Session Law

Identifying Information:L. 2003 ch. 126
Other Identifying Information:2003 Senate Substitute for House Bill 2308
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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, 2002.


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