Session Law

Identifying Information:L. 2003 ch. 109
Other Identifying Information:2003 Senate Bill 61
Tax Type:Other
Brief Description:An Act enacting the uniform athlete agents act; amending K.S.A. 2002 Supp. 45-221 and repealing the existing section; also repealing K.S.A. 44-1501, 44-1502, 44-1503, 44-1504, 44-1505, 44-1507, 44-1508, 44-1509, 44-1510, 44-1511, 44-1513, 44-1514 and 44-1515 and K.S.A. 2002 Supp. 44-1506 and 44-1512.
Keywords:


Body:

CHAPTER 109

SENATE BILL No. 61


An Act enacting the uniform athlete agents act; amending K.S.A. 2002 Supp. 45-221 and

repealing the existing section; also repealing K.S.A. 44-1501, 44-1502, 44-1503, 44-1504,

44-1505, 44-1507, 44-1508, 44-1509, 44-1510, 44-1511, 44-1513, 44-1514 and 44-1515


and K.S.A. 2002 Supp. 44-1506 and 44-1512.


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

New Section 1. This act shall be known and may be cited as the

uniform athlete agents act.

New Sec. 2. As used in this act:

(a) ``Agency contract'' means an agreement in which a student-athlete

authorizes a person to negotiate or solicit on behalf of the student-athlete

a professional-sports-services contract or an endorsement contract;

(b) ``athlete agent'' means an individual who enters into an agency

contract with a student-athlete or, directly or indirectly, recruits or solicits

a student-athlete to enter into an agency contract. The term includes an

individual who represents to the public that the individual is an athlete

agent. The term does not include a spouse, parent, sibling or grandparent

of the student-athlete or an individual acting solely on behalf of a pro-

fessional sports team or professional sports organization;

(c) ``athletic director'' means an individual responsible for adminis-

tering the overall athletic program of an educational institution or, if an

educational institution has separately administered athletic programs for

male students and female students, the athletic program for males or the

athletic program for females, as appropriate;

(d) ``contact'' means a communication, direct or indirect, between an

athlete agent and a student-athlete, to recruit or solicit the student-athlete

to enter into an agency contract;

(e) ``endorsement contract'' means an agreement under which a stu-

dent-athlete is employed or receives consideration to use on behalf of the

other party any value that the student-athlete may have because of pub-

licity, reputation, following or fame obtained because of athletic ability

or performance;

(f) ``intercollegiate sport'' means a sport played at the collegiate level

for which eligibility requirements for participation by a student-athlete

are established by a national association for the promotion or regulation

of collegiate athletics;

(g) ``person'' means an individual, corporation, business trust, estate,

trust, partnership, limited liability company, association, joint venture,

government, governmental subdivision, agency or instrumentality, public

corporation or any other legal or commercial entity;

(h) ``professional-sports-services contract'' means an agreement un-

der which an individual is employed, or agrees to render services, as a

player on a professional sports team, with a professional sports organi-

zation or as a professional athlete;

(i) ``record'' means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in

perceivable form;

(j) ``registration'' means registration as an athlete agent pursuant to

this act;

(k) ``state'' means a state of the United States, the District of Colum-

bia, Puerto Rico, the United States Virgin Islands or any territory or in-

sular possession subject to the jurisdiction of the United States; and

(l) ``student-athlete'' means an individual who engages in, is eligible

to engage in or may be eligible in the future to engage in, any intercol-

legiate sport. If an individual is permanently ineligible to participate in a

particular intercollegiate sport, the individual is not a student-athlete for

purposes of that sport.

New Sec. 3. (a) By acting as an athlete agent in this state, a nonres-

ident individual appoints the secretary of state as the individual's agent

for service of process in any civil action in this state related to the indi-

vidual's acting as an athlete agent in this state. Service on the secretary

of state of any process, notice or demand against the athlete agent shall

be made by delivering to the secretary of state by personal service or by

certified mail, the original and two copies of the process and two copies

of the petition, notice or demand, or the clerk of the court may send the

original process and two copies of both the process and the petition,

notice or demand directly to the secretary of state by certified mail. In

the event that any such process, notice or demand is served on the

secretary of state, the secretary shall immediately cause a copy of such

process, notice or demand to be forwarded by certified mail, addressed

to the athlete agent at such athlete agent's address as it appears in the

records of the secretary of state. The secretary of state shall keep a record

of all such processes, notices and demands served upon the secretary

under this subsection, and shall record in the record the time of the

service and the action of the secretary with reference to it. A fee of $40

shall be paid to the secretary of state by the party requesting the service

of process, to cover the cost of such service of process, except the sec-

retary of state may waive the fee for state agencies. That fee shall not be

included within or paid from any deposit as security for any costs or

docket fee required by K.S.A. 60-2001 or K.S.A. 2002 Supp. 61-4001, and

amendments thereto.

(b) The secretary of state may issue subpoenas for any material that

is relevant to the administration of this act. Any such information or ma-

terial received by the secretary shall be treated as confidential by the

secretary and shall not be open to public inspection except by court order.

New Sec. 4. (a) Except as otherwise provided in subsection (b), an

individual may not act as an athlete agent in this state without holding a

certificate of registration as provided under section 6 or 8, and amend-

ments thereto.

(b) Before being issued a certificate of registration, an individual may

act as an athlete agent in this state for all purposes except signing an

agency contract, if: (1) A student-athlete or another person acting on

behalf of the student-athlete initiates communication with the individual;

and

(2) within seven days after an initial act as an athlete agent, the in-

dividual submits an application for registration as an athlete agent in this

state.

(c) An agency contract resulting from conduct in violation of this sec-

tion is void and the athlete agent shall return any consideration received

under the contract.

New Sec. 5. (a) An applicant for registration shall submit an appli-

cation for registration to the secretary of state in a form prescribed by

the secretary of state. The application must be in the name of an individ-

ual and, except as otherwise provided in subsection (b), signed or oth-

erwise authenticated by the applicant under penalty of perjury and state

or contain: (1) The name of the applicant and the address of the appli-

cant's principal place of business;

(2) the name of the applicant's business or employer, if applicable;

(3) any business or occupation engaged in by the applicant for the

five years next preceding the date of submission of the application;

(4) a description of the applicant's: (A) Formal training as an athlete

agent;

(B) practical experience as an athlete agent; and

(C) educational background relating to the applicant's activities as an

athlete agent;

(5) the names and addresses of three individuals not related to the

applicant who are willing to serve as references;

(6) the name, sport and last known team for each individual for whom

the applicant acted as an athlete agent during the five years next preced-

ing the date of submission of the application;

(7) the names and addresses of all persons who are: (A) With respect

to the athlete agent's business if it is not a corporation, the partners,

members, officers, managers, associates or profit-sharers of the business;

and

(B) with respect to a corporation employing the athlete agent, the

officers, directors and any shareholder of the corporation having an in-

terest of 5% or greater;

(8) whether the applicant or any person named pursuant to subsec-

tion (a)(7) has been convicted of a crime that, if committed in this state,

would be a crime involving moral turpitude or a felony, and identify the

crime;

(9) whether there has been any administrative or judicial determi-

nation that the applicant or any person named pursuant to subsection

(a)(7) has made a false, misleading, deceptive or fraudulent representa-

tion;

(10) any instance in which the conduct of the applicant or any person

named pursuant to subsection (a)(7) resulted in the imposition of a sanc-

tion, suspension or declaration of ineligibility to participate in an inter-

scholastic or intercollegiate athletic event on a student-athlete or educa-

tional institution;

(11) any sanction, suspension or disciplinary action taken against the

applicant or any person named pursuant to subsection (a)(7) arising out

of occupational or professional conduct; and

(12) whether there has been any denial of an application for, suspen-

sion or revocation of, or refusal to renew, the registration or licensure of

the applicant or any person named pursuant to subsection (a)(7) as an

athlete agent in any state.

(b) An individual who has submitted an application for, and holds a

certificate of, registration or licensure as an athlete agent in another state,

may submit a copy of the application and certificate in lieu of submitting

an application in the form prescribed pursuant to subsection (a). The

secretary of state shall accept the application and the certificate from the

other state as an application for registration in this state if the application

to the other state: (1) Was submitted in the other state within six months

next preceding the submission of the application in this state and the

applicant certifies that the information contained in the application is

current;

(2) contains information substantially similar to or more comprehen-

sive than that required in an application submitted in this state; and

(3) was signed by the applicant under penalty of perjury.

New Sec. 6. (a) Except as otherwise provided in subsection (b), the

secretary of state shall issue a certificate of registration to an individual

who complies with subsection (a) of section 5, and amendments thereto,

or whose application has been accepted under subsection (b) of section

5, and amendments thereto.

(b) The secretary of state may refuse to issue a certificate of registra-

tion if the secretary of state determines that the applicant has engaged in

conduct that has a significant adverse effect on the applicant's fitness to

act as an athlete agent. In making the determination, the secretary of

state may consider whether the applicant has: (1) Been convicted of a

crime that, if committed in this state, would be a crime involving moral

turpitude or a felony;

(2) made a materially false, misleading, deceptive or fraudulent rep-

resentation in the application or as an athlete agent;

(3) engaged in conduct that would disqualify the applicant from serv-

ing in a fiduciary capacity;

(4) engaged in conduct prohibited by section 14, and amendments

thereto;

(5) had a registration or licensure as an athlete agent suspended, re-

voked or denied or been refused renewal of registration or licensure as

an athlete agent in any state;

(6) engaged in conduct the consequence of which was that a sanction,

suspension or declaration of ineligibility to participate in an interscholastic

or intercollegiate athletic event was imposed on a student-athlete or ed-

ucational institution; or

(7) engaged in conduct that significantly adversely reflects on the ap-

plicant's credibility, honesty or integrity.

(c) In making a determination under subsection (b), the secretary of

state shall consider: (1) How recently the conduct occurred;

(2) the nature of the conduct and the context in which it occurred;

and

(3) any other relevant conduct of the applicant.

(d) An athlete agent may apply to renew a registration by submitting

an application for renewal in a form prescribed by the secretary of state.

The application for renewal must be signed by the applicant under penalty

of perjury and must contain current information on all matters required

in an original registration.

(e) An individual who has submitted an application for renewal of

registration or licensure in another state, in lieu of submitting an appli-

cation for renewal in the form prescribed pursuant to subsection (d), may

file a copy of the application for renewal and a valid certificate of regis-

tration or licensure from the other state. The secretary of state shall ac-

cept the application for renewal from the other state as an application for

renewal in this state if the application to the other state: (1) Was sub-

mitted in the other state within six months next preceding the filing in

this state and the applicant certifies the information contained in the

application for renewal is current;

(2) contains information substantially similar to or more comprehen-

sive than that required in an application for renewal submitted in this

state; and

(3) was signed by the applicant under penalty of perjury.

(f) A certificate of registration or a renewal of a registration is valid

for two years.

New Sec. 7. (a) The secretary of state may suspend, revoke or refuse

to renew a registration for conduct that would have justified denial of

registration under subsection (b) of section 6, and amendments thereto.

(b) The secretary of state may deny, suspend, revoke or refuse to

renew a certificate of registration or licensure only after proper notice

and an opportunity for a hearing pursuant to the Kansas administrative

procedures act.

New Sec. 8. The secretary of state may issue a temporary certificate

of registration while an application for registration or renewal of registra-

tion is pending.

New Sec. 9. An application for registration or renewal of registration

must be accompanied by a fee in the following amount: (1) $500 for an

initial application for registration;

(2) $500 for an application for registration based upon a certificate

of registration or licensure issued by another state;

(3) $500 for an application for renewal of registration; or

(4) $500 for an application for renewal of registration based upon an

application for renewal of registration or licensure submitted in another

state.

New Sec. 10. (a) An agency contract must be in a record, signed or

otherwise authenticated by the parties.

(b) An agency contract must state or contain: (1) The amount and

method of calculating the consideration to be paid by the student-athlete

for services to be provided by the athlete agent under the contract and

any other consideration the athlete agent has received or will receive from

any other source for entering into the contract or for providing the serv-

ices;

(2) the name of any person not listed in the application for registra-

tion or renewal of registration who will be compensated because the stu-

dent-athlete signed the agency contract;

(3) a description of any expenses that the student-athlete agrees to

reimburse;

(4) a description of the services to be provided to the student-athlete;

(5) the duration of the contract; and

(6) the date of execution.

(c) An agency contract must contain, in close proximity to the sig-

nature of the student-athlete, a conspicuous notice in boldface type in

capital letters stating:


WARNING TO STUDENT-ATHLETE

IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS

A STUDENT-ATHLETE IN YOUR SPORT;

(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72

HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH

YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATH-

LETIC DIRECTOR; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS

AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT

MAY NOT REINSTATE YOUR ELIGIBILITY.

(d) An agency contract that does not conform to this section is void-

able by the student-athlete. If a student-athlete voids an agency contract,

the student-athlete is not required to pay any consideration under the

contract or to return any consideration received from the athlete agent

to induce the student-athlete to enter into the contract.

(e) The athlete agent shall give a record of the signed or otherwise

authenticated agency contract to the student-athlete at the time of exe-

cution.

New Sec. 11. (a) Within 72 hours after entering into an agency con-

tract or before the next scheduled athletic event in which the student-

athlete may participate, whichever occurs first, the athlete agent shall give

notice in a record of the existence of the contract to the athletic director

of the educational institution at which the student-athlete is enrolled or

the athlete agent has reasonable grounds to believe the student-athlete

intends to enroll.

(b) Within 72 hours after entering into an agency contract or before

the next athletic event in which the student-athlete may participate,

whichever occurs first, the student-athlete shall inform the athletic direc-

tor of the educational institution at which the student-athlete is enrolled

that the student-athlete has entered into an agency contract.

New Sec. 12. (a) A student-athlete may cancel an agency contract by

giving notice of the cancellation to the athlete agent in a record within

14 days after the contract is signed.

(b) A student-athlete may not waive the right to cancel an agency

contract.

(c) If a student-athlete cancels an agency contract, the student-athlete

is not required to pay any consideration under the contract or to return

any consideration received from the athlete agent to induce the student-

athlete to enter into the contract.

New Sec. 13. (a) An athlete agent shall retain the following records

for a period of five years: (1) The name and address of each individual

represented by the athlete agent;

(2) any agency contract entered into by the athlete agent; and

(3) any direct costs incurred by the athlete agent in the recruitment

or solicitation of a student-athlete to enter into an agency contract.

(b) Records required by subsection (a) to be retained are open to

inspection by the secretary of state during normal business hours.

New Sec. 14. (a) Criminal conduct by an athlete agent is when: (1)

An athlete agent, with the intent to induce a student-athlete to enter into

an agency contract, does any of the following: (A) Gives any materially

false or misleading information or makes a materially false promise or

representation;

(B) furnishes anything of value to a student-athlete before the stu-

dent-athlete enters into the agency contract; or

(C) furnishes anything of value to any individual other than the stu-

dent-athlete or another registered athlete agent; or

(2) an athlete agent intentionally: (A) Initiates contact with a student-

athlete unless registered under this act;

(B) refuses or fails to retain or permit inspection of the records re-

quired to be retained by section 13, and amendments thereto;

(C) fails to register when required by section 4, and amendments

thereto;

(D) provides materially false or misleading information in an appli-

cation for registration or renewal of registration;

(E) predates or postdates an agency contract; or

(F) fails to notify a student-athlete before the student-athlete signs

or otherwise authenticates an agency contract for a particular sport that

the signing or authentication may make the student-athlete ineligible to

participate as a student-athlete in that sport.

(b) Criminal conduct by an athlete agent is a class A nonperson mis-

demeanor.

New Sec. 15. (a) An educational institution has a right of action

against an athlete agent or a former student-athlete for damages caused

by a violation of this act.

(b) Damages of an educational institution under subsection (a) in-

clude losses and expenses incurred because, as a result of the conduct of

an athlete agent or former student-athlete, the educational institution was

injured by a violation of this act or was penalized, disqualified or sus-

pended from participation in athletics by a national association for the

promotion and regulation of athletics, by an athletic conference or by

reasonable self-imposed disciplinary action taken to mitigate sanctions

likely to be imposed by such an organization.

(c) A right of action under this section does not accrue until the ed-

ucational institution discovers or by the exercise of reasonable diligence

would have discovered the violation by the athlete agent or former stu-

dent-athlete.

(d) Any liability of the athlete agent or the former student-athlete

under this section shall be subject to K.S.A. 60-258a, and amendments

thereto.

(e) This act does not restrict rights, remedies or defenses of any per-

son under law or equity.

New Sec. 16. The secretary of state may assess a civil penalty against

an athlete agent not to exceed $25,000 for a violation of this act. A civil

penalty owed under this section may be recovered in a civil action brought

by the attorney general at the request of the secretary.

New Sec. 17. If the secretary of state determines that a violation of

section 14, and amendments thereto has occurred, the secretary shall

refer the case to the attorney general for prosecution. On the determi-

nation of the secretary that a violation of this act is occurring or is threat-

ened, the secretary or the attorney general may bring an action in district

court in Shawnee county to enjoin the violation or threatened violation.

New Sec. 18. There is hereby created in the state treasury the athlete

agent registration fee fund which shall be administered by the secretary

of state. All moneys credited to the athlete agent registration fee fund

shall be used for the expenses incurred for the performance of the duties

and functions of the secretary of state under the uniform athlete agents

act. All expenditures from the athlete agent registration fee fund shall be

made in accordance with the provisions of appropriation acts upon war-

rants of the director of accounts and reports issued pursuant to vouchers

approved by the secretary of state or by a person or persons designated

by the secretary. Fees, civil penalties and other moneys received under

this act by the secretary of state shall be remitted to the state treasurer

in accordance with the provisions of K.S.A. 75-4215, and amendments

thereto. Upon receipt of each such remittance, the state treasurer shall

deposit the entire amount in the state treasury to the credit of the athlete

agent registration fee fund.

New Sec. 19. In applying and construing this act, consideration shall

be given to the need to promote uniformity of the law with respect to

this act's subject matter among states that enact it.

New Sec. 20. The secretary of state is hereby authorized to prom-

ulgate rules and regulations to carry out the provisions of this act.

New Sec. 21. If any provision of this act or its application to any

person or circumstance is held invalid, the invalidity does not affect other

provisions or applications of this act which can be given effect without

the invalid provision or application, and to this end the provisions of this

act are severable.

Sec. 22. K.S.A. 2002 Supp. 45-221 is hereby amended to read as

follows: 45-221. (a) Except to the extent disclosure is otherwise required

by law, a public agency shall not be required to disclose:

(1) Records the disclosure of which is specifically prohibited or re-

stricted by federal law, state statute or rule of the Kansas supreme court

or the disclosure of which is prohibited or restricted pursuant to specific

authorization of federal law, state statute or rule of the Kansas supreme

court to restrict or prohibit disclosure.

(2) Records which are privileged under the rules of evidence, unless

the holder of the privilege consents to the disclosure.

(3) Medical, psychiatric, psychological or alcoholism or drug depend-

ency treatment records which pertain to identifiable patients.

(4) Personnel records, performance ratings or individually identifia-

ble records pertaining to employees or applicants for employment, except

that this exemption shall not apply to the names, positions, salaries and

lengths of service of officers and employees of public agencies once they

are employed as such.

(5) Information which would reveal the identity of any undercover

agent or any informant reporting a specific violation of law.

(6) Letters of reference or recommendation pertaining to the char-

acter or qualifications of an identifiable individual.

(7) Library, archive and museum materials contributed by private

persons, to the extent of any limitations imposed as conditions of the

contribution.

(8) Information which would reveal the identity of an individual who

lawfully makes a donation to a public agency, if anonymity of the donor

is a condition of the donation.

(9) Testing and examination materials, before the test or examination

is given or if it is to be given again, or records of individual test or ex-

amination scores, other than records which show only passage or failure

and not specific scores.

(10) Criminal investigation records, except that the district court, in

an action brought pursuant to K.S.A. 45-222, and amendments thereto,

may order disclosure of such records, subject to such conditions as the

court may impose, if the court finds that disclosure:

(A) Is in the public interest;

(B) would not interfere with any prospective law enforcement action;

(C) would not reveal the identity of any confidential source or un-

dercover agent;

(D) would not reveal confidential investigative techniques or proce-

dures not known to the general public;

(E) would not endanger the life or physical safety of any person; and

(F) would not reveal the name, address, phone number or any other

information which specifically and individually identifies the victim of any

sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-

tated, and amendments thereto.

(11) Records of agencies involved in administrative adjudication or

civil litigation, compiled in the process of detecting or investigating vio-

lations of civil law or administrative rules and regulations, if disclosure

would interfere with a prospective administrative adjudication or civil

litigation or reveal the identity of a confidential source or undercover

agent.

(12) Records of emergency or security information or procedures of

a public agency, or plans, drawings, specifications or related information

for any building or facility which is used for purposes requiring security

measures in or around the building or facility or which is used for the

generation or transmission of power, water, fuels or communications, if

disclosure would jeopardize security of the public agency, building or

facility.

(13) The contents of appraisals or engineering or feasibility estimates

or evaluations made by or for a public agency relative to the acquisition

of property, prior to the award of formal contracts therefor.

(14) Correspondence between a public agency and a private individ-

ual, other than correspondence which is intended to give notice of an

action, policy or determination relating to any regulatory, supervisory or

enforcement responsibility of the public agency or which is widely dis-

tributed to the public by a public agency and is not specifically in response

to communications from such a private individual.

(15) Records pertaining to employer-employee negotiations, if dis-

closure would reveal information discussed in a lawful executive session

under K.S.A. 75-4319, and amendments thereto.

(16) Software programs for electronic data processing and documen-

tation thereof, but each public agency shall maintain a register, open to

the public, that describes:

(A) The information which the agency maintains on computer facil-

ities; and

(B) the form in which the information can be made available using

existing computer programs.

(17) Applications, financial statements and other information sub-

mitted in connection with applications for student financial assistance

where financial need is a consideration for the award.

(18) Plans, designs, drawings or specifications which are prepared by

a person other than an employee of a public agency or records which are

the property of a private person.

(19) Well samples, logs or surveys which the state corporation com-

mission requires to be filed by persons who have drilled or caused to be

drilled, or are drilling or causing to be drilled, holes for the purpose of

discovery or production of oil or gas, to the extent that disclosure is limited

by rules and regulations of the state corporation commission.

(20) Notes, preliminary drafts, research data in the process of anal-

ysis, unfunded grant proposals, memoranda, recommendations or other

records in which opinions are expressed or policies or actions are pro-

posed, except that this exemption shall not apply when such records are

publicly cited or identified in an open meeting or in an agenda of an open

meeting.

(21) Records of a public agency having legislative powers, which re-

cords pertain to proposed legislation or amendments to proposed legis-

lation, except that this exemption shall not apply when such records are:

(A) Publicly cited or identified in an open meeting or in an agenda

of an open meeting; or

(B) distributed to a majority of a quorum of any body which has au-

thority to take action or make recommendations to the public agency with

regard to the matters to which such records pertain.

(22) Records of a public agency having legislative powers, which re-

cords pertain to research prepared for one or more members of such

agency, except that this exemption shall not apply when such records are:

(A) Publicly cited or identified in an open meeting or in an agenda

of an open meeting; or

(B) distributed to a majority of a quorum of any body which has au-

thority to take action or make recommendations to the public agency with

regard to the matters to which such records pertain.

(23) Library patron and circulation records which pertain to identi-

fiable individuals.

(24) Records which are compiled for census or research purposes and

which pertain to identifiable individuals.

(25) Records which represent and constitute the work product of an

attorney.

(26) Records of a utility or other public service pertaining to individ-

ually identifiable residential customers of the utility or service, except that

information concerning billings for specific individual customers named

by the requester shall be subject to disclosure as provided by this act.

(27) Specifications for competitive bidding, until the specifications

are officially approved by the public agency.

(28) Sealed bids and related documents, until a bid is accepted or all

bids rejected.

(29) Correctional records pertaining to an identifiable inmate or re-

lease, except that:

(A) The name; photograph and other identifying information; sen-

tence data; parole eligibility date; custody or supervision level; disciplinary

record; supervision violations; conditions of supervision, excluding

requirements pertaining to mental health or substance abuse counseling;

location of facility where incarcerated or location of parole office main-

taining supervision and address of a releasee whose crime was committed

after the effective date of this act shall be subject to disclosure to any

person other than another inmate or releasee, except that the disclosure

of the location of an inmate transferred to another state pursuant to the

interstate corrections compact shall be at the discretion of the secretary

of corrections;

(B) the ombudsman of corrections, the attorney general, law enforce-

ment agencies, counsel for the inmate to whom the record pertains and

any county or district attorney shall have access to correctional records to

the extent otherwise permitted by law;

(C) the information provided to the law enforcement agency pursu-

ant to the sex offender registration act, K.S.A. 22-4901, et seq., and

amendments thereto, shall be subject to disclosure to any person, except

that the name, address, telephone number or any other information which

specifically and individually identifies the victim of any offender required

to register as provided by the Kansas offender registration act, K.S.A. 22-

4901 et seq. and amendments thereto, shall not be disclosed; and

(D) records of the department of corrections regarding the financial

assets of an offender in the custody of the secretary of corrections shall

be subject to disclosure to the victim, or such victim's family, of the crime

for which the inmate is in custody as set forth in an order of restitution

by the sentencing court.

(30) Public records containing information of a personal nature

where the public disclosure thereof would constitute a clearly unwar-

ranted invasion of personal privacy.

(31) Public records pertaining to prospective location of a business

or industry where no previous public disclosure has been made of the

business' or industry's interest in locating in, relocating within or expand-

ing within the state. This exception shall not include those records per-

taining to application of agencies for permits or licenses necessary to do

business or to expand business operations within this state, except as

otherwise provided by law.

(32) Engineering and architectural estimates made by or for any pub-

lic agency relative to public improvements.

(33) Financial information submitted by contractors in qualification

statements to any public agency.

(34) Records involved in the obtaining and processing of intellectual

property rights that are expected to be, wholly or partially vested in or

owned by a state educational institution, as defined in K.S.A. 76-711, and

amendments thereto, or an assignee of the institution organized and ex-

isting for the benefit of the institution.

(35) Any report or record which is made pursuant to K.S.A. 65-4922,

65-4923 or 65-4924, and amendments thereto, and which is privileged

pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.

(36) Information which would reveal the precise location of an ar-

cheological site.

(37) Any financial data or traffic information from a railroad company,

to a public agency, concerning the sale, lease or rehabilitation of the

railroad's property in Kansas.

(38) Risk-based capital reports, risk-based capital plans and corrective

orders including the working papers and the results of any analysis filed

with the commissioner of insurance in accordance with K.S.A. 40-2c20

and 40-2d20 and amendments thereto.

(39) Memoranda and related materials required to be used to support

the annual actuarial opinions submitted pursuant to subsection (b) of

K.S.A. 40-409, and amendments thereto.

(40) Disclosure reports filed with the commissioner of insurance un-

der subsection (a) of K.S.A. 40-2,156, and amendments thereto.

(41) All financial analysis ratios and examination synopses concerning

insurance companies that are submitted to the commissioner by the na-

tional association of insurance commissioners' insurance regulatory infor-

mation system.

(42) Any records the disclosure of which is restricted or prohibited

by a tribal-state gaming compact.

(43) Market research, market plans, business plans and the terms and

conditions of managed care or other third party contracts, developed or

entered into by the university of Kansas medical center in the operation

and management of the university hospital which the chancellor of the

university of Kansas or the chancellor's designee determines would give

an unfair advantage to competitors of the university of Kansas medical

center.

(44) The amount of franchise tax paid to the secretary of state by

domestic corporations, foreign corporations, domestic limited liability

companies, foreign limited liability companies, domestic limited partner-

ship, foreign limited partnership, domestic limited liability partnerships

and foreign limited liability partnerships.

(45) Records the disclosure of which would pose a substantial likeli-

hood of revealing security measures that protect: (A) Systems, facilities

or equipment used in the production, transmission or distribution of en-

ergy, water or communications services; or (B) sewer or wastewater treat-

ment systems, facilities or equipment. For purposes of this paragraph,

security means measures that protect against criminal acts intended to

intimidate or coerce the civilian population, influence government policy

by intimidation or coercion or to affect the operation of government by

disruption of public services, mass destruction, assassination or kidnap-

ping.

(46) Any information or material received by the secretary of state

pursuant to subsection (b) of section 3, and amendments thereto, except

when such information is required to be submitted in an application pur-

suant to section 5, and amendments thereto.

(b) Except to the extent disclosure is otherwise required by law or as

appropriate during the course of an administrative proceeding or on ap-

peal from agency action, a public agency or officer shall not disclose fi-

nancial information of a taxpayer which may be required or requested by

a county appraiser or the director of property valuation to assist in the

determination of the value of the taxpayer's property for ad valorem tax-

ation purposes; or any financial information of a personal nature required

or requested by a public agency or officer, including a name, job descrip-

tion or title revealing the salary or other compensation of officers, em-

ployees or applicants for employment with a firm, corporation or agency,

except a public agency. Nothing contained herein shall be construed to

prohibit the publication of statistics, so classified as to prevent identifi-

cation of particular reports or returns and the items thereof.

(c) As used in this section, the term ``cited or identified'' shall not

include a request to an employee of a public agency that a document be

prepared.

(d) If a public record contains material which is not subject to dis-

closure pursuant to this act, the public agency shall separate or delete

such material and make available to the requester that material in the

public record which is subject to disclosure pursuant to this act. If a public

record is not subject to disclosure because it pertains to an identifiable

individual, the public agency shall delete the identifying portions of the

record and make available to the requester any remaining portions which

are subject to disclosure pursuant to this act, unless the request is for a

record pertaining to a specific individual or to such a limited group of

individuals that the individuals' identities are reasonably ascertainable, the

public agency shall not be required to disclose those portions of the record

which pertain to such individual or individuals.

(e) The provisions of this section shall not be construed to exempt

from public disclosure statistical information not descriptive of any iden-

tifiable person.

(f) Notwithstanding the provisions of subsection (a), any public rec-

ord which has been in existence more than 70 years shall be open for

inspection by any person unless disclosure of the record is specifically

prohibited or restricted by federal law, state statute or rule of the Kansas

supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and

amendments thereto.

Sec. 23. K.S.A. 44-1501, 44-1502, 44-1503, 44-1504, 44-1505, 44-

1507, 44-1508, 44-1509, 44-1510, 44-1511, 44-1513, 44-1514 and 44-1515

and K.S.A. 2002 Supp. 44-1506, 44-1512 and 45-221 are hereby repealed.

Sec. 24. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003