Session of 1998
                   
HOUSE BILL No. 2968
         
By Committee on Appropriations
         
2-17
            9             AN ACT concerning the open records act; relating to the release of cer-
10             tain information; amending K.S.A. 45-220 and K.S.A. 1997 Supp. 45-
11             221 and repealing the existing sections.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 45-220 is hereby amended to read as follows: 45-
15       220. (a) Each public agency shall adopt procedures to be followed in
16       requesting access to and obtaining copies of public records, which pro-
17       cedures shall provide full access to public records, protect public records
18       from damage and disorganization, prevent excessive disruption of the
19       agency's essential functions, provide assistance and information upon re-
20       quest and insure efficient and timely action in response to applications
21       for inspection of public records.
22           (b) A public agency may require a written request for inspection of
23       public records but otherwise shall not otherwise require a request to be
24       made in any particular form. Except as otherwise provided by subsection
25       (c), a public agency shall not require that a request contain more infor-
26       mation than the requester's name and address and, the information nec-
27       essary to ascertain the records to which the requester desires access and
28       the requester's right of access to the records. A public agency may require
29       proof of identity of any person requesting access to a public record. No
30       request shall be returned, delayed or denied because of any technicality
31       unless it is impossible to determine the particular records to which the
32       requester desires access.
33           (c) If access to public records of an agency or the purpose for which
34       the records may be used is limited pursuant to K.S.A. 21-3914 or 45-221,
35       and amendments thereto, the agency may require a person requesting
36       the records or information therein to provide the following written cer-
37       tification that:
38           (1) The requester has a right of access to the records and the basis
39       of that right; or
40           (2) the requester does not intend to, and will not: (A) use, sell, give
41       or otherwise make available to any person any list of names or addresses
42       contained in or derived from the records or information for either of the
43       following purposes:

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  1           (A) For the purpose of selling or offering for sale any property or
  2       service to any person listed or to any person who resides at any address
  3       listed; or (B) sell, give or otherwise make available to any person any list
  4       of names or addresses contained in or derived from the records or infor-
  5       mation for the purpose of allowing that person to sell or offer for sale any
  6       property or service to any person listed or to any person who resides at
  7       any address listed.
  8           (B) if the information is required to be open under subsection (a)(4)
  9       of K.S.A. 45-221, and amendments thereto, for the purpose of recruiting
10       or soliciting any public employee for employment.
11           (d) A public agency shall establish, for business days when it does not
12       maintain regular office hours, reasonable hours when persons may inspect
13       and obtain copies of the agency's records. The public agency may require
14       that any person desiring to inspect or obtain copies of the agency's records
15       during such hours so notify the agency, but such notice shall not be re-
16       quired to be in writing and shall not be required to be given more than
17       24 hours prior to the hours established for inspection and obtaining cop-
18       ies.
19           (e) Each official custodian of public records shall designate such any
20       persons as necessary to carry out the duties of custodian under this act
21       and shall ensure that a custodian is available during regular business hours
22       of the public agency to carry out such duties.
23           (f) Each public agency shall provide, upon request of any person, the
24       following information:
25           (1) The principal office of the agency, its regular office hours and any
26       additional hours established by the agency pursuant to subsection (c).
27           (2) The title and address of the official custodian of the agency's rec-
28       ords and of any other custodian who is ordinarily available to act on re-
29       quests made at the location where the information is displayed.
30           (3) The fees, if any, charged for access to or copies of the agency's
31       records.
32           (4) The procedures to be followed in requesting access to and ob-
33       taining copies of the agency's records, including procedures for giving
34       notice of a desire to inspect or obtain copies of records during hours
35       established by the agency pursuant to subsection (c) (d).
36           Sec. 2. K.S.A. 1997 Supp. 45-221 is hereby amended to read as fol-
37       lows: 45-221. (a) Except to the extent that disclosure is otherwise required
38       by law, a public agency shall not be required to disclose any of the fol-
39       lowing records:
40           (1) Records the disclosure of which specifically is specifically prohib-
41       ited or restricted by federal law, state statute or rule of the Kansas su-
42       preme court or the disclosure of which is prohibited or restricted pursuant
43       to specific authorization of federal law, state statute or rule of the Kansas

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  1       supreme court to restrict or prohibit disclosure.
  2           (2) Records which are privileged under the rules of evidence, unless
  3       the holder of the privilege consents to the disclosure.
  4           (3) Medical, psychiatric, psychological or alcoholism or drug depend-
  5       ency treatment records which pertain to identifiable patients.
  6           (4) Personnel records, performance ratings or individually identifia-
  7       ble records pertaining to employees or applicants for employment, except
  8       that. This exemption shall not apply to the names, positions, salaries and
  9       lengths of service of officers and employees of public agencies once they
10       are employed as such. Information released under this paragraph shall
11       not be used to recruit or solicit public employees for employment.
12           (5) Information which would reveal the identity of any undercover
13       agent or any informant reporting a specific violation of law.
14           (6) Letters of reference or recommendation pertaining to the char-
15       acter or qualifications of an identifiable individual.
16           (7) Library, archive and museum materials contributed by private
17       persons, to the extent of any limitations imposed as conditions of the
18       contribution.
19           (8) Information which would reveal the identity of an individual who
20       lawfully makes a donation to a public agency, if anonymity of the donor
21       is a condition of the donation.
22           (9) Testing and examination materials, before the test or examination
23       is given or if it is to be given again, or records of individual test or ex-
24       amination scores, other than records which show only passage only show-
25       ing passage or failure and not specific scores.
26           (10) Criminal investigation records, except that the district court, in
27       an action brought pursuant to K.S.A. 45-222, and amendments thereto,
28       may order disclosure of such records, subject to such conditions as the
29       court may impose, if the court finds that disclosure:
30           (A) Is in the public interest;
31           (B) would not interfere with any prospective law enforcement action;
32           (C) would not reveal the identity of any confidential source or un-
33       dercover agent;
34           (D) would not reveal confidential investigative techniques or proce-
35       dures not known to the general public;
36           (E) would not endanger the life or physical safety of any person; and
37           (F) would not reveal the name, address, phone number or any other
38       information which specifically and individually identifies the victim of any
39       sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-
40       tated, and amendments thereto.
41           (11) Records of agencies involved in administrative adjudication or
42       civil litigation, compiled in the process of detecting or investigating vio-
43       lations of civil law or administrative rules and regulations, if disclosure

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  1       would interfere with a prospective administrative adjudication or civil
  2       litigation or would reveal the identity of a confidential source or under-
  3       cover agent.
  4           (12) Records of emergency or security information or procedures of
  5       a public agency, or plans, drawings, specifications or related information
  6       for any building or facility which is used for purposes requiring security
  7       measures in or around the building or facility or which is used for the
  8       generation or transmission of power, water, fuels or communications, if
  9       disclosure would jeopardize security of the public agency, building or
10       facility.
11           (13) The contents of appraisals or engineering or feasibility estimates
12       or evaluations made by or for a public agency relative to the acquisition
13       of property, prior to the award of formal contracts therefor.
14           (14) Correspondence between a public agency and a private individ-
15       ual, other than correspondence which is intended to give notice of an
16       action, policy or determination relating to any regulatory, supervisory or
17       enforcement responsibility of the public agency or which is widely dis-
18       tributed to the public by a public agency and is not specifically in response
19       to communications from such a private individual.
20           (15) Records pertaining to employer-employee negotiations, if dis-
21       closure would reveal information discussed in a lawful executive session
22       under K.S.A. 75-4319, and amendments thereto.
23           (16) Software programs for electronic data processing and documen-
24       tation thereof, but each public agency shall maintain a register, open to
25       the public, that describes:
26           (A) The information which the agency maintains on computer facil-
27       ities; and
28           (B) the form in which the information can be made available using
29       existing computer programs.
30           (17) Applications, financial statements and other information sub-
31       mitted in connection with applications for student financial assistance
32       where for which financial need is a consideration for the award of finan-
33       cial assistance.
34           (18) Plans, designs, drawings or specifications which are prepared by
35       a person other than an employee of a public agency or records which are
36       the property of a private person.
37           (19) Well samples, logs or surveys which the state corporation com-
38       mission requires to be filed by persons who have drilled or caused to be
39       drilled, or are drilling or causing to be drilled, holes for the purpose of
40       discovery or production of oil or gas, to the extent that disclosure is limited
41       by rules and regulations of the state corporation commission.
42           (20) Notes, preliminary drafts, research data in the process of anal-
43       ysis, unfunded grant proposals, memoranda, recommendations or other

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  1       records in which opinions are expressed or policies or actions are pro-
  2       posed, except that this exemption shall not apply when such records are
  3       publicly cited or identified in an open meeting or in an agenda of an open
  4       meeting.
  5           (21) Records of a public agency having legislative powers, which rec-
  6       ords pertain to proposed legislation or amendments to proposed legisla-
  7       tion, except that this exemption shall not apply when such records are:
  8           (A) Publicly cited or identified in an open meeting or in an agenda
  9       of an open meeting; or
10           (B) distributed to a majority of a quorum of any body which has au-
11       thority to take action or make recommendations to the public agency with
12       regard to the matters to which such records pertain.
13           (22) Records of a public agency having legislative powers, which rec-
14       ords pertain to research prepared for one or more members of such
15       agency, except that this exemption shall not apply when such records are:
16           (A) Publicly cited or identified in an open meeting or in an agenda
17       of an open meeting; or
18           (B) distributed to a majority of a quorum of any body which has au-
19       thority to take action or make recommendations to the public agency with
20       regard to the matters to which such records pertain.
21           (23) Library patron and circulation records which pertain to identi-
22       fiable individuals.
23           (24) Records which are compiled for census or research purposes and
24       which pertain to identifiable individuals.
25           (25) Records which represent and constitute the work product of an
26       attorney.
27           (26) Records of a utility or other public service pertaining to individ-
28       ually identifiable residential customers of the utility or service, except that
29       information concerning billings for specific individual customers named
30       by the requester shall be subject to disclosure as provided by this act.
31           (27) Specifications for competitive bidding, until the specifications
32       are officially approved by the public agency.
33           (28) Sealed bids and related documents, until a bid is accepted or all
34       bids rejected.
35           (29) Correctional records pertaining to an identifiable inmate or re-
36       lease, except that:
37           (A) The name; photograph and other identifying information; sen-
38       tence data; parole eligibility date; custody or supervision level; disciplinary
39       record; supervision violations; conditions of supervision, excluding
40       requirements pertaining to mental health or substance abuse counseling;
41       location of facility where incarcerated or location of parole office main-
42       taining supervision and address of a releasee whose crime was committed
43       after the effective date of this act shall be subject to disclosure to any

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  1       person other than another inmate or releasee, except that the disclosure
  2       of the location of an inmate transferred to another state pursuant to the
  3       interstate corrections compact shall be at the discretion of the secretary
  4       of corrections;
  5           (B) the ombudsman of corrections, the attorney general, law enforce-
  6       ment agencies, counsel for the inmate to whom the record pertains and
  7       any county or district attorney shall have access to correctional records to
  8       the extent otherwise permitted by law;
  9           (C) the information provided to the law enforcement agency pursu-
10       ant to the sex offender registration act, K.S.A. 22-4901, et seq., and
11       amendments thereto, shall be subject to disclosure to any person, except
12       that the name, address, telephone number or any other information which
13       specifically and individually identifies the victim of any offender required
14       to register as provided by the Kansas offender registration act, K.S.A. 22-
15       4901 et seq. and amendments thereto, shall not be disclosed; and
16           (D) records of the department of corrections regarding the financial
17       assets of an offender in the custody of the secretary of corrections shall
18       be subject to disclosure to the victim, or such victim's family, of the crime
19       for which the inmate is in custody as set forth in an order of restitution
20       by the sentencing court.
21           (30) Public records containing information of a personal nature
22       where the public disclosure thereof would constitute a clearly unwar-
23       ranted invasion of personal privacy.
24           (31) Public records pertaining to prospective location of a business
25       or industry where no previous public disclosure has been made of the
26       business' or industry's interest in locating in, relocating within or expand-
27       ing within the state. This exception shall not include those records per-
28       taining to application of agencies for permits or licenses necessary to do
29       business or to expand business operations within this state, except as
30       otherwise provided by law.
31           (32) The bidder's list of contractors who have requested bid proposals
32       for construction projects from any public agency, until a bid is accepted
33       or all bids rejected.
34           (33) Engineering and architectural estimates made by or for any pub-
35       lic agency relative to public improvements.
36           (34) Financial information submitted by contractors in qualification
37       statements to any public agency.
38           (35) Records involved in the obtaining and processing of intellectual
39       property rights that are expected to be, wholly or partially vested, wholly
40       or partially, in or owned by a state educational institution, as defined in
41       K.S.A. 76-711, and amendments thereto, or an assignee of the institution
42       organized and existing for the benefit of the institution.
43           (36) Any report or record which is made pursuant to K.S.A. 65-4922,

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  1       65-4923 or 65-4924, and amendments thereto, and which is privileged
  2       pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.
  3           (37) Information which would reveal the precise location of an ar-
  4       cheological site.
  5           (38) Any financial data or traffic information from a railroad company,
  6       to a public agency, concerning the sale, lease or rehabilitation of the
  7       railroad's property in Kansas.
  8           (39) Risk-based capital reports, risk-based capital plans and corrective
  9       orders including the working papers and the results of any analysis filed
10       with the commissioner of insurance in accordance with K.S.A. 1997 Supp.
11       40-2c20, and amendments thereto.
12           (40) Memoranda and related materials required to be used to support
13       the annual actuarial opinions submitted pursuant to subsection (b) of
14       K.S.A. 40-409, and amendments thereto.
15           (41) Disclosure reports filed with the commissioner of insurance un-
16       der subsection (a) of K.S.A. 1997 Supp. 40-2,156, and amendments
17       thereto.
18           (42) All financial analysis ratios and examination synopses concerning
19       insurance companies that are submitted to the commissioner by the na-
20       tional association of insurance commissioners' insurance regulatory infor-
21       mation system.
22           (43) Any records the disclosure of which is restricted or prohibited
23       by a tribal-state gaming compact.
24           (44) Market research, market plans, business plans and the terms and
25       conditions of managed care or other third party contracts, developed or
26       entered into by the university of Kansas medical center in the operation
27       and management of the university hospital which the chancellor of the
28       university of Kansas or the chancellor's designee determines would give
29       an unfair advantage to competitors of the university of Kansas medical
30       center.
31           (b) Except to the extent disclosure otherwise is otherwise required
32       by law or as appropriate during the course of an administrative proceeding
33       or on appeal from agency action, a public agency or officer shall not
34       disclose financial information of a taxpayer which may be required or
35       requested by a county appraiser or the director of property valuation to
36       assist in the determination of the value of the taxpayer's property for ad
37       valorem taxation purposes; or any financial information of a personal na-
38       ture required or requested by a public agency or officer, including a name,
39       job description or title revealing the salary or other compensation of of-
40       ficers, employees or applicants for employment with a firm, corporation
41       or agency, except a public agency. Nothing contained herein shall be
42       construed to prohibit the publication of statistics, so classified as to pre-
43       vent identification of particular reports or returns and the items thereof.

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  1           (c) As used in this section, the term ``cited or identified'' shall not
  2       include a request to an employee of a public agency that a document be
  3       prepared.
  4           (d) If a public record contains material which is not subject to dis-
  5       closure pursuant to this act, the public agency shall separate or delete
  6       such material and make available to the requester that material in the
  7       public record which is subject to disclosure pursuant to this act. If a public
  8       record is not subject to disclosure because it pertains to an identifiable
  9       individual, the public agency shall delete the identifying portions of the
10       record and make available to the requester any remaining portions which
11       are subject to disclosure pursuant to this act, unless the request is for a
12       record pertaining to a specific individual or to such a limited group of
13       individuals that the individuals' identities are reasonably ascertainable, the
14       public agency shall not be required to disclose those portions of the record
15       which pertain to such individual or individuals.
16           (e) The provisions of this section shall not be construed to exempt
17       from public disclosure statistical information not descriptive of any iden-
18       tifiable person.
19           (f) Notwithstanding the provisions of subsection (a), any public rec-
20       ord which has been in existence more than 70 years shall be open for
21       inspection by any person unless disclosure of the record specifically is
22       specifically prohibited or restricted by federal law, state statute or rule of
23       the Kansas supreme court or by a policy adopted pursuant to K.S.A. 72-
24       6214, and amendments thereto.
25           Sec. 3. K.S.A. 45-220 and K.S.A. 1997 Supp. 45-221 are hereby re-
26       pealed.
27           Sec. 4. This act shall take effect and be in force from and after its
28       publication in the statute book.
29      
30