the records described in:
    • KSA 48-962 — Local health officer records created during the COVID‑19 public health emergency that contain personal information about persons who tested positive for COVID‑19 or who were under quarantine or isolation for COVID‑19.
    • KSA 65-7616 — Records created by the State Board of Healing Arts while investigating whether a licensed acupuncturist is fit to practice when there is a reasonable suspicion of impairment (due to physical or mental illness, or use of alcohol, drugs, or controlled substances).
  • Makes technical amendments to “reaggregate” the set of KORA exceptions that were reviewed by the 2024 Legislature with those previously extended and with the two exceptions above. (This addresses varying effective dates and statutes amended in 2024.)
  • Removes the statutory sunset/review requirement for the exceptions covered by the bill — i.e., those exceptions will remain exceptions to KORA without the scheduled five‑year legislative review that would otherwise apply.

Who is affected

  • Individuals whose COVID‑19 testing, quarantine, or isolation status is recorded in local health officer records (privacy protection preserved).
  • Licensed acupuncturists subject to impairment investigations by the State Board of Healing Arts (certain investigative records remain confidential).
  • State and local agencies that maintain the continued records (administration of confidentiality rules).
  • Members of the public and media seeking access to these specific records (access remains restricted under KORA).

Background and procedure

  • Kansas law (since 2000) subjects statutory KORA exceptions to periodic legislative review and expiration unless the Legislature acts to continue an exception. A 2013 change removed review/expiration for exceptions that are reviewed and continued during the 2013 session or thereafter.
  • HB 2166 was introduced by the House Judiciary Committee at the Revisor’s request. A Senior Assistant Revisor provided an overview in committee; no other testimony was recorded.
  • The Division of the Budget’s fiscal note estimates the bill would have no fiscal effect.
  • The bill was enacted and approved by the Governor on March 26, 2025.

Impact

The bill preserves current confidentiality protections for two categories of sensitive records and prevents those specific exceptions from expiring or being subject to routine five‑year legislative review. The effect is to make those exceptions permanent (absent future legislative change), maintaining privacy protections for the affected individuals and investigative confidentiality for the healing arts board.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.