CHAPTER 126
Senate Substitute for HOUSE BILL No. 2308
An Act concerning the use of names derived from public
records; amending K.S.A. 45-
220, 74-2012 and 74-9304 and repealing the existing sections; also
repealing K.S.A. 21-
3914.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No person shall
knowingly sell, give or receive,
for the purpose of selling or offering for sale any property or
service to
persons listed therein, any list of names and addresses contained
in or
derived from public records except:
(1) Lists of names and addresses from
public records of the division
of vehicles obtained under K.S.A. 74-2012, and amendments
thereto;
(2) lists of names and addresses of
persons licensed, registered or
issued certificates or permits to practice a profession or vocation
may be
sold or given to, and received by, an organization of persons who
practice
that profession or vocation for membership, informational or other
pur-
poses related to the practice of the profession or vocation;
(3) lists of names and addresses of
persons applying for examination
for licenses, registrations, certificates or permits to practice a
profession
or vocation shall be sold or given to, and received by,
organizations pro-
viding professional or vocational educational materials or courses
to such
persons for the sole purpose of providing such persons with
information
relating to the availability of such materials or courses;
(4) lists of names, addresses and other
information from voter reg-
istration lists may be compiled, used, given, received, sold or
purchased
by any person, as defined in K.S.A. 21-3110 and amendments
thereto,
solely for political campaign or election purposes;
(5) lists of names and addresses from the
public records of postse-
condary institutions as defined in K.S.A. 74-3201b, and
amendments
thereto, may be given to, and received and disseminated by such
insti-
tution's separately incorporated affiliates and supporting
organizations,
which qualify under section 501(c)(3) of the federal internal
revenue code
of 1986, for use in the furtherance of the purposes and programs of
such
institutions and such affiliates and supporting organizations;
and
(6) to the extent otherwise authorized by
law.
(b) Any person subject to this section
who knowingly violates the
provisions of this section shall be liable for the payment of a
civil penalty
in an action brought by the attorney general or county or district
attorney
in a sum set by the court not to exceed $500 for each
violation.
(c) The provisions of this section shall
not apply to nor impose any
civil liability or penalty upon any public official, public agency
or records
custodian for granting access to or providing copies of public
records or
information containing names and addresses, in good faith
compliance
with the Kansas open records act, to a person who has made a
written
request for access to such information and has executed a written
certi-
fication pursuant to subsection (c)(2) of K.S.A. 45-220, and
amendments
thereto.
(d) This section shall be a part of and
supplemental to the Kansas
open records act.
Sec. 2. K.S.A. 45-220 is hereby
amended to read as follows: 45-220.
(a) Each public agency shall adopt procedures to be followed in
request-
ing 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
inspec-
tion 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
re-
quester'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
or section 1, and amendments thereto, the agency may require
a person
requesting the records or information therein to provide written
certifi-
cation 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
infor-
mation 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
infor-
mation 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 re-
quired 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 cop-
ies.
(e) Each official custodian of public
records shall designate such per-
sons 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 re-
cords 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 ob-
taining 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).
Sec. 3. K.S.A. 74-2012 is hereby
amended to read as follows: 74-
2012. (a) (1) All motor vehicle records shall be subject to the
provisions
of the open records act, except as otherwise provided under the
provisions
of this section and by K.S.A. 74-2022, and amendments thereto.
(2) For the purpose of this section,
``motor vehicle records'' means
any record that pertains to a motor vehicle drivers license, motor
vehicle
certificate of title, motor vehicle registration or identification
card issued
by the division of vehicles.
(b) All motor vehicle records which: (1)
Relate to the physical or
mental condition of any person; (2) have been expunged; or (3) are
pho-
tographs or digital images maintained in connection with the
issuance of
drivers' licenses shall be confidential and shall not be disclosed
except in
accordance with a proper judicial order or as otherwise more
specifically
provided in this section or by other law. Photographs or digital
images
maintained by the division of vehicles in connection with the
issuance of
drivers' licenses shall be available to criminal justice agencies,
as defined
in K.S.A. 22-4701, and amendments thereto, for use in criminal
investi-
gations or criminal proceedings. Motor vehicle records relating to
diver-
sion agreements for the purposes of K.S.A. 8-1567, 12-4415 and
22-2908,
and amendments thereto, shall be confidential and shall not be
disclosed
except in accordance with a proper judicial order or by direct
computer
access to:
(1) A city, county or district attorney,
for the purpose of determining
a person's eligibility for diversion or to determine the proper
charge for
a violation of K.S.A. 8-1567, and amendments thereto, or any
ordinance
of a city or resolution of a county in this state which prohibits
any acts
prohibited by K.S.A. 8-1567, and amendments thereto;
(2) a municipal or district court, for
the purpose of using the record
in connection with any matter before the court;
(3) a law enforcement agency, for the
purpose of supplying the record
to a person authorized to obtain it under paragraph (1) or (2) of
this
subsection; or
(4) an employer when a person is required
to retain a commercial
driver's license due to the nature of such person's employment.
(c) Lists of persons' names and addresses
contained in or derived
from motor vehicle records shall not be sold, given or received for
the
purposes prohibited by K.S.A. 21-3914 section
1, and amendments
thereto, except that:
(1) The director of vehicles may provide
to a requesting party, and a
requesting party may receive, such a list and accompanying
information
from motor vehicle records upon written certification that the
requesting
party shall use the list solely for the purpose of:
(A) Assisting manufacturers of motor
vehicles in compiling statistical
reports or in notifying owners of vehicles believed to:
(i) Have safety-related defects,
(ii) fail to comply with emission
standards; or
(iii) have any defect to be remedied at
the expense of the manufac-
turer;
(B) assisting an insurer authorized to do
business in this state, or the
insurer's authorized agent, in processing an application for, or
renewal or
cancellation of, a motor vehicle liability insurance policy;
(C) assisting the selective service
system in the maintenance of a list
of persons 18 to 26 years of age in this state as required under
the pro-
visions of section 3 of the federal military selective service
act;
(D) assisting any federal, state or local
agency, including any court or
law enforcement agency, or any private person acting on behalf of
such
agencies in carrying out the functions required of such
governmental
agency, except that such records shall not be redisclosed; or
(E) assisting businesses with the
verification or reporting of infor-
mation derived from the title and registration records of the
division to
prepare and assemble vehicle history reports, except that such
vehicle
history reports shall not include the names or addresses of any
current or
previous owners.
(2) Any law enforcement agency of this
state which has access to
motor vehicle records may furnish to a requesting party, and a
requesting
party may receive, such a list and accompanying information from
such
records upon written certification that the requesting party shall
use the
list solely for the purpose of assisting an insurer authorized to
do business
in this state, or the insurer's authorized agent, in processing an
application
for, or renewal or cancellation of, a motor vehicle liability
insurance pol-
icy.
(d) If a law enforcement agency of this
state furnishes information to
a requesting party pursuant to paragraph (2) of subsection (c), the
law
enforcement agency shall charge the fee prescribed by the secretary
of
revenue pursuant to K.S.A. 74-2022, and amendments thereto, for
any
copies furnished and may charge an additional fee to be retained by
the
law enforcement agency to cover its cost of providing such copies.
The
fee prescribed pursuant to K.S.A. 74-2022, and amendments
thereto,
shall be paid monthly to the secretary of revenue and upon receipt
thereof
shall be deposited in the state treasury to the credit of the
electronic
databases fee fund, except for the $1 of the fee for each record
required
to be credited to the highway patrol training center fund under
subsection
(f).
(e) The secretary of revenue, the
secretary's agents or employees, the
director of vehicles or the director's agents or employees shall
not be
liable for damages caused by any negligent or wrongful act or
omission
of a law enforcement agency in furnishing any information obtained
from
motor vehicle records.
(f) A fee in an amount fixed by the
secretary of revenue pursuant to
K.S.A. 74-2022, and amendments thereto, of not less than $2 for
each
full or partial motor vehicle record shall be charged by the
division, except
that the director may charge a lesser fee pursuant to a contract
between
the secretary of revenue and any person to whom the director is
author-
ized to furnish information under paragraph (1) of subsection (c),
and
such fee shall not be less than the cost of production or
reproduction of
any full or partial motor vehicle record requested. Except for the
fees
charged pursuant to a contract for motor vehicle records authorized
by
this subsection pertaining to motor vehicle titles or motor vehicle
regis-
trations or pursuant to subsection (c)(1)(D), $1 shall be credited
to the
highway patrol training center fund for each motor vehicle record
pro-
vided by the division of vehicles.
(g) The secretary of revenue may adopt
such rules and regulations as
are necessary to implement the provisions of this section.
Sec. 4. K.S.A. 74-9304 is hereby
amended to read as follows: 74-
9304. (a) In order to achieve its purpose as provided in this act,
INK shall:
(1) Serve in an advisory capacity to the
secretary of administration,
division of information services and communications and other state
agen-
cies regarding the provision of state data to the citizens and
businesses
of Kansas;
(2) seek advice from the general public,
its subscribers, professional
associations, academic groups and institutions and individuals with
knowl-
edge of and interest in areas of networking, electronic mail,
public infor-
mation access, gateway services, add-on services and electronic
filing of
information; and
(3) develop charges for the services
provided to subscribers, which
include the actual costs of providing such services.
(b) All state agencies shall cooperate
with INK in providing such as-
sistance as may be requested for the achievement of its purpose.
Agencies
may recover actual costs incurred by providing such assistance.
Services
and information to be provided by any agency shall be specified
pursuant
to contract between INK and such agency and shall comply with
the
provisions of K.S.A. 45-215 et seq. and 21-3914
section 1, and amend-
ments thereto.
Sec. 5. K.S.A. 21-3914, 45-220, 74-2012 and
74-9304 are hereby re-
pealed.
Sec. 6. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 21, 2003.
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