Courtesy of Fathernet BBS (718) 494-1719 PCBoard 15.0 USR-DS 16.8K Make 1st call *after* 8 PM Eastern because there's immediate calback verification. No handles. Lots of legal stuff. For mail just type "QWK" at the command line. ********************************************** ********************************************** CHAPTER 45. PUBLIC RECORDS, DOCUMENTS AND INFORMATION ARTICLE 2. RECORDS OPEN TO PUBLIC K.S.A. @ 45-215 (1992) 45-215. Title of act. K.S.A. 45-215 through 45-223 shall be known and may be cited as the open records act. HISTORY: L. 1984, ch. 187, @ 1; Feb. 9. NOTES: ATTORNEY GENERAL'S OPINIONS: Records subject to disclosure. 86-101. Open records; abstracts or copies thereof; reasonableness of fees. 87-4. Law enforcement records; jail book, standard offense report, mug shots. 87-25. Breath test machine results log is criminal investigation record; not required to be disclosed to public. 87-63. Unlawful use of names derived from public records. 87-73. Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100. Hospital board member has right of access to personnel file of staff physician or other county hospital employee. 87-109. Prohibited and illegal uses of names and addresses derived from public records. 87-137. Criminal history record information; disclosure of pending charges and scheduled court date. 87-145. Records open to public; correspondence received by members of public bodies. 87-149. County and county officers; open public meetings; attendance at executive sessions. 87-170. Racing commission; licensure; open records act; confidential information. 88-3. Municipal hospitals; open records act; employee names and salaries. 88-61. Open records act; certain laboratory records not required to be open. 88-88. Suspension of driving privileges for DUI; certain violations not public records; liability insurance. 88-100. Identity of persons transported by emergency medical vehicles; physician-patient privilege. 88-101. Letter of notice to attorneys who fail to timely pay registration fee. 88-117. Disclosure of voter registration lists; lists on computers. 88-152. Department of commerce; low-income housing tax credit program. 89-46. Unlawful use of names derived from public records. 89-47. Disclosure of names and addresses of school district employees. 89-106. Personnel records, sheriff's office. 89-107. Certificates of value; disclosure to public. 89-118. Parole board; certain records not required to be open. 89-127. Memoranda from school superintendent to school board. 90-14. Board of education clerk; appointment and duties; custody of records; public records. 90-89. Discretionary disclosure of certain personnel records; state agencies, criminal identification and detection. 90-136. Certain records not open to public; personnel records; invasion of privacy. 91-50. Recordation of death certificates with county register of deeds; open public records. 91-87. Open public records; records compiled on radon testing; records pertaining to identifiable individuals. 91-106. Open public records; ability of state agent to contractually close record not otherwise closed by law; legislative post audit; access to records, limitations. 91-116. Open public records; internal civil investigation of state employee; veterans affairs commission; appointment, powers and duties of executive director; employees. 91-127. Open public records; records obtained by legislative post audit; duty of confidentiality imposed by law; audit work papers. 91-138. Legislative post audit committee to contract with firm or firms to perform financial compliance audits; public records; audit working papers of such contracted private firms. 91-157. Legislative post audit; open public records; duty of confidentiality; mortgage credit certificate program records. 91-158. Expungement; release of records to victim; certain records not required to be open. 92-27. CASE ANNOTATIONS: 1. Provisions of this act not retroactive; due to repeal of 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96, 102, 105 697 P.2d 1279 (1985). 2. Legislative intent considered in reviewing purpose of act; disclosure of criminal investigation records. Harris Enterprises, Inc. v. Moore, 241 K. 59, 60, 62, 63, 734 P.2d 1083 (1987). 3. Cited; nonresidents' purchase of Kansas Turnpike Authority bonds as more than "passive investment activity" by seeking KTA records hereunder examined. Kansas Turnpike Authority v. Wheeler, 243 K. 602, 617, 760 P.2d 1213 (1988). 4. Disclosure of K.B.I. reports to racing license applicants permitted hereunder and 74-8804, subject to provisions of 45-221. Kansas Racing Management, Inc., v. Kansas Racing Comm'n, 244 K. 343, 353, 770 P.2d 423 (1989). 5. Interpretation of act by public employee relations board not entitled to judicial deference; agencies not allowed unregulated discretion to refuse information. State Dept. of SRS v. Public Employee Relations Board, 249 K. 163, 815 P.2d 66 (1991). K.S.A. @ 45-216 (1992) 45-216. Public policy that records be open. (a) It is declared to be the public policy of this state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy. (b) Nothing in this act shall be construed to require the retention of a public record nor to authorize the discard of a public record. HISTORY: L. 1984, ch. 187, @ 2; Feb.9. NOTES: RESEARCH AND PRACTICE AIDS: Records 50 et seq. C.J.S. Records @ 35. LAW REVIEW AND BAR JOURNAL REFERENCES: "Agency Access and Disclosure: Kansas and Federal," David L. Ryan, 56 J.K.B.A. No. 6, 8, 11 (1987). ATTORNEY GENERAL'S OPINIONS: Groundwater management districts; annual meetings of eligible voters; affidavits of eligibility to vote; certain records not required to be open; information of a personal nature; board of directors; qualifications. 85-48. Records open to public; disclosure of coroner's records. 86-5. Records subject to disclosure. 86-43. Public agency defined. 86-48. Open records; abstracts or copies thereof; reasonableness of fees. 87-4. Access to records filed under U.C.C. 87-50. Hospital board member has right of access to personnel file of staff physician or other county hospital employee. 87-109. Prohibited and illegal uses of names and addresses derived from public records. 87-137. Criminal history record information; disclosure of pending charges and scheduled court date. 87-145. Records open to public; correspondence received by members of public bodies. 87-149. Laws, journals and public information; records open to public; registration of attorneys. 87-168. Racing commission; licensure; open records act; confidential information. 88-3. Municipal hospitals; open records act; employee names and salaries. 88-61. Open records act; certain laboratory records not required to be open. 88-88. Identity of persons transported by emergency medical vehicles; physician-patient privilege. 88-101. Letter of notice to attorneys who fail to timely pay registration fee. 88-117. Disclosure of voter registration lists; lists on computers. 88-152. Department of commerce; low-income housing tax credit program. 89-46. Certain records not open to public; personnel records; invasion of privacy. 91-50. Open public records; ability of state agent to contractually close record not otherwise closed by law; legislative post audit; access to records, limitations. 91-116. CASE ANNOTATIONS: 1. Provisions of this act not retroactive; due to repeal of 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96, 102, 105, 697 P.2d 1279 (1985). 2. Legislative intent considered in reviewing purpose of act; disclosure of criminal investigation records. Harris Enterprises, Inc. v. Moore, 241 K. 59, 60, 62, 63, 734 P.2d 1083 (1987). 3. Disclosure of K.B.I. reports to racing license applicants as permissible under 74-8804 and subject to KORA (45-215 et seq.) examined. Kansas Racing Management, Inc. v. Kansa Racing Comm'n, 244 K. 343, 352, 770 P.2d 423 (1989). 4. Disclosure of employee addresses to union as bargaining unit examined; disclosure permitted under facts of case. State Dept. of SRS v. Public Employee Relations Board. 249 K. 163, 167, 815 P.2d 66 (1991). K.S.A. @ 45-217 (1992) 45-217. Definitions. As used in the open records act, unless the context otherwise requires: (a) "Business day" means any day other than a Saturday, Sunday or day designated as a holiday by the congress of the United States, by the legislature or governor of this state or by the respective political subdivision of this state. (b) "Criminal investigation records" means records of an investigatory agency or criminal justice agency as defined by K.S.A. 22-4701 and amendments thereto, compiled in the process of preventing, detecting or investigating violations of criminal law, but does not include police blotter entries, court records, rosters of inmates of jails or other correctional or detention facilities or records pertaining to violations of any traffic law other than vehicular homicide as defined by K.S.A. 21-3405 and amendments thereto. (c) "Custodian" means the official custodian or any person designated by the official custodian to carry out the duties of custodian under this act. (d) "Official custodian" means any officer or employee of a public agency who is responsible for the maintenance of public records, regardless of whether such records are in the officer's or employee's actual personal custody and control. (e) (1) "Public agency" means the state or any political or taxing subdivision of the state, or any office, officer, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by public funds appropriated by the state or by public funds of any political or taxing subdivision of the state. (2) "Public agency" shall not include: (A) Any entity solely by reason of payment from public funds for property, goods or services of such entity; (B) any municipal judge, judge of the district court, judge of the court of appeals or justice of the supreme court; or (C) any officer or employee of the state or a political or taxing subdivision of the state if the state or political or taxing subdivision does not provide the officer or employee with an office which is open to the public at least 35 hours a week. (f) (1) "Public record" means any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency. (2) "Public record" shall not include records which are owned by a private person or entity and are not related to functions, activities, programs or operations funded by public funds or records which are made, maintained or kept by an individual who is a member of the legislature or of the governing body of any political or taxing subdivision of the state. (g) "Undercover agent" means an employee of a public agency responsible for criminal law enforcement who is engaged in the detection or investigation of violations of criminal law in a capacity where such employee's identity or employment by the public agency is secret. HISTORY: L. 1984, ch. 187, @ 3; Feb.9. NOTES: LAW REVIEW AND BAR JOURNAL REFERENCES: "Letting the Sunshine In: An Analysis of the 1984 Kansas Open Records Act," Ted P. Frederickson, 33 K.L.R. 205 (1985). "Hazardous Waste Regulation in the United States a Mind-Numbing Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992). ATTORNEY GENERAL'S OPINIONS: Rosters of inmates not subject to exception for criminal investigation records. 84-124. Automobiles and other vehicles; maximum speed limits; certain violations not matters of public records; disclosure of records. 85-7. Taxation; property valuation, equalization; assessment; records open to public inspection. 85-36. Records open to public; access to city department reports. 85-156. Records open to public; disclosure of coroner's records. 86-5. Records subject to disclosure. 86-43. Public agency defined. 86-48. Records subject to disclosure. 86-101. Code of professional responsibility; privileged communications. 87-23. Law enforcement records; jail book, standard offense report, mug shots. 87-25. Access to records filed under U.C.C. 87-50. Breath test machine results log is criminal investigation record; not required to be disclosed to public. 87-63. Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100. Hospital board member has right of access to personnel file of staff physician or other county hospital employee. 87-109. Prohibited and illegal uses of names and addresses derived from public records. 87-137. Criminal history record information; disclosure of pending charges and scheduled court date. 87-145. Records open to public; correspondence received by members of public bodies. 87-149. Laws, journals and public information; records open to public; registration of attorneys. 87-168. Racing commission; licensure; open records act; confidential information. 88-3. Municipal hospitals; open records act; employee names and salaries. 88-61. Open records act; certain laboratory records not required to be open. 88-88. Identity of persons transported by emergency medical vehicles; physician-patient privilege. 88-101. Letter of notice to attorneys who fail to timely pay registration fee. 88-117. Disclosure of voter registration lists; lists on computers. 88-152. Department of commerce; low-income housing tax credit program. 89-46. Personnel records, sheriff's office. 89-107. Utility or other public service records; revenue department's records on tax exemptions and refunds. 90-20. Board of education clerk; appointment and duties; custody of records; public records. 90-89. Legislative post audit reports; status under Kansas open records act. 90-92. Discretionary disclosure of certain personnel records; state agencies; criminal identification and detection. 90-136. Certain records not open to public; personnel records; invasion of privacy. 91-50. Recordation of death certificates with county register of deeds; open public records. 91-87. Open public records; records compiled on radon testing; records pertaining to identifiable individuals. 91-106. Open public records; ability of state agent to contractually close record not otherwise closed by law; legislative post audit; access to records, limitations. 91-116. Open public records; internal civil investigation of state employee; veterans affairs commission; appointment, powers and duties of executive director; employees. 91-127. Open public records; records obtained by legislative post audit; duty of confidentiality imposed by law; audit work papers. 91-138. Legislative post audit committee to contract with firm or firms to perform financial compliance audits; public records; audit working papers of such contracted private firms. 91-157. Legislative post audit; open public records; duty of confidentiality; mortgage credit certificate program records. 91-158. Expungement; release of records to victim; certain records not required to be open. 92-27. CASE ANNOTATIONS: 1. Disclosure of K.B.I. reports to racing license applicants as permissible under 74-8804 and subject to K.O.R.A. (45-215 et seq.) examined. Kansas Racing Management, Inc., v. Kansas Racing Comm'n, 244 K. 343, 351, 770 P.2d 423 (1989). K.S.A. @ 45-218 (1992) 45-218. Inspection of records; request; response; refusal, when; fees. (a) All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose. No person shall removal original copies of public records from the office of any public agency without the written permission of the custodian of the record. (b) Upon request in accordance with procedures adopted under K.S.A. 45-220, any person may inspect public records during the regular office hours of the public agency and during any additional hours established by the public agency pursuant to K.S.A. 45-220. (c) If the person to whom the request is directed is not the custodian of the public record requested, such person shall so notify the requester and shall furnish the name and location of the custodian of the public record, if known to or readily ascertainable by such person. (d) Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third business day following the date that the request is received. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received. (e) The custodian may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this subsection must be sustained by preponderance of the evidence. (f) A public agency may charge and require advance payment of a fee for providing access to or furnishing copies of public records, subject to K.S.A. 45-219. HISTORY: L. 1984, ch. 187, @ 4; Feb. 9. NOTES: RESEARCH AND PRACTICE AIDS: Records 62. C.J.S. Records @@ 35, 41. LAW REVIEW AND BAR JOURNAL REFERENCES: "Letting the Sunshine In: An Analysis of the 1984 Kansas Open Records Act," Ted P. Frederickson, 33 K.L.R. 205 (1985). "Hazardous Waste Regulation in the United States a Mind-Numbing Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992). ATTORNEY GENERAL'S OPINIONS: Response to information request to KDHE for open record information. 87-86. Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100. Open records act; certain laboratory records not required to be open. 88-88. Open public records; records obtained by legislative post audit; duty of confidentiality imposed by law; audit work papers. 91-138. CASE ANNOTATIONS: 1. Provisions of this act not retroactive; due to repeal of 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96, 102, 105, 697 P.2d 1279 (1985). 2. Disclosure of employee addresses to union as bargaining unit examined; disclosure permitted under facts of case. State Dept. of SRS v. Public Employee Relations Board, 249 K. 163, 167, 815 P.2d 66 (1991). K.S.A. @ 45-219 (1992) 45-219. Abstracts or copies of records; fees. (a) Any person may make abstracts or obtain copies of any public record to which such person has access under this act. If copies are requested, the public agency may require a written request and advance payment of the prescribed fee. A public agency shall not be required to provide copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices, unless such items or devices were shown or played to a public meeting of the governing body thereof, but the public agency shall not be required to provide such items or devices which are copyrighted by a person other than the public agency. (b) Copies of public records shall be made while the records are in the possession, custody and control of the custodian or a person designated by the custodian and shall be made under the supervision of such custodian or person. When practical, copies shall be made in the place where the records are kept. If it is impractical to do so, the custodian shall allow arrangements to be made for use of other facilities. If it is necessary to use other facilities for copying, the cost thereof shall be paid by the person desiring a copy of the records. In addition, the public agency may charge the same fee for the services rendered in supervising the copying as for furnishing copies under subsection (c) and may establish a reasonable schedule of times for making copies at other facilities. (c) Except as provided by subsection (f) or where fees for inspection or for copies of a public record are prescribed by statute, each public agency may prescribe reasonable fees for providing access to or furnishing copies of public records, subject to the following: (1) In the case of fees for copies of records, the fees shall not exceed the actual cost of furnishing copies, including the cost of staff time required to make the information available. (2) In the case of fees for providing access to records maintained on computer facilities, the fees shall include only the cost of any computer services, including staff time required. (3) Fees for access to or copies of public records of public agencies within the legislative branch of the state government shall be established in accordance with K.S.A. 46-1207a and amendments thereto. (4) Fees for access to or copies of public records of public agencies within the judicial branch of the state government shall be established in accordance with rules of the supreme court. (5) Fees for access to or copies of public records of a public agency within the executive branch of the state government shall be subject to approval by the director of accounts and reports. (d) Except as otherwise authorized pursuant to K.S.A. 75-4215 and amendments thereto, each public agency within the executive branch of the state government shall remit all moneys received by or for it from fees charged pursuant to this section to the state treasurer in accordance with K.S.A. 75-4215 and amendments thereto. Unless otherwise specifically provided by law, the state treasurer shall deposit the entire amount thereof in the state treasury and credit the same to the state general fund, except that the cost of charges for the services of the division of computer services may be credited to the fee fund of the agency to defray such cost. (e) Each public agency of a political or taxing subdivision shall remit all moneys received by or for it from fees charged pursuant to this act to the treasurer of such political or taxing subdivision at least monthly. Upon receipt of any such moneys, such treasurer shall deposit the entire amount thereof in the treasury of the political or taxing subdivision and credit the same to the general fund thereof, unless otherwise specifically provided by law. (f) Any person who is a certified short-hand reporter may charge fees for transcripts of such person's notes of judicial or administrative proceedings in accordance with rates established pursuant to rules of the Kansas supreme court. HISTORY: L. 1984, ch. 187, @ 5; L. 1984, ch. 282; @ 2; April 26. NOTES: RESEARCH AND PRACTICE AIDS: Records 15. C.J.S. Records @@ 38, 40. ATTORNEY GENERAL'S OPINIONS: Open records; abstracts or copies thereof; reasonableness of fees. 87-4. Prohibited and illegal uses of names and addresses derived from public records. 87-137. Disclosure of voter registration lists; lists on computers. 88-152. 45-220. Procedures for obtaining access to or copies of records; request; office hours; provision of information on procedures. (a) Each public agency shall adopt procedures to be followed in requesting 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 inspection 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 requester'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, and amendments thereto, the agency may require a person requesting the records or information therein to provide written certification 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 information 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 information 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 required 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 copies. (e) Each official custodian of public records shall designate such persons 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 records 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 obtaining 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). HISTORY: L. 1984, ch. 187, @ 6; L. 1984, ch. 282; @ 3; April 26. NOTES: LAW REVIEW AND BAR JOURNAL REFERENCES: "Agency Access and Disclosure: Kansas and Federal," David L. Ryan, 56 J.K.B.A., No. 6, 8, 11 (1987). ATTORNEY GENERAL'S OPINIONS: Prohibition against commercial use of list of names and addresses from public records. 84-106. Lists of names derived from public records. 86-39. Unlawful use of names derived from public records. 87-73. Prohibited and illegal uses of names and addresses derived from public records. 87-137. Laws, journals and public information; records open to public; registration of attorneys. 87-168. Disclosure of voter registration lists; lists on computers. 88-152. Unlawful use of names derived from public records. 89-47. Board of education clerk; appointment and duties; custody of records; public records. 90-89. CASE ANNOTATIONS: 1. Provisions of this act not retroactive; due to repeal of 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96, 102, 105, 697 P.2d 1279 (1985). 2. Certification pursuant hereto protects agency disclosing information from criminal penalty under 21-3914. State Dept. of SRS v. Public Employee Relations Board, 249 K. 163, 171, 815 P.2d 66 (1991). K.S.A. @ 45-221 (1992) 45-221. Certain records not required to be open; separation of open and closed information required; statistics and records over 70 years old open. (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 restricted 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 dependency treatment records which pertain to identifiable patients. (4) Personnel records, performance ratings or individually identifiable 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 character 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 examination 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 undercover agent; (D) would not reveal confidential investigative techniques or procedures not known to the general public; and (E) would not endanger the life or physical safety of any person. (11) Records of agencies involved in administrative adjudication or civil litigation, compiled in the process of detecting or investigating violations 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 individual, 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 distributed 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 disclosure 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 documentation thereof, but each public agency shall maintain a register, open to the public, that describes: (A) The information which the agency maintains on computer facilities; and (B) the form in which the information can be made available using existing computer programs. (17) Applications, financial statements and other information submitted 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 commission 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 analysis, unfunded grant proposals, memoranda, recommendations or other records in which opinions are expressed or policies or actions are proposed, 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 records pertain to proposed legislation or amendments to proposed legislation, 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 authority 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 records 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 authority 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 identifiable 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 individually 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, except that: (A) The name, sentence data, parole eligibility date, disciplinary record, custody level and location of an inmate shall be subject to disclosure to any person other than another inmate; and (B) the ombudsman of corrections, the corrections ombudsman board, the attorney general, law enforcement 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. (30) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted 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 expanding within the state. This exception shall not include those records pertaining 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) The bidder's list of contractors who have requested bid proposals for construction projects from any public agency, until a bid is accepted or all bids rejected. (33) Engineering and architectural estimates made by or for any public agency relative to public improvements. (34) Financial information submitted by contractors in qualification statements to any public agency. (35) 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 existing for the benefit of the institution. (36) Any report or record which is made pursuant to K.S.A. 1992 Supp. 65-4922, 65-4923 or 65-4924, and amendments thereto, and which is privileged pursuant to K.S.A. 65-4915 or K.S.A. 1992 Supp. 65-4925, and amendments thereto. (37) Information which would reveal the precise location of an archeological site. (38) 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. (b) Except to the extent disclosure is otherwise required by law or as appropriate during the course of an administrative proceeding or on appeal from agency action, a public agency or officer shall not disclose financial information of a taxpayer which may be required or requested by a county appraiser to assist in the determination of the value of the taxpayer's property for ad valorem taxation purposes; or any financial information of a personal nature required or requested by a public agency or officer, including a name, job description or title revealing the salary or other compensation of officers, employees 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 identification 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 disclosure 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 issubject 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 identifiable person. (f) Notwithstanding the provisions of subsection (a), any public record 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. HISTORY: L. 1984, ch. 187, @ 7; L. 1984, ch. 282, @ 4; L. 1986, ch. 193, @ 1; L. 1987, ch. 176, @ 4; L. 1989, ch. 154, @ 1; L. 1991, ch. 149, @ 12; May 30. NOTES: LAW REVIEW AND BAR JOURNAL REFERENCES: "Letting the Sunshine In: An Analysis of the 1984 Kansas Open Records Act," Ted P. Frederickson, 33 K.L.R. 205 (1985). "Agency Access and Disclosure: Kansas and Federal," David L. Ryan, 56 J.K.B.A. No. 6, 8, 11 (1987). "Hazardous Waste Regulation in the United States a Mind-Numbing Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992). ATTORNEY GENERAL'S OPINIONS: Uniform vital statistics act; disclosure of records. 84-101. Rosters of inmates not subject to exception for criminal investigation records. 84-124. Commission on civil rights; confidential nature of investigative files; records received by state archives; confidentiality maintained. 85-2. Automobiles and other vehicles; maximum speed limits; certain violations not matters of public records; disclosure of records. 85-7. Taxation; property valuation, equalization; assessment; records open to public inspection. 85-36. Groundwater management districts; annual meetings of eligible voters; affidavits of eligibility to vote; certain records not required to be open; information of a personal nature; board of directors; qualifications. 85-48. Access of person to records bearing that person's name. 85-105. Records open to public; access to city department reports. 85-156. Records open to public; exceptions to disclosure. 86-1. Records open to public; disclosure of coroner's records. 86-5. Lists of names derived from public records. 86-39. Records subject to disclosure. 86-43. Public agency defined. 86-48. Records subject to disclosure. 86-101. Code of professional responsibility; privileged communications. 87-23. Law enforcement records; jail book, standard offense report, mug shots. 87-25. Access to records filed under U.C.C. 87-50. Breath test machine results log is criminal investigation record; not required to be disclosed to public. 87-63. Unlawful use of names derived from public records. 87-73. Response to information request to KDHE for open record information. 87-86. Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100. Hospital board member has right of access to personnel file of staff physician or other county hospital employee. 87-109. Physician-patient privileged communication; inmates; physician justified in notifying officials when necessary to protect health of other inmates. 87-139. Criminal history record information; disclosure of pending charges and scheduled court date. 87-145. Records open to public; correspondence received by members of public bodies. 87-149. Laws, journals and public information; records open to public; registration of attorneys. 87-168. Racing commission; licensure; open records act; confidential information. 88-3. Municipal hospitals; open records act; employee names and salaries. 88-61. Open records act; certain laboratory records not required to be open. 88-88. Identity of persons transported by emergency medical vehicles; physician-patient privilege. 88-101. Letter of notice to attorneys who fail to timely pay registration fee. 88-117. Disclosure of voter registration lists; lists on computers. 88-152. Department of commerce; low-income housing tax credit program. 89-46. Unlawful use of names derived from public records. 89-47. Personnel records, sheriff's office. 89-107. Utility or other public service records; revenue department's records on tax exemptions and refunds. 90-20. Permanent registration of city, county or township vehicles; ambulances. 90-52. Legislative post audit reports; status under Kansas open records act. 90-92. Discretionary disclosure of certain personnel records; state agencies; criminal identification and detection. 90-136. Certain records not open to public; personnel records; invasion of privacy. 91-50. Recordation of death certificates with county register of deeds; open public records. 91-87. Open public records; records compiled on radon testing; records pertaining to identifiable individuals. 91-106. Open public records; ability of state agent to contractually close record not otherwise closed by law; legislative post audit; access to records, limitations. 91-116. Open public records; internal civil investigation of state employee; veterans affairs commission; appointment, powers and duties of executive director; employees. 91-127. Open public records ; records obtained by legislative post audit; duty of confidentiality imposed by law; audit work papers. 91-138. Property assessments; appraisals and valuations; installation and maintenance of records; open to public inspection. 91-145. Legislative post audit; open public records; duty of confidentiality; mortgage credit certificate program records. 91-158. Expungement ; release of records to victim; certain records not required to be open. 92-27. CASE ANNOTATIONS: 1. Provisions of this act not retroactive; due to repeal of 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96, 102, 105, 697 P.2d 1279 (1985). 2. Basis for disclosure of criminal investigation records considered; legislative intent. Harris Enterprises, Inc. v. Moore, 241 K. 59, 63, 64, 65, 67, 734 P.2d 1083 (1987). 3. Subject to provisions herein, disclosure of K.B.I. reports to racing license applicants permitted under 45-215 et seq. and 74-8804. Kansas Racing Management, Inc. v. Kansas Racing Comm'n, 244 K. 343, 353, 770 P.2d 423 (1989). 4. Disclosure of employee addresses to union as bargaining unit examined; disclosure permitted under facts of case. State Dept. of SRS v. Public Employee Relations Board, 249 K. 163, 167, 815 P.2d 66 (1991). K.S.A. @ 45-222 (1992) 45-222. Civil remedies to enforce act. (a) The district court of any county in which public records are located shall have jurisdiction to enforce the purposes of this act with respect to such records, by injunction, mandamus or other appropriate order, in an action brought by any person, the attorney general or a county or district attorney. (b) In any action hereunder, the court shall determine the matter de novo. The court on its own motion, or on motion of either party, may view the records in controversy in camera before reaching a decision. (c) In any action hereunder, the court may award attorney fees to the plaintiff if the court finds that the agency's denial of access to the public record was not in good faith and without a reasonable basis in fact or law. The award shall be assessed against the public agency that the court determines to be responsible for the violation. (d) In any action hereunder in which the defendant is the prevailing party, the court may award to the defendant attorney fees if the court finds that the plaintiff maintained the action not in good faith and without a reasonable basis in fact or law. (e) Except as otherwise provided by law, proceedings arising under this section shall be assigned for hearing and trial at the earliest practicable date. HISTORY: L. 1984, ch. 187, @ 8; L. 1984, ch. 282, @ 6; L. 1990, ch. 190, @ 1; July 1. NOTES: LAW REVIEW AND BAR JOURNAL REFERENCES: "Agency Access and Disclosure: Kansas and Federal," David L. Ryan, 56 J.K.B.A., No. 6, 8, 11 (1987). "Hazardous Waste Regulation in the United States a Mind-Numbing Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992). ATTORNEY GENERAL'S OPINIONS: Rosters of inmates not subject to exception for criminal investigation records. 84-124. Breath test machine results log is criminal investigation record; not required to be disclosed to public. 87-63. Response to information request to KDHE for open record information. 87-86. Property assessments; appraisals and valuations; installation and maintenance of records; open to public inspection. 91-145. CASE ANNOTATIONS: 1. Provisions of this act not retroactive; due to repeal of 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96, 102, 105, 697 P.2d 1279 (1985). 2. Cited; failure to provide private remedies in Kansas Uniform Trade Practices Act (40-2401 et seq.) implies no private remedy intended. Earth Scientists v. United States Fidelity & Guar., 619 F. Supp. 1465, 1471 (1985). 3. Disclosure of criminal investigation records; in camera inspection by trial court. Harris Enterprises, Inc. v. Moore, 241 K. 59, 67, 734 P.2d 1083 (1987). 4. Act for judicial review and civil enforcement of agency actions (77-601 et seq.) inapplicable to actions governed by KORA. State Dept. of SRS v. Public Employee Relations Board, 249 K. 163, 166, 815 P.2d 66 (1991). K.S.A. @ 45-223 (1992) 45-223. No liability for damages for violation of act. No public agency nor any officer or employee of a public agency shall be liable for damages resulting from the failure to provide access to a public record in violation of this act. HISTORY: L. 1984, ch. 187, @ 9; Feb. 9. 45-224. Continuation of fees and procedures adopted under prior act. All fees, schedules of times for making of copies, hours during which public records may be inspected or copies obtained, procedures for requesting access to or obtaining copies of public records or other policies or procedures which were prescribed or adopted by any public agency pursuant to chapter 171 of the session laws of 1983, insofar as the same are authorized or in accordance with the provisions of this act, shall constitute the fees, schedules, hours and policies or procedures of such public agency for the purposes of this act until changed, modified or revoked by the public agency in accordance with the provisions of this act. HISTORY: L. 1984, ch. 187, @ 16; Feb. 9. K.S.A. @ 45-225 (1992) 45-225. Severability of provisions. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable. HISTORY: L. 1984, ch. 187, @ 13; Feb. 9. NOTES: REVISOR'S NOTE: For sections included in this act, see Comparative Table of Sections in Constitutions Volume. K.S.A. @ 45-301 (1992) 45-301. Enrollment, engrossment and printing of bills, resolutions and other papers of the legislature. (a) All bills and resolutions which shall have been finally passed or adopted by both houses of the legislature shall be enrolled by printing at the state printing plant on parchment paper, and such enrolled bills or resolutions shall be taken and held by the legislature and by each house thereof and by all courts to be the only proper enrolled bill or resolution. Papers other than bills or resolutions shall be enrolled only upon direction of the rules of the legislature or by direction of one or both houses thereof and reference in this act to "other papers" means such