Be it enacted by the Legislature of the State of Kansas:

New Section 1. The secretary of state, the secretary of revenue and the secretary of human resources may adopt rules and regulations for the purpose of authorizing the electronic filing of reports, certificates or other documents which businesses may be required by law to file with such agencies pursuant to chapters 17, 44 and 56 of the Kansas Statutes An- notated.

Sec. 2. K.S.A. 21-3711 is hereby amended to read as follows: 21- 3711. Making, generating, distributing a false writing information is mak- ing or drawing or causing to be made, generated, distributed or drawn any written instrument electronic data or entry in a book of account with knowledge that such writing information falsely states or represents some material matter or is not what it purports to be, and with intent to defraud or induce official action.

Making a false writing information is a severity level 8, nonperson fel- ony.

New Sec. 3. For an image recognition and information storage sys- tem which is used by an agency to record and store information from records, papers or documents and which complies with standards rec- ommended by the state archivist and approved by the state records board pursuant to K.S.A. 45-412, and amendments thereto, the agency's state- ment of the information shall be deemed to be an original record of the information for all purposes, including introduction into evidence in all courts or administrative agencies.

Sec. 4. K.S.A. 45-412 is hereby amended to read as follows: 45-412. (a) The state archivist shall prepare recommendations, to be approved by the state records board, based on the current standards of the federal government and the American national standards institute, for the quality of film or optical disc, proper arrangement of materials, suitable filming or other image reproduction techniques and equipment, quality of pho- tographic or optical disc images, film processing results, and film or op- tical disc storage conditions which should be achieved or utilized by state and local agencies in making microphotographic or optical disc copies of government records with enduring value pursuant to K.S.A. 12-122, 19- 250 or 75-3506, and amendments thereto, and for information recorded and stored using an image recognition and information storage system. Whenever microphotographic or optical disc copies of records with en- during value fail to meet the standards recommended by the state archi- vist and approved by the state records board, the state archivist shall urge state and local agencies to retain the original records.

(b) Whenever photographs, microphotographs or other reproduc- tions on film or optical disc have been prepared pursuant to K.S.A. 75- 3506, and amendments thereto, and have been placed in conveniently accessible files and provisions made for preserving, examining and using the same, and when a negative copy of the film or a master copy of the optical disc has been deposited in a secure place where it will not be subject to use except in making additional positive copies, any state agency, with the approval of the state records board or as authorized by the retention and disposition schedules, may cause the original records from which the photographs, microphotographs or other reproductions on film or optical disc have been made, or any part thereof, to be de- stroyed. Such records shall not be destroyed and shall be retained by the agency or transferred to the state archives or temporarily to another suit- able place designated by the board, if the board judges such materials to have enduring value in their original form.

(c) Except as provided by subsection (b) of K.S.A. 12-120, and amendments thereto, whenever photographs, microphotographs or other reproductions on film have been prepared as provided in K.S.A. 12-122 or 19-250, and amendments thereto, and have been placed in conven- iently accessible files and provisions made for preserving, examining and using the same, and when a negative copy of the film has been deposited in a secure place where it will not be subject to use except in making additional positive copies, a local agency may retain the original records in its custody at any suitable location, may deposit them in collections established pursuant to K.S.A. 12-1658 and 12-1660, and amendments thereto, or K.S.A. 19-2648 and 19-2649, and amendments thereto, or may dispose of the original records as provided in the retention and disposition schedules. If there are no relevant provisions in the retention and dis- position schedules, the original records shall be offered to the state his- torical society prior to other disposition of them.

(d) The state historical society may prepare and deposit in the state archives a microfilm or other copy of any noncurrent government record which is retained by a state or local agency, unless public access to the record is restricted by statute or by administrative regulation authorized by statute.

Sec. 5. K.S.A. 21-3711 and 45-412 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved April 10, 1996.

Published in the Kansas Register: April 18, 1996.