On a voice vote, the Kansas Senate Judiciary Committee approved a bill, known as a Shield Law, that would protect journalists from being adjudged in contempt by any body that has the power to issue subpoenas.
The bill — SB 211 — now heads to the floor of the Senate for consideration. If the Senate passes the measure, it would go to a conference committee since the House already passed HB 2585 earlier in the session.
The voice vote Thursday is considered a “victory” by Doug Anstaett, executive director of the Kansas Press Association.
“This is a huge accomplishment for the journalists of Kansas. Although
we’ve got much more work to do, this vote today signifies that the
members of the Senate Judiciary Committee saw the need for reform and
stepped up to the plate and delivered,” Anstaett said.
In its language, the bill states that a journalist “may not be compelled to disclose any information of the source of any such information procured while acting as a journalist.”
The bill, which was originally authored by Senate Majority Leader Derek Schmidt, R-Independence, was amended twice — by Schmidt and State Sen. John Vratil, R-Leawood.
The first amendment requires those seeking disclosure to meet a three-part test that includes:
• material is relevant to the controversy for which the disclosure is sought;
• could not be obtained, through due diligence, by alternate means; and
• is of a compelling interest.
The second amendment made attorney fees available to either party if the other acts in “bad faith.” Previously, only the party seeking disclosure could have fees assessed against it.
“Journalists must remain independent so they can get sources to come
forward and reveal the kind of information the public needs to judge
how its government is working,” Anstaett said. “This bill, if approved by the
Legislature, will bring better balance to the conflicts that sometimes
arise when the press and the courts are trying to do their jobs.”
According to a fiscal note from the Kansas Division of the Budget, director Duane Goossen said that the passage of the bill has “the potential for increasing litigation in the courts.”
Goossen said in his memo that if litigation does increase, there would be a fiscal effect on the operations of the court system, but “it is not possible to predict the number of additional court cases that would arise.” He said that the bill is not likely to have a negative effect on the budget of the Attorney General’s office.
Now, the bill moves to the full floor of the Senate. There is no expected date as to when the bill will reach General Orders of the Senate.
“Our democracy works best when reporters are allowed to do their jobs
without interference from government or the courts,” Anstaett said. “This law, if approved, will make those unwarranted incursions into the journalistic
process much more difficult.”
Matthew Clark can be reached at matthew.clark@morningsun.net or at 620-231-2600, Ext. 140
