Hacker Chronicles 2/HACKER2.BIN/806.KS2.TXT

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            CHAPTER 45.  PUBLIC RECORDS, DOCUMENTS AND INFORMATION

                       ARTICLE 2.  RECORDS OPEN TO PUBLIC

                             K.S.A. @ 45-215 (1992)

45-215. Title of act.

   K.S.A. 45-215 through 45-223 shall be known and may be cited as
the open records act.

HISTORY:  L. 1984, ch. 187, @ 1; Feb. 9.

 NOTES:     ATTORNEY GENERAL'S OPINIONS:

                              Records subject to disclosure.
86-101.

   Open records; abstracts or copies thereof; reasonableness of
fees. 87-4.

   Law enforcement records; jail book, standard offense report, mug
shots. 87-25.

   Breath test machine results log is criminal investigation
record; not required to be disclosed to public. 87-63.

   Unlawful use of names derived from public records. 87-73.

   Crime of "unlawful disclosure of a warrant" prohibits
disclosure, before execution of warrant, of complaint which leads
to arrest warrant issuance. 87-100.

   Hospital board member has right of access to personnel file of
staff physician or other county hospital employee. 87-109.

   Prohibited and illegal uses of names and addresses derived from
public records. 87-137.

    Criminal history record information;
disclosure of pending charges and scheduled court date. 87-145.

   Records open to public; correspondence received by members of
public bodies.  87-149.

   County and county officers; open public meetings; attendance at
executive sessions. 87-170.

   Racing commission; licensure; open records act; confidential
information. 88-3.

   Municipal hospitals; open records act; employee names and
salaries. 88-61.

   Open records act; certain laboratory records not required to be
open. 88-88.

   Suspension of driving privileges for DUI; certain violations not
public records; liability insurance. 88-100.

   Identity of persons transported by emergency medical vehicles;
physician-patient privilege. 88-101.

    Letter of notice to attorneys who
fail to timely pay registration fee. 88-117.

   Disclosure of voter registration lists; lists on computers.
88-152.

   Department of commerce; low-income housing tax credit program.
89-46.

   Unlawful use of names derived from public records. 89-47.

   Disclosure of names and addresses of school district employees.
89-106.

   Personnel records, sheriff's office. 89-107.

   Certificates of value; disclosure to public. 89-118.

   Parole board; certain records not required to be open. 89-127.

   Memoranda from school superintendent to school board. 90-14.

   Board of education clerk; appointment and duties; custody of
records; public  records. 90-89.

    Discretionary disclosure of certain
personnel records; state agencies, criminal identification and
detection. 90-136.

   Certain records not open to public; personnel records; invasion
of privacy. 91-50.

   Recordation of death certificates with county register of deeds;
open public  records. 91-87.

   Open public records; records compiled on radon testing; records
pertaining to identifiable individuals. 91-106.

   Open public records; ability of state agent to contractually
close record not otherwise closed by law; legislative post audit;
access to records, limitations. 91-116.

   Open public records; internal civil investigation of state
employee; veterans affairs commission; appointment, powers and
duties of executive director; employees. 91-127.
   Open public records; records obtained by legislative post audit;
duty of confidentiality imposed by law; audit work papers. 91-138.

    Legislative post audit committee to
contract with firm or firms to perform financial compliance audits;
public records; audit working papers of such contracted private
firms. 91-157.

   Legislative post audit; open public records; duty of
confidentiality; mortgage credit certificate program records.
91-158.

   Expungement; release of records to victim; certain records not
required to be open. 92-27.

  CASE ANNOTATIONS:

   1. Provisions of this act not retroactive; due to repeal of
45-201 et seq. and enactment hereof, personnel files specifically
excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96,
102, 105 697 P.2d 1279 (1985).

   2. Legislative intent considered in reviewing purpose of act;
disclosure of criminal investigation records. Harris Enterprises,
Inc. v. Moore, 241 K. 59, 60, 62, 63, 734 P.2d 1083 (1987).

   3. Cited; nonresidents' purchase of
Kansas Turnpike Authority bonds as more than "passive investment
activity" by seeking KTA records hereunder examined. Kansas
Turnpike Authority v. Wheeler, 243 K. 602, 617, 760 P.2d 1213
(1988).

   4. Disclosure of K.B.I. reports to racing license applicants
permitted hereunder and 74-8804, subject to provisions of 45-221.
Kansas Racing Management, Inc., v. Kansas Racing Comm'n, 244 K.
343, 353, 770 P.2d 423 (1989).

   5. Interpretation of act by public employee relations board not
entitled to judicial deference; agencies not allowed unregulated
discretion to refuse information. State Dept. of SRS v. Public
Employee Relations Board, 249 K. 163,  815 P.2d 66 (1991).

K.S.A. @ 45-216 (1992)

45-216. Public policy that records be open.

   (a) It is declared to be the public policy of this state that
public records  shall be open for inspection by any person unless
otherwise provided by this act, and this act shall be liberally
construed and applied to promote such policy.

   (b) Nothing in this act shall be construed to require the
retention of a public record nor to authorize the discard of a
public record.
              HISTORY:  L. 1984, ch. 187, @ 2; Feb.9.

 NOTES:   RESEARCH AND PRACTICE AIDS:

   Records 50 et seq.

   C.J.S. Records @ 35.   LAW REVIEW AND BAR JOURNAL REFERENCES:

   "Agency Access and Disclosure: Kansas and Federal," David L.
Ryan, 56 J.K.B.A. No. 6, 8, 11 (1987).   ATTORNEY GENERAL'S
OPINIONS:

   Groundwater management districts; annual meetings of eligible
voters; affidavits of eligibility to vote; certain records not
required to be open; information of a personal nature; board of
directors; qualifications. 85-48.

   Records open to public; disclosure of coroner's records. 86-5.

   Records subject to disclosure. 86-43.

   Public agency defined. 86-48.

   Open records; abstracts or copies thereof; reasonableness of
fees. 87-4.

   Access to records filed under U.C.C. 87-50.

   Hospital board member has right of access to personnel file of
staff physician or other county hospital employee. 87-109.

   Prohibited and illegal uses of names and addresses derived from
public records. 87-137.

   Criminal history record information; disclosure of pending
charges and scheduled court date. 87-145.

   Records open to public; correspondence received by members of
public bodies.  87-149.

   Laws, journals and public
information; records open to public; registration of attorneys.
87-168.

   Racing commission; licensure; open records act; confidential
information. 88-3.

   Municipal hospitals; open records act; employee names and
salaries. 88-61.

   Open records act; certain laboratory records not required to be
open. 88-88.
   Identity of persons transported by emergency medical vehicles;
physician-patient privilege. 88-101.

   Letter of notice to attorneys who fail to timely pay
registration fee. 88-117.

   Disclosure of voter registration lists; lists on computers.
88-152.

   Department of commerce; low-income housing tax credit program.
89-46.

   Certain records not open to public; personnel records; invasion
of privacy. 91-50.

   Open public records; ability of state
agent to contractually close record not otherwise closed by law;
legislative post audit; access to records, limitations. 91-116.

  CASE ANNOTATIONS:

   1. Provisions of this act not retroactive; due to repeal of
45-201 et seq. and enactment hereof, personnel files specifically
excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96,
102, 105, 697 P.2d 1279 (1985).

   2. Legislative intent considered in reviewing purpose of act;
disclosure of criminal investigation records. Harris Enterprises,
Inc. v. Moore, 241 K. 59, 60, 62, 63, 734 P.2d 1083 (1987).

   3. Disclosure of K.B.I. reports to racing license applicants as
permissible under 74-8804 and subject to KORA (45-215 et seq.)
examined. Kansas Racing Management, Inc. v. Kansa Racing Comm'n,
244 K. 343, 352, 770 P.2d 423 (1989).


   4. Disclosure of employee addresses to union as bargaining unit
examined; disclosure permitted under facts of case. State Dept. of
SRS v. Public Employee  Relations Board. 249 K. 163, 167, 815 P.2d
66 (1991).

K.S.A. @ 45-217 (1992)

45-217. Definitions.

   As used in the open records act, unless the context otherwise
requires:

   (a) "Business day" means any day other than a Saturday, Sunday
or day designated as a holiday by the congress of the United
States, by the legislature or governor of this state or by the
respective political subdivision of this state.

   (b) "Criminal investigation records" means records of an
investigatory agency or criminal justice agency as defined by
K.S.A. 22-4701 and amendments
thereto, compiled in the process of
preventing, detecting or investigating violations of criminal law,
but does not include police blotter entries, court records, rosters
of inmates of jails or other correctional or detention facilities
or records pertaining to violations of any traffic law other than
vehicular homicide as defined by K.S.A. 21-3405 and amendments
thereto.

   (c) "Custodian" means the official custodian or any person
designated by the  official custodian to carry out the duties of
custodian under this act.

   (d) "Official custodian" means any officer or employee of a
public agency who is responsible for the maintenance of public
records, regardless of whether such records are in the officer's or
employee's actual personal custody and control.

   (e) (1) "Public agency" means the state or any political or
taxing subdivision of the state, or any office, officer, agency or
instrumentality thereof, or any other entity receiving or expending
and supported in whole or in part by public funds appropriated by
the state or by public funds of any political or taxing subdivision
of the state.

   (2) "Public agency" shall not include:

  (A) Any entity solely by reason of
payment from public funds for property, goods or services of such
entity;
  (B) any municipal judge, judge of the district court, judge
of the court of appeals or justice of the supreme court; or
  (C) any
officer or employee of the state or a political or taxing
subdivision of the state if the state or political or taxing
subdivision does not provide the officer or employee with an office
which is open to the public at least 35 hours a week.

   (f) (1) "Public record" means any recorded information,
regardless of form or characteristics, which is made, maintained or
kept by or is in the possession of any public agency.

   (2) "Public record" shall not include records which are owned by
a private person or entity and are not related to functions,
activities, programs or operations funded by public funds or
records which are made, maintained or kept  by an individual who is
a member of the legislature or of the governing body of  any
political or taxing subdivision of the state.

   (g) "Undercover agent" means an employee of a public agency
responsible for criminal law enforcement who is engaged in the
detection or investigation of violations of criminal law in a
capacity where such employee's identity or employment by the public
agency is secret.

     HISTORY:  L. 1984, ch. 187, @ 3; Feb.9.

 NOTES:     LAW REVIEW AND BAR JOURNAL REFERENCES:

   "Letting the Sunshine In: An Analysis of the 1984 Kansas Open
Records Act," Ted P. Frederickson, 33 K.L.R. 205 (1985).

   "Hazardous Waste Regulation in the United States a Mind-Numbing
Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992).
ATTORNEY GENERAL'S OPINIONS:

   Rosters of inmates not subject to exception for criminal
investigation records. 84-124.

   Automobiles and other vehicles; maximum speed limits; certain
violations not  matters of public records; disclosure of records.
85-7.

   Taxation; property valuation,
equalization; assessment; records open to public inspection. 85-36.

   Records open to public; access to city department reports.
85-156.

   Records open to public; disclosure of coroner's records. 86-5.

   Records subject to disclosure. 86-43.

   Public agency defined. 86-48.

   Records subject to disclosure. 86-101.

   Code of professional responsibility; privileged communications.
87-23.

   Law enforcement records; jail book, standard offense report, mug
shots. 87-25.

   Access to records filed under U.C.C. 87-50.

   Breath test machine results log is criminal investigation
record; not required to be disclosed to public. 87-63.

    Crime of "unlawful disclosure of a
warrant" prohibits disclosure, before execution of warrant, of
complaint which leads to arrest warrant issuance. 87-100.

   Hospital board member has right of access to personnel file of
staff physician or other county hospital employee. 87-109.

   Prohibited and illegal uses of names and addresses derived from
public records. 87-137.

   Criminal history record information; disclosure of pending
charges and scheduled court date. 87-145.

   Records open to public; correspondence received by members of
public bodies.  87-149.

   Laws, journals and public information; records open to public;
registration of attorneys. 87-168.

   Racing commission; licensure; open records act; confidential
information. 88-3.

    Municipal hospitals; open records
act; employee names and salaries. 88-61.

   Open records act; certain laboratory records not required to be
open. 88-88.

   Identity of persons transported by emergency medical vehicles;
physician-patient privilege. 88-101.

   Letter of notice to attorneys who fail to timely pay
registration fee. 88-117.

   Disclosure of voter registration lists; lists on computers.
88-152.

   Department of commerce; low-income housing tax credit program.
89-46.

   Personnel records, sheriff's office. 89-107.

   Utility or other public service records; revenue department's
records on tax  exemptions and refunds. 90-20.

   Board of education clerk; appointment and duties; custody of
records; public  records. 90-89.

    Legislative post audit reports;
status under Kansas open records act. 90-92.

   Discretionary disclosure of certain personnel records; state
agencies; criminal identification and detection. 90-136.

   Certain records not open to public; personnel records; invasion
of privacy. 91-50.

   Recordation of death certificates with county register of deeds;
open public  records. 91-87.

   Open public records; records compiled on radon testing; records
pertaining to identifiable individuals. 91-106.

   Open public records; ability of state agent to contractually
close record not otherwise closed by law; legislative post audit;
access to records, limitations. 91-116.

   Open public records; internal civil investigation of state
employee; veterans affairs commission; appointment, powers and
duties of executive director; employees. 91-127.

   Open public records; records obtained
by legislative post audit; duty of confidentiality imposed by law;
audit work papers. 91-138.

   Legislative post audit committee to contract with firm or firms
to perform financial compliance audits; public records; audit
working papers of such contracted private firms. 91-157.

   Legislative post audit; open public records; duty of
confidentiality; mortgage credit certificate program records.
91-158.

   Expungement; release of records to victim; certain records not
required to be open. 92-27.

  CASE ANNOTATIONS:

   1. Disclosure of K.B.I. reports to racing license applicants as
permissible under 74-8804 and subject to K.O.R.A. (45-215 et seq.)
examined. Kansas Racing Management, Inc., v. Kansas Racing Comm'n,
244 K. 343, 351, 770 P.2d 423 (1989).

K.S.A. @ 45-218 (1992)

45-218. Inspection of records; request; response; refusal, when;
fees.

   (a) All public records shall be open for inspection by any
person, except as  otherwise provided by this act, and suitable
facilities shall be made available  by each public agency for this
purpose. No person shall removal original copies  of public records
from the office of any public agency without the written permission
of the custodian of the record.

   (b) Upon request in accordance with procedures adopted under
K.S.A. 45-220, any person may inspect public records during the
regular office hours of the public agency and during any additional
hours established by the public agency pursuant to K.S.A. 45-220.

   (c) If the person to whom the request is directed is not the
custodian of the public record requested, such person shall so
notify the requester and shall furnish the name and location of the
custodian of the public record, if known to or readily
ascertainable by such person.

   (d) Each request for access to a public record shall be acted
upon as soon as possible, but not later than the end of the third
business day following the date that the request is received. If
access to the public record is not granted immediately, the
custodian shall give a detailed explanation of the cause for
further delay and the place and earliest time and date that the
record will be available for inspection. If the request for access
is denied, the custodian shall provide, upon request, a written
statement of the grounds for denial. Such statement shall cite the
specific provision of law under which access is denied  and shall
be furnished to the requester not later than the end of the third
business day following the date that the request for the statement
is received.

   (e) The custodian may refuse to provide access to a public
record, or to permit inspection, if a request places an
unreasonable burden in producing public records or if the custodian
has reason to believe that repeated requests  are intended to
disrupt other essential functions of the public agency.

However, refusal under this
subsection must be sustained by preponderance of the evidence.

   (f) A public agency may charge and require advance payment of a
fee for providing access to or furnishing copies of public records,
subject to K.S.A. 45-219.

HISTORY:  L. 1984, ch. 187, @ 4; Feb. 9.

 NOTES:     RESEARCH AND PRACTICE AIDS:

   Records 62.

   C.J.S. Records @@ 35, 41.   LAW REVIEW AND BAR JOURNAL
REFERENCES:

   "Letting the Sunshine In: An Analysis of the 1984 Kansas Open
Records Act," Ted P. Frederickson, 33 K.L.R. 205 (1985).

    "Hazardous Waste Regulation in the
United States a Mind-Numbing Journey," James O. Neet, Jr., 61
J.K.B.A. No. 1, 31, 34 (1992).   ATTORNEY GENERAL'S OPINIONS:

   Response to information request to KDHE for open record
information. 87-86.

   Crime of "unlawful disclosure of a warrant" prohibits
disclosure, before execution of warrant, of complaint which leads
to arrest warrant issuance. 87-100.

   Open records act; certain laboratory records not required to be
open. 88-88.

   Open public records; records obtained by legislative post audit;
duty of confidentiality imposed by law; audit work papers. 91-138.

  CASE ANNOTATIONS:

   1. Provisions of this act not retroactive; due to repeal of
45-201 et seq. and enactment hereof, personnel files specifically
excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96,
102, 105, 697 P.2d 1279 (1985).

    2. Disclosure of employee addresses to
union as bargaining unit examined; disclosure permitted under facts
of case. State Dept. of SRS v. Public Employee  Relations Board,
249 K. 163, 167, 815 P.2d 66 (1991).

K.S.A. @ 45-219 (1992)

45-219. Abstracts or copies of records; fees.

   (a) Any person may make abstracts or obtain copies of any public
record to which such person has access under this act. If copies
are requested, the public agency may require a written request and
advance payment of the prescribed fee.  A public agency shall not
be required to provide copies of radio or recording tapes or discs,
video tapes or films, pictures, slides, graphics, illustrations  or
similar audio or visual items or devices, unless such items or
devices were shown or played to a public meeting of the governing
body thereof, but the public agency shall not be required to
provide such items or devices which are copyrighted by a person
other than the public agency.

    (b) Copies of public records shall be
made while the records are in the possession, custody and control
of the custodian or a person designated by the custodian and shall
be made under the supervision of such custodian or person. When
practical, copies shall be made in the place where the records are
kept. If it is impractical to do so, the custodian shall allow
arrangements to be made for use of other facilities. If it is
necessary to use other facilities for copying, the cost thereof
shall be paid by the person desiring a copy of the records. In
addition, the public agency may charge the same fee for the
services rendered in supervising the copying as for furnishing
copies under subsection (c) and may establish a reasonable schedule
of times for making copies at other  facilities.

   (c) Except as provided by subsection (f) or where fees for
inspection or for  copies of a public record are prescribed by
statute, each public agency may prescribe reasonable fees for
providing access to or furnishing copies of public records, subject
to the following:

   (1) In the case of fees for copies of records, the fees shall
not exceed the  actual cost of furnishing copies, including the
cost of staff time required to make the information available.

   (2) In the case of fees for providing
access to records maintained on computer facilities, the fees shall
include only the cost of any computer services, including staff
time required.

   (3) Fees for access to or copies of public records of public
agencies within  the legislative branch of the state government
shall be established in accordance with K.S.A. 46-1207a and
amendments thereto.

   (4) Fees for access to or copies of public records of public
agencies within  the judicial branch of the state government shall
be established in accordance with rules of the supreme court.

   (5) Fees for access to or copies of public records of a public
agency within  the executive branch of the state government shall
be subject to approval by the director of accounts and reports.

   (d) Except as otherwise authorized pursuant to K.S.A. 75-4215
and amendments  thereto, each public agency within the executive
branch of the state government  shall remit all moneys received by
or for it from fees charged pursuant to this  section to the state
treasurer in accordance with K.S.A. 75-4215 and amendments
thereto. Unless otherwise specifically provided by law, the state
treasurer shall deposit the entire amount thereof in the state
treasury and credit the same to the state general fund,
except that the cost of charges for the services of the division of
computer services may be credited to the fee fund of the agency to
defray such cost.

   (e) Each public agency of a political or taxing subdivision
shall remit all moneys received by or for it from fees charged
pursuant to this act to the treasurer of such political or taxing
subdivision at least monthly. Upon receipt of any such moneys, such
treasurer shall deposit the entire amount thereof in the treasury
of the political or taxing subdivision and credit the same to the
general fund thereof, unless otherwise specifically provided by
law.

   (f) Any person who is a certified short-hand reporter may charge
fees for transcripts of such person's notes of judicial or
administrative proceedings in  accordance with rates established
pursuant to rules of the Kansas supreme court.

HISTORY:  L. 1984, ch. 187, @ 5; L. 1984, ch. 282; @ 2; April 26.

 NOTES:     RESEARCH AND PRACTICE AIDS:

                              Records 15.

   C.J.S. Records @@ 38, 40.   ATTORNEY GENERAL'S OPINIONS:

   Open records; abstracts or copies thereof; reasonableness of
fees. 87-4.

   Prohibited and illegal uses of names and addresses derived from
public records. 87-137.

   Disclosure of voter registration lists; lists on computers.
88-152.

45-220. Procedures for obtaining access to or copies of records;
request; office hours; provision of information on procedures.

   (a) Each public agency shall adopt procedures to be followed in
requesting access to and obtaining copies of public records, which
procedures shall provide full access to public records, protect
public records from damage and disorganization, prevent excessive
disruption of the agency's essential functions, provide assistance
and information upon request and insure efficient  and timely
action in response to applications for inspection of public
records.

    (b) A public agency may require a
written request for inspection of public records but shall not
otherwise require a request to be made in any particular form.
Except as otherwise provided by subsection (c), a public agency
shall not  require that a request contain more information than the
requester's name and address and the information necessary to
ascertain the records to which the requester desires access and the
requester's right of access to the records. A public agency may
require proof of identity of any person requesting access to a
public record. No request shall be returned, delayed or denied
because of any technicality unless it is impossible to determine
the records to which the requester desires access.

   (c) If access to public records of an agency or the purpose for
which the records may be used is limited pursuant to K.S.A. 21-3914
or 45-221, and amendments thereto, the agency may require a person
requesting the records or information therein to provide written
certification that:

   (1) The requester has a right of access to the records and the
basis of that  right; or

   (2) the requester does not intend to, and will not: (A) Use any
list of names or addresses contained in or derived from the records
or information for the purpose of selling or offering for sale any
property or service to any person listed or to any person who resides
at any address listed; or (B) sell, give or  otherwise make
available to any person any list of names or addresses contained
in or derived from the records or information for the purpose of
allowing that person to sell or offer for sale any property or
service to any person listed or to any person who resides at any
address listed.

   (d) A public agency shall establish, for business days when it
does not maintain regular office hours, reasonable hours when
persons may inspect and obtain copies of the agency's records. The
public agency may require that any person desiring to inspect or
obtain copies of the agency's records during such  hours so notify
the agency, but such notice shall not be required to be in writing
and shall not be required to be given more than 24 hours prior to
the hours established for inspection and obtaining copies.

   (e) Each official custodian of public records shall designate
such persons as necessary to carry out the duties of custodian
under this act and shall ensure that a custodian is available
during regular business hours of the public agency to carry out
such duties.

   (f) Each public agency shall provide, upon request of any
person, the following information:

  (1) The principal office of the
agency, its regular office hours and any additional hours
established by the agency pursuant to subsection (c).

   (2) The title and address of the official custodian of the
agency's records and of any other custodian who is ordinarily
available to act on requests made at the location where the
information is displayed.

   (3) The fees, if any, charged for access to or copies of the
agency's records.

   (4) The procedures to be followed in requesting access to and
obtaining copies of the agency's records, including procedures for
giving notice of a desire to inspect or obtain copies of records
during hours established by the agency pursuant to subsection (c).

HISTORY:  L. 1984, ch. 187, @ 6; L. 1984, ch. 282; @ 3; April 26.

 NOTES:     LAW REVIEW AND BAR JOURNAL REFERENCES:

    "Agency Access and Disclosure: Kansas
and Federal," David L. Ryan, 56 J.K.B.A., No. 6, 8, 11 (1987).
ATTORNEY GENERAL'S OPINIONS:

   Prohibition against commercial use of list of names and
addresses from public records. 84-106.

   Lists of names derived from public records. 86-39.

   Unlawful use of names derived from public records. 87-73.

   Prohibited and illegal uses of names and addresses derived from
public records. 87-137.
   Laws, journals and public information; records open to public;
registration of attorneys. 87-168.

   Disclosure of voter registration lists; lists on computers.
88-152.

   Unlawful use of names derived from public records. 89-47.

   Board of education clerk; appointment
and duties; custody of records; public  records. 90-89.

  CASE ANNOTATIONS:

   1. Provisions of this act not retroactive; due to repeal of
45-201 et seq. and enactment hereof, personnel files specifically
excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96,
102, 105, 697 P.2d 1279 (1985).

   2. Certification pursuant hereto protects agency disclosing
information from  criminal penalty under 21-3914. State Dept. of
SRS v. Public Employee Relations  Board, 249 K. 163, 171, 815 P.2d
66 (1991).

K.S.A. @ 45-221 (1992)

45-221. Certain records not required to be open; separation of open
and closed information required; statistics and records over 70
years old open.

   (a) Except to the extent disclosure is otherwise required by
law, a public agency shall not be required to disclose:

   (1) Records the disclosure of which is specifically prohibited
or restricted  by federal law, state statute or rule of the Kansas
supreme court or the disclosure of which is prohibited or
restricted pursuant to specific authorization of federal law, state
statute or rule of the Kansas supreme court  to restrict or
prohibit disclosure.

   (2) Records which are privileged
under the rules of evidence, unless the holder of the privilege
consents to the disclosure.

   (3) Medical, psychiatric, psychological or alcoholism or drug
dependency treatment records which pertain to identifiable
patients.

   (4) Personnel records, performance ratings or individually
identifiable records pertaining to employees or applicants for
employment, except that this exemption shall not apply to the
names, positions, salaries and lengths of service of officers and
employees of public agencies once they are employed as such.

   (5) Information which would reveal the identity of any
undercover agent or any informant reporting a specific violation of
law.

   (6) Letters of reference or recommendation pertaining to the
character or qualifications of an identifiable individual.

   (7) Library, archive and museum materials contributed by private
persons, to  the extent of any limitations imposed as conditions of
the contribution.

   (8) Information which would reveal
the identity of an individual who lawfully makes a donation to a
public agency, if anonymity of the donor is a condition of the
donation.

   (9) Testing and examination materials, before the test or
examination is given or if it is to be given again, or records of
individual test or examination scores, other than records which
show only passage or failure and not specific scores.

   (10) Criminal investigation records, except that the district
court, in an action brought pursuant to K.S.A. 45-222 and
amendments thereto, may order disclosure of such records, subject
to such conditions as the court may impose,  if the court finds
that disclosure:

   (A) Is in the public interest;

   (B) would not interfere with any prospective law enforcement
action;

   (C) would not reveal the identity of any confidential source or
undercover agent;

   (D) would not reveal confidential
investigative techniques or procedures not  known to the general
public; and

   (E) would not endanger the life or physical safety of any
person.

   (11) Records of agencies involved in administrative adjudication
or civil litigation, compiled in the process of detecting or
investigating violations of  civil law or administrative rules and
regulations, if disclosure would interfere with a prospective
administrative adjudication or civil litigation or reveal the
identity of a confidential source or undercover agent.

   (12) Records of emergency or security information or procedures
of a public agency, or plans, drawings, specifications or related
information for any building or facility which is used for purposes
requiring security measures in or around the building or facility
or which is used for the generation or transmission of power,
water, fuels or communications, if disclosure would jeopardize
security of the public agency, building or facility.

   (13) The contents of appraisals or engineering or feasibility
estimates or evaluations made by or for a public agency relative to
the acquisition of property, prior to the award of formal contracts
therefor.

   (14) Correspondence between a public
agency and a private individual, other than correspondence which is
intended to give notice of an action, policy or determination
relating to any regulatory, supervisory or enforcement
responsibility of the public agency or which is widely distributed
to the public by a public agency and is not specifically in
response to communications from such a private individual.

   (15) Records pertaining to employer-employee negotiations, if
disclosure would reveal information discussed in a lawful executive
session under K.S.A. 75-4319 and amendments thereto.

   (16) Software programs for electronic data processing and
documentation thereof, but each public agency shall maintain a
register, open to the public, that describes:

   (A) The information which the agency maintains on computer
facilities; and

   (B) the form in which the information can be made available
using existing computer programs.

   (17) Applications, financial statements and other information
submitted in connection with applications for student financial
assistance where financial need is a consideration for the
award.

   (18) Plans, designs, drawings or specifications which are
prepared by a person other than an employee of a public agency or
records which are the property of a private person.

   (19) Well samples, logs or surveys which the state corporation
commission requires to be filed by persons who have drilled or
caused to be drilled, or are drilling or causing to be drilled,
holes for the purpose of discovery or production of oil or gas, to
the extent that disclosure is limited by rules and  regulations of
the state corporation commission.

   (20) Notes, preliminary drafts, research data in the process of
analysis, unfunded grant proposals, memoranda, recommendations or
other records in which opinions are expressed or policies or
actions are proposed, except that this exemption shall not apply
when such records are publicly cited or identified in  an open
meeting or in an agenda of an open meeting.

   (21) Records of a public agency having legislative powers, which
records pertain to proposed legislation or amendments to proposed
legislation, except that this exemption shall not apply when such
records are:

    (A) Publicly cited or identified in
an open meeting or in an agenda of an open meeting; or

   (B) distributed to a majority of a quorum of any body which has
authority to  take action or make recommendations to the public
agency with regard to the matters to which such records pertain.

   (22) Records of a public agency having legislative powers, which
records pertain to research prepared for one or more members of
such agency, except that this exemption shall not apply when such
records are:

   (A) Publicly cited or identified in an open meeting or in an
agenda of an open meeting; or

   (B) distributed to a majority of a quorum of any body which has
authority to  take action or make recommendations to the public
agency with regard to the matters to which such records pertain.

   (23) Library patron and circulation records which pertain to
identifiable individuals.

    (24) Records which are compiled for
census or research purposes and which pertain to identifiable
individuals.

   (25) Records which represent and constitute the work product of
an attorney.

   (26) Records of a utility or other public service pertaining to
individually  identifiable residential customers of the utility or
service, except that information concerning billings for specific
individual customers named by the requester shall be subject to
disclosure as provided by this act.

   (27) Specifications for competitive bidding, until the
specifications are officially approved by the public agency.

   (28) Sealed bids and related documents, until a bid is accepted
or all bids rejected.

   (29) Correctional records pertaining to an identifiable inmate,
except that:

   (A) The name, sentence data, parole eligibility date,
disciplinary record, custody level and location of an inmate shall
be subject to disclosure to any person other than another inmate;
and

   (B) the ombudsman of corrections, the
corrections ombudsman board, the attorney general, law enforcement
agencies, counsel for the inmate to whom the record pertains and
any county or district attorney shall have access to correctional
records to the extent otherwise permitted by law.

   (30) Public records containing information of a personal nature
where the public disclosure thereof would constitute a clearly
unwarranted invasion of personal privacy.

   (31) Public records pertaining to prospective location of a
business or industry where no previous public disclosure has been
made of the business' or industry's interest in locating in,
relocating within or expanding within the state. This exception
shall not include those records pertaining to application  of
agencies for permits or licenses necessary to do business or to
expand business operations within this state, except as otherwise
provided by law.

   (32) The bidder's list of contractors who have requested bid
proposals for construction projects from any public agency, until
a bid is accepted or all bids rejected.

   (33) Engineering and architectural estimates made by or for any
public agency relative to public improvements.

   (34) Financial information submitted
by contractors in qualification statements to any public agency.

   (35) Records involved in the obtaining and processing of
intellectual property rights that are expected to be, wholly or
partially vested in or owned  by a state educational institution,
as defined in K.S.A. 76-711 and amendments thereto, or an assignee
of the institution organized and existing for the benefit of the
institution.

   (36) Any report or record which is made pursuant to K.S.A. 1992
Supp. 65-4922, 65-4923 or 65-4924, and amendments thereto, and
which is privileged pursuant to K.S.A. 65-4915 or K.S.A. 1992 Supp.
65-4925, and amendments thereto.

   (37) Information which would reveal the precise location of an
archeological  site.

   (38) Any financial data or traffic
information from a railroad company, to a public agency, concerning
the sale, lease or rehabilitation of the railroad's property in
Kansas.

   (b) Except to the extent disclosure is otherwise required by law
or as appropriate during the course of an administrative proceeding
or on appeal from agency action, a public agency
or officer shall not disclose financial information of a taxpayer
which may be required or requested by a county appraiser to assist
in the determination of the value of the taxpayer's property for ad
valorem taxation purposes; or any financial information of a
personal nature required or requested by a public agency or
officer, including a name, job description or title revealing the
salary or other compensation of officers, employees or applicants
for employment with a firm, corporation or agency, except a public
agency. Nothing contained herein shall be construed to prohibit
the publication of statistics, so classified as to prevent
identification of particular reports or returns and the items
thereof.

   (c) As used in this section, the term "cited or identified"
shall not include a request to an employee of a public agency that
a document be prepared.

   (d) If a public record contains material which is not subject to
disclosure pursuant to this act, the public agency shall separate
or delete such material and make available to the requester that
material in the public record which issubject to disclosure
pursuant to this act. If a public record is not subject  to
disclosure because it pertains to an identifiable individual, the
public agency shall delete the identifying portions of the record
and make available to the requester any remaining portions which
are subject to disclosure pursuant to this act, unless the request
is for a record pertaining to a specific individual or to
such a limited group
of individuals that the individuals' identities are reasonably
ascertainable, the public agency shall not be required to disclose
those portions of the record which pertain to such individual or
individuals.

   (e) The provisions of this section shall not be construed to
exempt from public disclosure statistical information not
descriptive of any identifiable person.

   (f) Notwithstanding the provisions of subsection (a), any public
record which has been in existence more than 70 years shall be open
for inspection by any person unless disclosure of the record is
specifically prohibited or restricted  by federal law, state
statute or rule of the Kansas supreme court or by a policy adopted
pursuant to K.S.A. 72-6214 and amendments thereto.

HISTORY: L. 1984, ch. 187, @ 7; L. 1984, ch. 282, @ 4; L. 1986, ch.
193, @ 1; L. 1987, ch. 176, @ 4; L. 1989, ch. 154, @ 1; L. 1991,
ch. 149, @ 12; May 30.

 NOTES:     LAW REVIEW AND BAR JOURNAL REFERENCES:

   "Letting the Sunshine In: An Analysis
of the 1984 Kansas Open Records Act," Ted P. Frederickson, 33
K.L.R. 205 (1985).

   "Agency Access and Disclosure: Kansas and Federal," David L.
Ryan, 56 J.K.B.A. No. 6, 8, 11 (1987).

   "Hazardous Waste Regulation in the United States a Mind-Numbing
Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992).
ATTORNEY GENERAL'S OPINIONS:

   Uniform vital statistics act; disclosure of records. 84-101.

   Rosters of inmates not subject to exception for criminal
investigation records. 84-124.

   Commission on civil rights; confidential nature of investigative
files; records received by state archives; confidentiality
maintained. 85-2.

   Automobiles and other vehicles; maximum speed limits; certain
violations not  matters of public records; disclosure of records.
85-7.

    Taxation; property valuation,
equalization; assessment; records open to public inspection. 85-36.

   Groundwater management districts; annual meetings of eligible
voters; affidavits of eligibility to vote; certain records not
required to be open; information of a personal nature; board of
directors; qualifications. 85-48.

   Access of person to records bearing that person's name. 85-105.

   Records open to public; access to city department reports.
85-156.

   Records open to public; exceptions to disclosure. 86-1.

   Records open to public; disclosure of coroner's records. 86-5.

   Lists of names derived from public records. 86-39.

   Records subject to disclosure. 86-43.

   Public agency defined. 86-48.

                              Records subject to disclosure.
86-101.

   Code of professional responsibility; privileged communications.
87-23.

   Law enforcement records; jail book, standard offense report, mug
shots. 87-25.

   Access to records filed under U.C.C. 87-50.

   Breath test machine results log is criminal investigation
record; not required to be disclosed to public. 87-63.

   Unlawful use of names derived from public records. 87-73.

   Response to information request to KDHE for open record
information. 87-86.

   Crime of "unlawful disclosure of a warrant" prohibits
disclosure, before execution of warrant, of complaint which leads
to arrest warrant issuance. 87-100.

   Hospital board member has right of access to personnel file of
staff physician or other county hospital employee. 87-109.

    Physician-patient privileged
communication; inmates; physician justified in notifying officials
when necessary to protect health of other inmates. 87-139.

   Criminal history record information; disclosure of pending
charges and scheduled court date. 87-145.

   Records open to public; correspondence received by members of
public bodies.  87-149.

   Laws, journals and public information; records open to public;
registration of attorneys. 87-168.

   Racing commission; licensure; open records act; confidential
information. 88-3.

   Municipal hospitals; open records act; employee names and
salaries. 88-61.

   Open records act; certain laboratory records not required to be
open. 88-88.

   Identity of persons transported by emergency medical vehicles;
physician-patient privilege. 88-101.

    Letter of notice to attorneys who
fail to timely pay registration fee. 88-117.

   Disclosure of voter registration lists; lists on computers.
88-152.

   Department of commerce; low-income housing tax credit program.
89-46.

   Unlawful use of names derived from public records. 89-47.

   Personnel records, sheriff's office. 89-107.

   Utility or other public service records; revenue department's
records on tax  exemptions and refunds. 90-20.
   Permanent registration of city, county or township vehicles;
ambulances. 90-52.

   Legislative post audit reports; status under Kansas open records
act. 90-92.

   Discretionary disclosure of certain personnel records; state
agencies; criminal identification and detection. 90-136.

    Certain records not open to public;
personnel records; invasion of privacy. 91-50.

   Recordation of death certificates with county register of deeds;
open public  records. 91-87.

   Open public records; records compiled on radon testing; records
pertaining to identifiable individuals. 91-106.

   Open public records; ability of state agent to contractually
close record not otherwise closed by law; legislative post audit;
access to records, limitations. 91-116.

   Open public records; internal civil investigation of state
employee; veterans affairs commission; appointment, powers and
duties of executive director; employees. 91-127.

   Open public records ; records obtained by legislative post
audit; duty of confidentiality imposed by law; audit work papers.
91-138.

   Property assessments; appraisals and valuations; installation
and maintenance of records; open to public inspection. 91-145.

    Legislative post audit; open public
records; duty of confidentiality; mortgage credit certificate
program records. 91-158.

   Expungement ; release of records to victim; certain records not
required to be open. 92-27.

  CASE ANNOTATIONS:

   1. Provisions of this act not retroactive; due to repeal of
45-201 et seq. and enactment hereof, personnel files specifically
excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96,
102, 105, 697 P.2d 1279 (1985).

   2. Basis for disclosure of criminal investigation records
considered; legislative intent. Harris Enterprises, Inc. v. Moore,
241 K. 59, 63, 64, 65, 67, 734 P.2d 1083 (1987).

   3. Subject to provisions herein, disclosure of K.B.I. reports to
racing license applicants permitted under 45-215 et seq. and
74-8804. Kansas Racing Management, Inc. v. Kansas Racing Comm'n,
244 K. 343, 353, 770 P.2d 423 (1989).

    4. Disclosure of employee addresses to
union as bargaining unit examined; disclosure permitted under facts
of case. State Dept. of SRS v. Public Employee  Relations Board,
249 K. 163, 167, 815 P.2d 66 (1991).

K.S.A. @ 45-222 (1992)

45-222. Civil remedies to enforce act.

   (a) The district court of any county in which public records are
located shall have jurisdiction to enforce the purposes of this act
with respect to such records, by injunction, mandamus or other
appropriate order, in an action brought by any person, the attorney
general or a county or district attorney.

   (b) In any action hereunder, the court shall determine the
matter de novo. The court on its own motion, or on motion of either
party, may view the records  in controversy in camera before
reaching a decision.

   (c) In any action hereunder, the
court may award attorney fees to the plaintiff if the court finds
that the agency's denial of access to the public record was not in
good faith and without a reasonable basis in fact or law. The
award shall be assessed against the public agency that the court
determines to be responsible for the violation.

   (d) In any action hereunder in which the defendant is the
prevailing party, the court may award to the defendant attorney
fees if the court finds that the plaintiff maintained the action
not in good faith and without a reasonable basis in fact or law.

   (e) Except as otherwise provided by law, proceedings arising
under this section shall be assigned for hearing and trial at the
earliest practicable date.

HISTORY: L. 1984, ch. 187, @ 8; L. 1984, ch. 282, @ 6; L. 1990, ch.
190, @ 1; July 1.

 NOTES:     LAW REVIEW AND BAR JOURNAL REFERENCES:

    "Agency Access and Disclosure: Kansas
and Federal," David L. Ryan, 56 J.K.B.A., No. 6, 8, 11 (1987).

   "Hazardous Waste Regulation in the United States a Mind-Numbing
Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992).
ATTORNEY GENERAL'S OPINIONS:

   Rosters of inmates not subject to exception for criminal
investigation records. 84-124.

   Breath test machine results log is criminal investigation
record; not required to be disclosed to public. 87-63.

   Response to information request to KDHE for open record
information. 87-86.

   Property assessments; appraisals and valuations; installation
and maintenance of records; open to public inspection. 91-145.

  CASE ANNOTATIONS:

   1. Provisions of this act not
retroactive; due to repeal of 45-201 et seq. and enactment hereof,
personnel files specifically excepted. Tew v. Topeka Police & Fire
Civ. Serv. Comm'n, 237 K. 96, 102, 105, 697 P.2d 1279 (1985).

   2. Cited; failure to provide private remedies in Kansas Uniform
Trade Practices Act (40-2401 et seq.) implies no private remedy
intended. Earth Scientists v. United States Fidelity & Guar., 619
F. Supp. 1465, 1471 (1985).

   3. Disclosure of criminal investigation records; in camera
inspection by trial court. Harris Enterprises, Inc. v. Moore, 241
K. 59, 67, 734 P.2d 1083 (1987).

   4. Act for judicial review and civil enforcement of agency
actions (77-601 et seq.) inapplicable to actions governed by KORA.
State Dept. of SRS v. Public Employee Relations Board, 249 K. 163,
166, 815 P.2d 66 (1991).

K.S.A. @ 45-223 (1992)

45-223.  No liability for damages for violation of act.

   No public agency nor any officer or employee of a public agency
shall be liable for damages resulting from the failure to provide
access to a public record in violation of this act.

HISTORY:    L. 1984, ch. 187, @ 9; Feb. 9.

45-224.  Continuation of fees and procedures adopted under prior act.

   All fees, schedules of times for making of copies, hours during
which public  records may be inspected or copies obtained,
procedures for requesting access to or obtaining copies of public
records or other policies or procedures which were prescribed or
adopted by any public agency pursuant to chapter 171 of the session
laws of 1983, insofar as the same are authorized or in accordance
with the provisions of this act, shall constitute the fees,
schedules, hours and policies or procedures of such public agency
for the purposes of this act until  changed, modified or revoked by
the public agency in accordance with the provisions of this act.

       HISTORY:    L. 1984, ch. 187, @ 16; Feb. 9.

K.S.A. @ 45-225 (1992)

45-225.  Severability of provisions.

   If any provisions of this act or the application thereof to any
person or circumstances is held invalid, the invalidity shall not
affect other provisions  or applications of the act which can be
given effect without the invalid provisions or application and, to
this end, the provisions of this act are severable.

HISTORY:    L. 1984, ch. 187, @ 13; Feb. 9.

NOTES:     REVISOR'S NOTE:        For
sections included in this act, see Comparative Table of Sections in
Constitutions Volume.

K.S.A. @ 45-301 (1992)

45-301. Enrollment, engrossment and printing of bills, resolutions
and other papers of the legislature.

   (a) All bills and resolutions which shall have been finally
passed or adopted by both houses of the legislature shall be
enrolled by printing at the state printing plant on parchment
paper, and such enrolled bills or resolutions shall  be taken and
held by the legislature and by each house thereof and by all courts
to be the only proper enrolled bill or resolution. Papers other
than bills or resolutions shall be enrolled only upon direction of
the rules of the legislature or by direction of one or both houses
thereof and reference in this  act to "other papers" means such