Session of 1998
                   
SENATE BILL No. 496
         
By Joint Committee on Corrections and Juvenile Justice Oversight
         
1-23
            9             AN ACT relating to public records; concerning bids and request for pro-
10             posals; amending K.S.A. 1997 Supp. 45-221 and repealing the existing
11             section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 45-221 is hereby amended to read as
15       follows: 45-221. (a) Except to the extent disclosure is otherwise required
16       by law, a public agency shall not be required to disclose:
17           (1) Records the disclosure of which is specifically prohibited or re-
18       stricted by federal law, state statute or rule of the Kansas supreme court
19       or the disclosure of which is prohibited or restricted pursuant to specific
20       authorization of federal law, state statute or rule of the Kansas supreme
21       court to restrict or prohibit disclosure.
22           (2) Records which are privileged under the rules of evidence, unless
23       the holder of the privilege consents to the disclosure.
24           (3) Medical, psychiatric, psychological or alcoholism or drug depend-
25       ency treatment records which pertain to identifiable patients.
26           (4) Personnel records, performance ratings or individually identifia-
27       ble records pertaining to employees or applicants for employment, except
28       that this exemption shall not apply to the names, positions, salaries and
29       lengths of service of officers and employees of public agencies once they
30       are employed as such.
31           (5) Information which would reveal the identity of any undercover
32       agent or any informant reporting a specific violation of law.
33           (6) Letters of reference or recommendation pertaining to the char-
34       acter or qualifications of an identifiable individual.
35           (7) Library, archive and museum materials contributed by private
36       persons, to the extent of any limitations imposed as conditions of the
37       contribution.
38           (8) Information which would reveal the identity of an individual who
39       lawfully makes a donation to a public agency, if anonymity of the donor
40       is a condition of the donation.
41           (9) Testing and examination materials, before the test or examination
42       is given or if it is to be given again, or records of individual test or ex-
43       amination scores, other than records which show only passage or failure

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  1       and not specific scores.
  2           (10) Criminal investigation records, except that the district court, in
  3       an action brought pursuant to K.S.A. 45-222, and amendments thereto,
  4       may order disclosure of such records, subject to such conditions as the
  5       court may impose, if the court finds that disclosure:
  6           (A) Is in the public interest;
  7           (B) would not interfere with any prospective law enforcement action;
  8           (C) would not reveal the identity of any confidential source or un-
  9       dercover agent;
10           (D) would not reveal confidential investigative techniques or proce-
11       dures not known to the general public;
12           (E) would not endanger the life or physical safety of any person; and
13           (F) would not reveal the name, address, phone number or any other
14       information which specifically and individually identifies the victim of any
15       sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-
16       tated, and amendments thereto.
17           (11) Records of agencies involved in administrative adjudication or
18       civil litigation, compiled in the process of detecting or investigating vio-
19       lations of civil law or administrative rules and regulations, if disclosure
20       would interfere with a prospective administrative adjudication or civil
21       litigation or reveal the identity of a confidential source or undercover
22       agent.
23           (12) Records of emergency or security information or procedures of
24       a public agency, or plans, drawings, specifications or related information
25       for any building or facility which is used for purposes requiring security
26       measures in or around the building or facility or which is used for the
27       generation or transmission of power, water, fuels or communications, if
28       disclosure would jeopardize security of the public agency, building or
29       facility.
30           (13) The contents of appraisals or engineering or feasibility estimates
31       or evaluations made by or for a public agency relative to the acquisition
32       of property, prior to the award of formal contracts therefor.
33           (14) Correspondence between a public agency and a private individ-
34       ual, other than correspondence which is intended to give notice of an
35       action, policy or determination relating to any regulatory, supervisory or
36       enforcement responsibility of the public agency or which is widely dis-
37       tributed to the public by a public agency and is not specifically in response
38       to communications from such a private individual.
39           (15) Records pertaining to employer-employee negotiations, if dis-
40       closure would reveal information discussed in a lawful executive session
41       under K.S.A. 75-4319, and amendments thereto.
42           (16) Software programs for electronic data processing and documen-
43       tation thereof, but each public agency shall maintain a register, open to

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  1       the public, that describes:
  2           (A) The information which the agency maintains on computer facil-
  3       ities; and
  4           (B) the form in which the information can be made available using
  5       existing computer programs.
  6           (17) Applications, financial statements and other information sub-
  7       mitted in connection with applications for student financial assistance
  8       where financial need is a consideration for the award.
  9           (18) Plans, designs, drawings or specifications which are prepared by
10       a person other than an employee of a public agency or records which are
11       the property of a private person.
12           (19) Well samples, logs or surveys which the state corporation com-
13       mission requires to be filed by persons who have drilled or caused to be
14       drilled, or are drilling or causing to be drilled, holes for the purpose of
15       discovery or production of oil or gas, to the extent that disclosure is limited
16       by rules and regulations of the state corporation commission.
17           (20) Notes, preliminary drafts, research data in the process of anal-
18       ysis, unfunded grant proposals, memoranda, recommendations or other
19       records in which opinions are expressed or policies or actions are pro-
20       posed, except that this exemption shall not apply when such records are
21       publicly cited or identified in an open meeting or in an agenda of an open
22       meeting.
23           (21) Records of a public agency having legislative powers, which rec-
24       ords pertain to proposed legislation or amendments to proposed legisla-
25       tion, except that this exemption shall not apply when such records are:
26           (A) Publicly cited or identified in an open meeting or in an agenda
27       of an open meeting; or
28           (B) distributed to a majority of a quorum of any body which has au-
29       thority to take action or make recommendations to the public agency with
30       regard to the matters to which such records pertain.
31           (22) Records of a public agency having legislative powers, which rec-
32       ords pertain to research prepared for one or more members of such
33       agency, except that this exemption shall not apply when such records are:
34           (A) Publicly cited or identified in an open meeting or in an agenda
35       of an open meeting; or
36           (B) distributed to a majority of a quorum of any body which has au-
37       thority to take action or make recommendations to the public agency with
38       regard to the matters to which such records pertain.
39           (23) Library patron and circulation records which pertain to identi-
40       fiable individuals.
41           (24) Records which are compiled for census or research purposes and
42       which pertain to identifiable individuals.
43           (25) Records which represent and constitute the work product of an

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  1       attorney.
  2           (26) Records of a utility or other public service pertaining to individ-
  3       ually identifiable residential customers of the utility or service, except that
  4       information concerning billings for specific individual customers named
  5       by the requester shall be subject to disclosure as provided by this act.
  6           (27) Specifications for competitive bidding, until the specifications
  7       are officially approved by the public agency.
  8           (28) (A) Sealed bids and related documents, until a bid is accepted
  9       or all bids rejected. However, if the bids are not rejected and are not acted
10       upon by the public agency, the public agency shall return to the entity
11       who issued such bid the bid and related documents in its entirety. Any
12       copies of such documents shall also be returned.
13           (B) Responses to request for proposals and related documents, until
14       a contract is executed or all proposals are rejected. However, if the pro-
15       posals are not rejected and are not acted upon by the public agency, the
16       public agency shall return to the entity who issued such response the
17       response to the request for proposals and related documents in its entirety.
18       Any copies of such documents shall also be returned.
19           (29) Correctional records pertaining to an identifiable inmate or re-
20       lease, except that:
21           (A) The name; photograph and other identifying information; sen-
22       tence data; parole eligibility date; custody or supervision level; disciplinary
23       record; supervision violations; conditions of supervision, excluding
24       requirements pertaining to mental health or substance abuse counseling;
25       location of facility where incarcerated or location of parole office main-
26       taining supervision and address of a releasee whose crime was committed
27       after the effective date of this act shall be subject to disclosure to any
28       person other than another inmate or releasee, except that the disclosure
29       of the location of an inmate transferred to another state pursuant to the
30       interstate corrections compact shall be at the discretion of the secretary
31       of corrections;
32           (B) the ombudsman of corrections, the attorney general, law enforce-
33       ment agencies, counsel for the inmate to whom the record pertains and
34       any county or district attorney shall have access to correctional records to
35       the extent otherwise permitted by law;
36           (C) the information provided to the law enforcement agency pursu-
37       ant to the sex offender registration act, K.S.A. 22-4901, et seq., and
38       amendments thereto, shall be subject to disclosure to any person, except
39       that the name, address, telephone number or any other information which
40       specifically and individually identifies the victim of any offender required
41       to register as provided by the Kansas offender registration act, K.S.A. 22-
42       4901 et seq. and amendments thereto, shall not be disclosed; and
43           (D) records of the department of corrections regarding the financial

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  1       assets of an offender in the custody of the secretary of corrections shall
  2       be subject to disclosure to the victim, or such victim's family, of the crime
  3       for which the inmate is in custody as set forth in an order of restitution
  4       by the sentencing court.
  5           (30) Public records containing information of a personal nature
  6       where the public disclosure thereof would constitute a clearly unwar-
  7       ranted invasion of personal privacy.
  8           (31) Public records pertaining to prospective location of a business
  9       or industry where no previous public disclosure has been made of the
10       business' or industry's interest in locating in, relocating within or expand-
11       ing within the state. This exception shall not include those records per-
12       taining to application of agencies for permits or licenses necessary to do
13       business or to expand business operations within this state, except as
14       otherwise provided by law.
15           (32) The bidder's list of contractors who have requested bid proposals
16       for construction projects from any public agency, until a bid is accepted
17       or all bids rejected.
18           (33) Engineering and architectural estimates made by or for any pub-
19       lic agency relative to public improvements.
20           (34) Financial information submitted by contractors in qualification
21       statements to any public agency.
22           (35) Records involved in the obtaining and processing of intellectual
23       property rights that are expected to be, wholly or partially vested in or
24       owned by a state educational institution, as defined in K.S.A. 76-711, and
25       amendments thereto, or an assignee of the institution organized and ex-
26       isting for the benefit of the institution.
27           (36) Any report or record which is made pursuant to K.S.A. 65-4922,
28       65-4923 or 65-4924, and amendments thereto, and which is privileged
29       pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.
30           (37) Information which would reveal the precise location of an ar-
31       cheological site.
32           (38) Any financial data or traffic information from a railroad company,
33       to a public agency, concerning the sale, lease or rehabilitation of the
34       railroad's property in Kansas.
35           (39) Risk-based capital reports, risk-based capital plans and corrective
36       orders including the working papers and the results of any analysis filed
37       with the commissioner of insurance in accordance with K.S.A. 1997 Supp.
38       40-2c20, and amendments thereto.
39           (40) Memoranda and related materials required to be used to support
40       the annual actuarial opinions submitted pursuant to subsection (b) of
41       K.S.A. 40-409, and amendments thereto.
42           (41) Disclosure reports filed with the commissioner of insurance un-
43       der subsection (a) of K.S.A. 1997 Supp. 40-2,156, and amendments

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  1       thereto.
  2           (42) All financial analysis ratios and examination synopses concerning
  3       insurance companies that are submitted to the commissioner by the na-
  4       tional association of insurance commissioners' insurance regulatory infor-
  5       mation system.
  6           (43) Any records the disclosure of which is restricted or prohibited
  7       by a tribal-state gaming compact.
  8           (44) Market research, market plans, business plans and the terms and
  9       conditions of managed care or other third party contracts, developed or
10       entered into by the university of Kansas medical center in the operation
11       and management of the university hospital which the chancellor of the
12       university of Kansas or the chancellor's designee determines would give
13       an unfair advantage to competitors of the university of Kansas medical
14       center.
15           (b) Except to the extent disclosure is otherwise required by law or as
16       appropriate during the course of an administrative proceeding or on ap-
17       peal from agency action, a public agency or officer shall not disclose fi-
18       nancial information of a taxpayer which may be required or requested by
19       a county appraiser or the director of property valuation to assist in the
20       determination of the value of the taxpayer's property for ad valorem tax-
21       ation purposes; or any financial information of a personal nature required
22       or requested by a public agency or officer, including a name, job descrip-
23       tion or title revealing the salary or other compensation of officers, em-
24       ployees or applicants for employment with a firm, corporation or agency,
25       except a public agency. Nothing contained herein shall be construed to
26       prohibit the publication of statistics, so classified as to prevent identifi-
27       cation of particular reports or returns and the items thereof.
28           (c) As used in this section, the term ``cited or identified'' shall not
29       include a request to an employee of a public agency that a document be
30       prepared.
31           (d) If a public record contains material which is not subject to dis-
32       closure pursuant to this act, the public agency shall separate or delete
33       such material and make available to the requester that material in the
34       public record which is subject to disclosure pursuant to this act. If a public
35       record is not subject to disclosure because it pertains to an identifiable
36       individual, the public agency shall delete the identifying portions of the
37       record and make available to the requester any remaining portions which
38       are subject to disclosure pursuant to this act, unless the request is for a
39       record pertaining to a specific individual or to such a limited group of
40       individuals that the individuals' identities are reasonably ascertainable, the
41       public agency shall not be required to disclose those portions of the record
42       which pertain to such individual or individuals.
43           (e) The provisions of this section shall not be construed to exempt

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  1       from public disclosure statistical information not descriptive of any iden-
  2       tifiable person.
  3           (f) Notwithstanding the provisions of subsection (a), any public rec-
  4       ord which has been in existence more than 70 years shall be open for
  5       inspection by any person unless disclosure of the record is specifically
  6       prohibited or restricted by federal law, state statute or rule of the Kansas
  7       supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
  8       amendments thereto.
  9           Sec. 2. K.S.A. 1997 Supp. 45-221 is hereby repealed.
10           Sec. 3. This act shall take effect and be in force from and after its
11       publication in the statute book.
12