Session Law

Identifying Information:L. 2002 ch. 178
Other Identifying Information:2002 House Substitute for Senate Bill 112
Tax Type:All
Brief Description:An Act amending the open records act; amending K.S.A. 2001 Supp. 45-221and repealing the existing section.
Keywords:


Body:

CHAPTER 178

HOUSE Substitute for SENATE BILL No. 112

An Act amending the open records act; amending K.S.A. 2001 Supp. 45-221

and repealing the existing section.


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

Section 1. K.S.A. 2001 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 45-2d20 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.

(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. 2. K.S.A. 2001 Supp. 45-221 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 29, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002