Session of 2000
HOUSE BILL No. 2822 By Committee on Judiciary 2-2

9 AN ACT concerning crimes, punishment and criminal procedure; relat-
10 ing to records compiled by the secretary of corrections; concerning
11 open records; amending K.S.A. 22-3711 and K.S.A. 1999 Supp. 45-
12 221 and repealing the existing sections.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 New Section 1. The secretary of corrections shall compile and main-
16 tain a list of identifiable inmates who are charged with committing a
17 felony while on parole or post-release supervision. Such compiled infor-
18 mation and the list shall be open to inspection by the public and specif-
19 ically is subject to the provisions of the Kansas open records act, K.S.A.
20 45-215 et seq., and amendments thereto, except that the name, address,
21 telephone number, or any other information which specifically and in-
22 dividually identifies the victim or parole officer of the inmate shall not be
23 disclosed except as otherwise provided by law.
24 Sec. 2. K.S.A. 22-3711 is hereby amended to read as follows: 22-
25 3711. Except as provided in section 1, and amendments thereto, the pre-
26 sentence report, the preparole report, the pre-postrelease supervision
27 report and the supervision history, obtained in the discharge of official
28 duty by any member or employee of the Kansas parole board or any
29 employee of the department of corrections, shall be privileged and shall
30 not be disclosed directly or indirectly to anyone other than the parole
31 board, the judge, the attorney general or others entitled to receive the
32 information, except that the parole board, secretary of corrections or
33 court may permit the inspection of the report or parts of it by the de-
34 fendant, inmate, defendant's or inmate's attorney or other person having
35 a proper interest in it, whenever the best interest or welfare of a particular
36 defendant or inmate makes the action desirable or helpful.
37 Sec. 3. K.S.A. 1999 Supp. 45-221 is hereby amended to read as fol-
38 lows: 45-221. (a) Except to the extent disclosure is otherwise required by
39 law, a public agency shall not be required to disclose:
40 (1) Records the disclosure of which is specifically prohibited or re-
41 stricted by federal law, state statute or rule of the Kansas supreme court
42 or the disclosure of which is prohibited or restricted pursuant to specific
43 authorization of federal law, state statute or rule of the Kansas supreme

2
1 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.
11 (5) Information which would reveal the identity of any undercover
12 agent or any informant reporting a specific violation of law.
13 (6) Letters of reference or recommendation pertaining to the char-
14 acter or qualifications of an identifiable individual.
15 (7) Library, archive and museum materials contributed by private
16 persons, to the extent of any limitations imposed as conditions of the
17 contribution.
18 (8) Information which would reveal the identity of an individual who
19 lawfully makes a donation to a public agency, if anonymity of the donor
20 is a condition of the donation.
21 (9) Testing and examination materials, before the test or examination
22 is given or if it is to be given again, or records of individual test or ex-
23 amination scores, other than records which show only passage or failure
24 and not specific scores.
25 (10) Criminal investigation records, except that the district court, in
26 an action brought pursuant to K.S.A. 45-222, and amendments thereto,
27 may order disclosure of such records, subject to such conditions as the
28 court may impose, if the court finds that disclosure:
29 (A) Is in the public interest;
30 (B) would not interfere with any prospective law enforcement action;
31 (C) would not reveal the identity of any confidential source or un-
32 dercover agent;
33 (D) would not reveal confidential investigative techniques or proce-
34 dures not known to the general public;
35 (E) would not endanger the life or physical safety of any person; and
36 (F) would not reveal the name, address, phone number or any other
37 information which specifically and individually identifies the victim of any
38 sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-
39 tated, and amendments thereto.
40 (11) Records of agencies involved in administrative adjudication or
41 civil litigation, compiled in the process of detecting or investigating vio-
42 lations of civil law or administrative rules and regulations, if disclosure
43 would interfere with a prospective administrative adjudication or civil

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

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

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

6
1 owned by a state educational institution, as defined in K.S.A. 76-711, and
2 amendments thereto, or an assignee of the institution organized and ex-
3 isting for the benefit of the institution.
4 (36) Any report or record which is made pursuant to K.S.A. 65-4922,
5 65-4923 or 65-4924, and amendments thereto, and which is privileged
6 pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.
7 (37) Information which would reveal the precise location of an ar-
8 cheological site.
9 (38) Any financial data or traffic information from a railroad company,
10 to a public agency, concerning the sale, lease or rehabilitation of the
11 railroad's property in Kansas.
12 (39) Risk-based capital reports, risk-based capital plans and corrective
13 orders including the working papers and the results of any analysis filed
14 with the commissioner of insurance in accordance with K.S.A. 1999 Supp.
15 40-2c20, and amendments thereto.
16 (40) Memoranda and related materials required to be used to support
17 the annual actuarial opinions submitted pursuant to subsection (b) of
18 K.S.A. 40-409, and amendments thereto.
19 (41) Disclosure reports filed with the commissioner of insurance un-
20 der subsection (a) of K.S.A. 1999 Supp. 40-2,156, and amendments
21 thereto.
22 (42) All financial analysis ratios and examination synopses concerning
23 insurance companies that are submitted to the commissioner by the na-
24 tional association of insurance commissioners' insurance regulatory infor-
25 mation system.
26 (43) Any records the disclosure of which is restricted or prohibited
27 by a tribal-state gaming compact.
28 (44) Market research, market plans, business plans and the terms and
29 conditions of managed care or other third party contracts, developed or
30 entered into by the university of Kansas medical center in the operation
31 and management of the university hospital which the chancellor of the
32 university of Kansas or the chancellor's designee determines would give
33 an unfair advantage to competitors of the university of Kansas medical
34 center.
35 (b) Except to the extent disclosure is otherwise required by law or as
36 appropriate during the course of an administrative proceeding or on ap-
37 peal from agency action, a public agency or officer shall not disclose fi-
38 nancial information of a taxpayer which may be required or requested by
39 a county appraiser or the director of property valuation to assist in the
40 determination of the value of the taxpayer's property for ad valorem tax-
41 ation purposes; or any financial information of a personal nature required
42 or requested by a public agency or officer, including a name, job descrip-
43 tion or title revealing the salary or other compensation of officers, em-

7
1 ployees or applicants for employment with a firm, corporation or agency,
2 except a public agency. Nothing contained herein shall be construed to
3 prohibit the publication of statistics, so classified as to prevent identifi-
4 cation of particular reports or returns and the items thereof.
5 (c) As used in this section, the term "cited or identified" shall not
6 include a request to an employee of a public agency that a document be
7 prepared.
8 (d) If a public record contains material which is not subject to dis-
9 closure pursuant to this act, the public agency shall separate or delete
10 such material and make available to the requester that material in the
11 public record which is subject to disclosure pursuant to this act. If a public
12 record is not subject to disclosure because it pertains to an identifiable
13 individual, the public agency shall delete the identifying portions of the
14 record and make available to the requester any remaining portions which
15 are subject to disclosure pursuant to this act, unless the request is for a
16 record pertaining to a specific individual or to such a limited group of
17 individuals that the individuals' identities are reasonably ascertainable, the
18 public agency shall not be required to disclose those portions of the record
19 which pertain to such individual or individuals.
20 (e) The provisions of this section shall not be construed to exempt
21 from public disclosure statistical information not descriptive of any iden-
22 tifiable person.
23 (f) Notwithstanding the provisions of subsection (a), any public rec-
24 ord which has been in existence more than 70 years shall be open for
25 inspection by any person unless disclosure of the record is specifically
26 prohibited or restricted by federal law, state statute or rule of the Kansas
27 supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
28 amendments thereto.
29 Sec. 4. K.S.A. 22-3711 and K.S.A. 1999 Supp. 45-221 are hereby
30 repealed.
31 Sec. 5. This act shall take effect and be in force from and after its
32 publication in the statute book.