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Senator Terry Bruce, R-Hutchinson, said information to create the Senate Substitute for House Bill 2585 was taken from last year's Senate Bill 211, with "substantial amendments." Shield laws exist in almost every state and allow reporters to protect their confidential sources entirely, and protect any notes or unpublished materials unless disclosure is deemed legally necessary. Kansas has had a "common law" reporters' privilege created by the courts, but not a shield statute.

The definition of a journalist currently written into the bill could include college and even high school journalists, Bruce said. The written definition includes "a publisher, editor, reporter or other person employed by a newspaper, magazine, news wire service, television station or radio station who gathers, receives or processes information for communication to the public," or "an online journal in the regular business of newsgathering and disseminating news or information to the public."

The language also defines "acting as a journalist" as being "engaged in activities that are part of such journalist's gathering, receiving or processing information for communication to the public."

In crafting this bill, Bruce said, legislators borrowed from the language used in similar bills from other states.

"We borrowed heavily from different states, most specifically Colorado and Washington," Bruce said

Frank LoMonte, executive director of the Student Press Law Center, said the language of the Kansas bill allows for an interpretation that protects students.

"The kind of shield laws that are most protective of students are the ones that are contingent on your function, not who signs your paycheck," LoMonte said. "The Kansas one looks protective of student journalists because coverage depends on functioning regularly as a journalist, not on who you work for or how you're paid."

Richard Gannon, governmental affairs director for the Kansas Press Association, said he also believes the language covers student journalists, but it was not an issue that had been previously brought to his attention. He was also awaiting the appointment of a conference committee, and said the issue may not be addressed in committee until early next week.

Bruce said there is more than one direction the bill could take, but it will most likely go to a conference committee, which is "a committee made up of three House members, three Senate members and they discuss the differences and our version of the bill versus their version of the bill and try to come to some sort of agreement."

The committee would then draft a report based on the language they agree on, which would then be brought to a vote.

"The conference committee will make a report and the conference committee report cannot be amended. You can't put amendments on it when it's on the regular floor; it's just a pure up and down vote. So they can either do that or if they agree on some sort of language ... the House can just adopt our changes and do a motion to concur. So procedurally there [are] a couple different avenues."

Bruce said that while there may be some "wordsmithing," much of the language that outlines procedures for determining journalists' protections would likely stay the same as it is written now.

This all comes one week after a reporter at the Dodge City Daily Globe was fired from her job and lost a legal battle at the Kansas Supreme Court trying to fight being compelled to reveal a confidential source and testify in a legal proceeding.