Kansas State Records Management Manual

NOTE: For interpretation of the laws included in this manual, consult your agency legal department or counsel, or contact the Attorney General's Office for assistance.

GOVERNMENT RECORDS PRESERVATION ACT OF 1981 AS AMENDED IN 1988 K.S.A. 

45-401 THROUGH 45-413

This act contains a number of related statutes that, together with the Public Records Act (K.S.A. 75-3501 through 75- 3520), form the basis of Kansas' public policy concerning government records. The Government Records Preservation Act:

• Defines government records. Declares records to be state property and prohibits their unauthorized destruction. 
• Lists duties and responsibilities of the State Records Board. 
• Designates the Historical Society as the official State Archives. 
• Specifies the duties and responsibilities of the State Archivist. 
• Authorizes the State Archivist to access confidential information. 
• Requires state and local agencies to cooperate with the State Records Board and the State Archivist. 
• Exempts legislative and judicial records from State Records Board control. 
• Stipulates the conditions for the destruction of records after microfilming.

45-401 Government Records Policy

45-401. Government records policy

Public policy concerning government records. The legislature declares that state and local government records with enduring value should be stored in conditions which are not adverse to their permanent preservation and should be properly arranged so that appropriate public access to such records is possible. Disposition of noncurrent records which do not merit preservation will promote economy and efficiency in the day-to-day activities of government. Cooperation among agencies at all levels of government is necessary in order to achieve proper preservation of records with enduring value.

History: L. 1981, ch. 331, sec. 1; July 1.

45-402 Definitions

45-402. Definitions.

As used in this act: 

(a) "State agency" means any department, board, commission, or authority of the executive branch of state government. 

(b) "Local agency" means any department, board, commission, officer or authority of a county, city, township, school district or other tax-supported governmental subdivision of the state.

(c) "Board" means the state records board established pursuant to K.S.A. 75-3502 and amendments thereto. 

(d) "Government records" means all volumes, documents, reports, maps, drawings, charts, indexes, plans, memoranda, sound recordings, microfilms, photographic records and other data, information or documentary material, regardless of physical form or characteristics, storage media or condition of use, made or received by an agency in pursuance of law or in connection with the transaction of official business or bearing upon the official activities and functions of any governmental agency. Published material acquired and preserved solely for reference purposes, extra copies of documents preserved only for convenience of reference and stocks of publications, blank forms and duplicated documents are not included within the definition of government records. 

(e) "Noncurrent government records" means all government records which no longer are necessary for the handling of ordinary official public business by the agency and which are not required by law to be retained in the immediate custody of the agency for a longer period of time. 

(f) "Government records with enduring value" means all government records which merit preservation for historical, legal, fiscal or administrative reasons, or for research purposes. 

(g) "Retention and disposition schedules" means lists of series of government records, prepared pursuant to K.S.A. 45-404 and subsections (c) and (d) of K.S.A. 45-406, and amendments thereto, specifying which series of records have enduring value, authorizing disposition of certain other series of records, and indicating how long certain series of records should be retained before disposition of them.

History: L. 1981, ch. 331, sec. 2; L. 1984, ch. 188, sec. 1; July 1. 

45-403 Records are public property

45-403. Government records are public property; destruction prohibited, except as permitted by retention and disposition schedules. 

(a) All government records made or received by and all government records coming into the custody, control or possession of a state or local agency, in the course of its public duties, and all government records deposited in the state archives, shall not be mutilated, destroyed, transferred, removed, damaged or otherwise disposed of, in whole or in part, except as provided by law, or as may be authorized in the retention and disposition schedules. 

(b) Authority for the disposition of records on a continuing basis approved for state agencies by the state records board, or for county officers by the state archivist, prior to adoption of this act shall be null and void, after adoption of the appropriate retention and disposition schedules. 

History: L. 1981, ch. 331, sec. 3; July 1.

45-404 State records board duties 

45-404. Duties of state records board; disposition of county records. The state records board shall: 

(a) Approve or modify retention and disposition schedules and records manuals prepared pursuant to subsections (c) and (d) of K.S.A. 45-406 and amendments thereto. Once approved by the board the retention and disposition schedules for state agencies shall be filed with the secretary of state. Without further action by the board, noncurrent records of state agencies scheduled for disposition may be disposed of as provided in the schedules and noncurrent records scheduled for retention may be transferred to the state archives, subject to approval by the state archivist and in accordance with procedures to be established by the state archivist. 

(b) Pass upon any proposed revisions in the retention and disposition schedules and upon requests for authority to dispose of records of state agencies or counties not listed in the schedules. No records of state agencies or counties shall be disposed of before the retention periods designated in the schedules have elapsed without the approval of the board. No state agency or county shall be required to destroy records which it chooses to retain, even though the retention and disposition schedules authorize their destruction. The retention and disposition schedules for all local agencies except counties shall be recommendations and shall not alter or replace current statutes authorizing or restricting the disposition of government records by local agencies. 

(c) Any board of county commissioners may order disposition of any noncurrent county government records after minimum retention periods set forth in the schedules prepared pursuant to subsection (d) of K.S.A. 45-406 and amendments thereto. Any board of county commissioners may petition the state records board for amendments to the schedules, for authority to depart from specific provisions of the schedules or for authority to implement schedules applicable to only a single county. 

(d) With the approval of the state archivist, the board of county commissioners of any county may transfer any noncurrent county government records to the custody of the state historical society. The board of county commissioners of any county may transfer any noncurrent county government records which have been determined by the state archivist to be records, which are not required by law to be confidential or restricted, to the custody of a county historical society, a genealogical society, a public library, a college or university library or another local or regional repository in Kansas, determined by the state archivist to be suitable, which will accept such records, except that under authority of this subsection no records relating to the mental or physical health of any person shall be so transferred. 

(e) Pass upon recommendations by the state archivist for transfer to the state archives of any noncurrent government records with enduring value which are held by a state agency opposing such a transfer. When the state archivist makes such a recommendation, the state agency opposing the transfer shall defend before the board its reasons for wanting to retain the records in its custody and the board shall determine whether the transfer shall occur. 

(f) Approve or modify recommended microphotographic standards prepared by the state archivist and pass upon requests for authority to dispose of original government records of state agencies following reproduction on film, as provided in K.S.A. 45-412 and amendments thereto.

History: L. 1981, ch. 331, sec. 4; L. 1984, ch. 188, sec. 2; L. 1988, ch. 366, sec. 11; June 1. 

45-405 State archives 

45-405. State archives; transfer of records thereto; discard or disposition of certain materials. 

(a) The state historical society shall serve as the official state archives and shall assist state and local agencies in the preservation of government records with enduring value. 

(b) Any state or local agency may transfer to the state archives any noncurrent government records when directed to do so by the state records board. With the approval of the state archivist, noncurrent legislative and judicial records also may be deposited in the state archives for preservation.

(c) The secretary of state shall not be prevented by K.S.A. 75-402 or 75-408, and amendments thereto, from depositing in the state archives any noncurrent government records accepted by the state archivist. 

(d) The provisions of this act shall not prohibit discarding or otherwise disposing of extraneous, worthless or duplicate material found in government records when processed by the state archives staff. Any records placed in the state archives may be disposed of in any manner approved by the board and the state archivist upon a determination that such records no longer have enduring value. 

History: L. 1981, ch. 331, sec. 5; L. 1984, ch. 188, sec. 3; L. 1992, ch. 29, sec. 1; July 1

K.S.A. 45-406 State archivist's duties

45-406. State archivist's duties. Under the supervision of the secretary of the state historical society, the state archivist shall: 

(a) Seek, negotiate for, acquire and receive noncurrent government records with enduring value from agencies and branches of state government and from local agencies.

(b) Properly arrange, store, preserve and make accessible to the public the records in the state archives, in accordance with appropriate archival procedures and in accordance with the provisions of K.S.A. 45-407 and amendments thereto. Provide advice and assistance to state and local agencies and to branches of state government with regard to proper arrangement, storage, preservation and accessibility of the government records with enduring value remaining in their custody. 

(c) Advise and assist state agencies in the preparation of retention and disposition schedules for government records. 

(d) Prepare, publish and distribute to the appropriate public officers and to other interested persons records manuals containing retention and disposition schedules for government records of local agencies. Recommendations for proper arrangement, storage and preservation of records with enduring value and an analysis of state and federal legislation relevant to government records in Kansas also shall be included in these records manuals. Appropriate public officers of the state and its governmental subdivisions shall be consulted during the preparation of the records manuals. 

(e) Review the contents of the records manuals annually and distribute any revisions which are made to the appropriate public officers. The contents of the records manuals and subsequent revisions shall be approved by the state records board. 

(f) Assist in preparing and making available to the public comprehensive inventories containing general information about the nature, scope, contents and location of government records of the agencies and branches of state government and of local agencies in Kansas. 

(g) Prepare or permit the preparation of copies of government records deposited in the state archives, as required by current statutes, unless public access to the records is restricted as provided in K.S.A. 45-407 and amendments thereto. When certified by the state archivist such copies shall have all the force and effect as if made by the officer originally in custody of them. Reasonable fees may be charged for preparation of such copies. The state archivist shall not allow copies to be made by methods which might damage the original records. 

(h) Exercise such other duties and functions as the secretary of the state historical society may direct or as may be provided by law. 

History: L. 1981, ch. 331, sec. 6; L. 1984, ch. 188, sec. 4, July 1.

45-407 State archives and access restrictions 

45-407. Public access or restriction of records; state archivist access to restricted records; disclosure prohibited; misdemeanor. 

(a) All government records deposited subsequent to adoption of this act in the state archives shall remain subject to any current state or federal statutes, or administrative regulations authorized by statute, which require public access or restrict public access to the records while retained by the state or local agency or the branch of state government making the deposit. The state or local agency or the branch of state government making the deposit may require continued application to government records deposited in the state archives of any discretionary restrictions on public access which are authorized by statute, if such requirements are specified at the time of the deposit. No fees shall be charged for the examination of government records held by the state archives.

(b) Any discretionary restrictions placed on public access to government records deposited in the state archives shall be enforced for periods designated at the time of the deposit which shall not exceed, and preferably will be much less than, 70 years after creation of the records.

(c) The state archivist, or representatives of the state archivist may examine records deposited in the state archives to which public access is restricted by statute or by administrative regulations authorized by statute, to the extent necessary to properly arrange, store and preserve them and provide proper public access. 

(d) Statutes or administrative regulations authorized by statute restricting public access to certain types of records shall not prohibit the state archivist or authorized representatives of the state archivist from examining any government records held by a state or local agency in order to prepare comprehensive inventories containing general information about the nature, scope, contents and location of each record series, or in order to assist in properly arranging, storing and preserving government records with enduring value. No confidential information found in such restricted government records shall be revealed to any person by the state archivist or by representatives of the state archivist. Violation of this subsection shall be punishable as a class B misdemeanor. 

History: L. 1981, ch. 331, sec. 7; July 1.

45-408 State agency cooperation

45-408. State agencies required to cooperate with state records board and state archivist; rules and regulations of board. Each agency of state government shall:

(a) Obtain authority from the state records board before disposing of any government record, unless the disposition is authorized by statute or in the retention and disposition schedules, or unless the record is being deposited in the state archives; obtain authority from the board before disposing of any government record prior to termination of the minimum retention period listed in the retention and disposition schedules. 

(b) Provide storage conditions for all government records with enduring value which are not seriously adverse to their preservation and which will not prevent providing proper public access to the records; adopt reasonable security measures to protect government records from theft or damage. 

(c) Cooperate with efforts by the state archivist or representatives of the state archivist to inspect records and the conditions in which they are stored, to prepare comprehensive inventories of government records, to microfilm noncurrent records with enduring value and to improve the arrangement, storage and physical condition of noncurrent government records with enduring value in accordance with appropriate archival techniques. Agencies shall not be required to provide funds or staff time for these purposes, but they shall give careful consideration to requests and recommendations made by the state archivist. 

(d) Comply with rules and regulations, standards and procedures adopted by the state records board and the state archivist pursuant to the provisions of this act. 

History: L. 1981, ch. 331, sec. 8; July 1.

45-409 Local agency cooperation

45-409. Local agencies to cooperate.

Each local agency shall: 

(a) Give careful consideration to the recommended retention and disposition schedules prepared by the state archivist when considering the disposition of government records and comply with all statutes governing the disposition of government records. 

(b) Cooperate with efforts by the state archivist or representatives of the state archivist to inspect government records and the conditions in which they are stored, to prepare comprehensive inventories of government records, to microfilm noncurrent government records with enduring value and to improve the arrangement, storage and physical condition of noncurrent government records with enduring value in accordance with appropriate archival techniques. Local agencies shall not be required to provide funds or staff time for these purposes, but they shall give careful consideration to requests and recommendations made by the state archivist. 

History: L. 1981, ch. 331, sec. 9; July 1.

45-410 Legislative records

45-410. Legislative records; legislative coordinating council control. 

The state records board shall have no control over the disposition of legislative records. Subject to the approval of the legislative coordinating council, those records with enduring value as determined by the state archivist may be transferred to the state archives. Recommended retention and disposition schedules for legislative records may be prepared by the state archivist. The correspondence and other papers of an individual legislator shall be considered the personal property of the individual legislator.

History: L. 1981, ch. 331, sec. 10; July 1.

45-411 Judicial records

45-411. Judicial records; supreme court rules. 

The state records board shall have no control over the disposition of judicial records. The supreme court shall make appropriate rules regarding the preservation or disposition of state judicial records, including appellate, district and other courts.

History: L. 1981, ch. 331, sec. 11; July 1.

45-412 Micrographics and optical disc standards

45-412. Microphotographic copies of records; original record destruction, when. 

(a) The state archivist shall prepare recommendations, to be approved by the state records board, based on the current standards of the federal government and the American National Standards Institute, for the quality of film or optical disc, proper arrangement of materials, suitable filming techniques and equipment, quality of photographic or optical disc images, film processing results, and film or optical disc storage conditions which should be achieved or utilized by state and local agencies in making microphotographic or optical disc copies of government records with enduring value pursuant to K.S.A. 12-122, 19-250 or 75-3506, and amendments thereto. Whenever microphotographic or optical disc copies of records with enduring value fail to meet the standards recommended by the state archivist and approved by the state records board, the state archivist shall urge state and local agencies to retain the original records. 

(b) Whenever photographs, microphotographs or other reproduction on film or optical disc have been prepared pursuant to K.S.A. 75-3506, and amendments thereto, and have been placed in conveniently accessible files and provisions made for preserving, examining and using the same, and when a negative copy of the film or a master copy of the optical disc has been deposited in a secure place where it will not be subject to use except in making additional positive copies, any state agency, with the approval of the state records board or as authorized by the retention and disposition schedules, may cause the original records from which the photographs, microphotographs or other reproductions on film or optical disc have been made, or any part thereof, to be destroyed. Such records shall not be destroyed and shall be retained by the agency or transferred to the state archives or temporarily to another suitable place designated by the board, if the board judges such materials to have enduring value in their original form. 

(c) Except as provided by subsection (b) of K.S.A. 12-120, whenever photographs, microphotographs or other reproductions on film have been prepared as provided in K.S.A. 12-122 or 19-250, and amendments thereto, and have been placed in conveniently accessible files and provisions made for preserving, examining and using the same, and when a negative copy of the film has been deposited in a secure place where it will not be subject to use except in making additional positive copies, a local agency may retain the original records in its custody at any suitable location, may deposit them in collections established pursuant to K.S.A. 12-1658 and 12-1660, and amendments thereto, or K.S.A. 19-2648 and 19-2649, and amendments thereto, or dispose of the original records as provided in the retention and disposition schedules. If there are no relevant provisions in the retention and disposition schedules, the original records shall be offered to the state historical society prior to other disposition of them. 

(d) The state historical society may prepare and deposit in the state archives a microfilm or other copy of any noncurrent government record which is retained by a state or local agency, unless public access to the record is restricted by statute or by administrative regulation authorized by statute. 

History: L. 1981, ch. 331, sec. 12; L. 1988, ch. 71, sec. 2; July 1. 45-413. 

45-413 Citation of Act

45-413 Citation of Act.  This act shall be known and may be cited as the government records preservation act. 

History: L. 1981, ch. 331, sec. 13; July 1.

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PUBLIC RECORDS ACT OF 1945 AS AMENDED IN 1992 K.S.A. 75-3501 THROUGH 75-3520

This act, which complements and expands the Government Records Preservation Act (K.S.A. 45-401 through 45-413), establishes a policy for the permanent preservation of state and local records with enduring value and provides for the orderly disposition of other records. Specifically, the Public Records Act: 

• Defines records. 
• Creates, establishes the composition, and outlines the general responsibilities of the State Records Board. 
• Requires agency compliance with micrographic and optical disc standards established by the State Records Board. 
• Authorizes the admissibility in court of micrographic and optical disc records. 
• Establishes the State Records Center as the depository for inactive state government records. 
• Provides guidelines for the use of acid-free and permanent paper.

75-3501 Definition of records

75-3501. Records defined. 

For the purposes of this act: "Records" mean all documents, correspondence, original papers, maps, drawings, charts, indexes, plans, memoranda, sound recordings, microfilm, motion-picture or other photographic records, or other materials bearing upon the activities and functions of the department or agency or its officers or employees.

History: L. 1945, ch. 306, sec. 1; L. 1957, ch. 452, sec. 1; April 10.

75-3502 State records board established

75-3502. State records board; members, chairman, secretary.

For the purpose of the permanent preservation of important state records and to provide an orderly method for the disposition of other state records, there is hereby created the state records board, consisting of the attorney general, state librarian, secretary of administration, secretary of the state historical society, or their designated representatives, the state archivist, and such ex officio members as are hereinafter provided. The attorney general shall be the chairman and the state archivist shall be the secretary of the board.

History: L. 1945, ch. 306, sec. 2; L. 1957, ch. 452, sec. 2; L. 1974, ch. 364, sec. 26; Jan. 13, 1975.

75-3502a. Same; attached to Department of Administration.

The state records board created by K.S.A. 75-3502 is hereby attached to the department of administration, and from and after the effective date of this act shall be within the department of administration as a part thereof.

History: L. 1972, ch. 332, sec. 27; July 1.

75-3503 State records board ex officio members

75-3503. Same; ex officio members.

The elective state officer, director, chairman, or other officer, the records of whose department or agency are being considered, or his or her designated representative, and the head of the specific division to which the records under consideration appertain shall be ex officio members of the board.

History: L. 1945, ch. 306, sec. 3; L. 1957, ch. 452, sec. 3; April 10.

75-3504 State records board duties

75-3504. State records board; authority to order disposition of records; establishment of disposal schedules; rules and regulations.

The board shall pass upon the requests of the state departments or other agencies for the destruction or other disposition of records and shall have power to order the destruction, reproduction, temporary or permanent retention, and disposition of the public records of any department or agency of the state, to establish records disposal schedules for the orderly retirement of records, and to adopt such other rules and regulations as they may deem necessary to accomplish the purposes of this act. The disposal schedules shall be filed by the board with the secretary of state. Records so scheduled may be transferred to the state records center at regular intervals, in accordance with procedures to be established by the center, without further action by the board. In all its acts the board shall be specifically required to safeguard the legal, financial and historical interests of the state in such records.

History: L. 1945, ch. 306, sec. 4; L. 1957, ch. 452, sec. 4; L. 1965, ch. 506, sec. 39; L. 1988, ch. 366, sec. 26; June 1.

75-3505. Public officer defined.

As used in this act, the term "public officer" means any officer, board, commission or agency of the state.

History: L. 1945, ch. 331, sec. 1; June 28.

75-3506 Micrographics and optical disc standards

75-3506. Reproduction of records on film or disc. 

Any public officer of the state may cause any or all records, papers or documents kept by him or her to be photographed, microphotographed or reproduced on film or optical disc. Such photographic film or optical disc shall comply with standards recommended by the state archivist and approved by the state records board pursuant to K.S.A. 45-412, and amendments thereto, and the device used to reproduce such records on such film or optical disc shall be one which accurately reproduces the original thereof in all details.

History: L. 1945, ch. 331, sec. 2; L. 1972, ch. 41, sec. 4; L. 1989, ch. 269, sec. 2; L. 1989, ch. 270, sec. 1; July 1.

75-3507 Admissibility of micrographics and optical disc

75-3507. Reproduction of records on film or disc; evidence in courts or administrative agencies.

Such photographs, microphotographs, photographic film or reprinted images from an optical disc shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, exemplification, or certified copy of the original.

History: L. 1945, ch. 331, sec. 3; L. 1989, ch. 269, sec. 3; July 1.

75-3508.

History: L. 1945, ch. 331, sec. 4; L. 1957, ch. 452, sec. 5; Repealed, L. 1981, ch. 331, sec. 14; July 1.

K.S.A. 75-3509 through 75-3511 State records center

75-3509. State records center; purpose; powers and duties of secretary of state historical society.

There is hereby established, under the supervision and control of the state historical society, a state records center which shall serve as a depository for inactive records of state agencies and departments. The secretary of the state historical society shall have authority to obtain a suitable building or buildings to be used as a records center, to employ personnel for the records center staff, and to supervise all operations of the center. No expenditures shall be made under this act or expense incurred except in pursuance of specific appropriations therefor.

History: L. 1957, ch. 459, sec. 1; L. 1959, ch. 341, sec. 1; June 30; L. 1989, ch. 271, sec. 1; July 1.

75-3510. Same; receiving and disposition of records; "ultimate disposition" defined.

In accordance with records retention and disposal schedules established by the state records board in cooperation with the agencies and departments concerned, the records center shall receive, store, and ultimately dispose of, inactive and noncurrent records of state agencies and departments. Ultimate disposition shall be defined as meaning destruction, reproduction followed by destruction, or, if a record shall be determined to have permanent value, transfer to the state archives or to another agency if deemed more appropriate. In cases where the agencies and departments are equipped to provide storage space, or where the transfer of records to the center is not practical for other reasons, such inactive records may be stored elsewhere and disposed of as the records board may direct.

History: L. 1957, ch. 459, sec. 3; April 8. 

75-3511. Same; availability of records in records center. 

Records stored in the records center shall be available promptly when called to for by the originating agencies or departments, but they shall not be used by others except with the approval of the originating department.

History: L. 1957, ch. 459, sec. 3; April 8.

75-3512 to 75-3514. 

History: L. 1959, ch. 207, secs. 1 to 3; Repealed, L. 1973, ch. 186, sec. 42; Jan. 1, 1974.

75-3515 through 75-3516 Real estate transactions

75-3515. Real estate transactions of state agencies; definitions. 

As used in this act, unless the context otherwise requires: 

(a) "Real estate transaction" means to acquire real estate, or any right, title or interest therein, by purchase, grant, gift devise, lease or otherwise or to sell, convey, lease, exchange, transfer or otherwise dispose of real estate, or any right, title or interest therein, but does not include the lease or rental of real estate, or any right, title or interest therein, for a term of five (5) years or less. 

(b) "State agency" means any state office, officer, department, board, commission, institution, bureau or any other state authority, which is authorized by law to engage in any real estate transaction for and in the name of the state of Kansas.

History: L. 1979, ch. 278, sec. 1; July 1.

75-3516. Same; custody of records; recording of transactions; inventory records.

(a) Each state agency shall have the legal custody of all deeds to real estate held or acquired by such state agency for and in the name of the state of Kansas, together with the abstracts of title thereto and the title insurance policies therefor, and of all other original instruments relating to real estate transactions of such state agency. It shall be the duty of each state agency to keep, preserve and file all such deeds, abstracts of title, title insurance policies and other instruments, and all such instruments in the custody of the secretary of state on the effective date of this act shall be and are hereby transferred to the custody of the respective state agencies. 

(b) It shall be the duty of each state agency to record or cause to be recorded all deeds to real estate acquired by it with the register of deeds of the county where the real estate is located and any other instruments relating to its estate transactions provided by law to be recorded. 

(c) The director of accounts and reports shall maintain inventory records of the real property owned by the state, which records shall reflect all real property held and every real estate transaction engaged in by each state agency except the secretary of transportation. Such inventory records shall include, but not be limited to, the acreage, the location by city and county, a brief legal description and the use and purpose of each lot, tract or parcel of land held by a state agency.

History: L. 1979, ch. 248, sec. 2; July 1.

75-3517 Acid-free paper

75-3517. Records and documents to be produced on acid-free paper. 

All records and printed documents created by state agencies shall be produced on acid-free paper having a minimum pH of 7.0, unless use of such paper is infeasible because of excessive costs or inadequate availability of the paper. .

History: L. 1992, ch. 179, sec. 1; July 1

75-3518 Permanent paper

75-3518. Designation of records and documents to be produced on permanent paper; duties of state records board.

The state records board shall designate certain types of records and printed documents produced by state agencies which must be created on paper conforming to the American national standards for permanent paper for printed library materials (ANSI Z39.48-1984). When notified prior to September 1 by the state records board that a designated record series or printed document title shall be produced on permanent paper, the agency responsible for creating the record or document shall comply during the following fiscal year. The customary symbol indicating the use of permanent paper shall be included in such printed documents. 

History: L. 1992, ch. 179, sec. 2; July 1.

K.S.A. 75-3520 Social Security Numbers

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OPEN RECORDS ACT OF 1983 AS AMENDED IN 2005

K.S.A. 45-215 THROUGH 45-240

Enacted by the legislature in 1983, the Kansas Open Records Act guarantees citizens of Kansas access to the majority of records possessed by state government. Under this law records possessed by the government are presumed open unless closed by a specific statute or regulation or a Kansas Open Records Act exemption. This law makes a statement in favor of an open government and embodies the concept that an open government is more responsive to the needs and wishes of its citizens. The statute represents the state's attempt to maintain the delicate balance between protecting the confidentiality of individuals with the public's right to know. The Kansas Open Records Act serves as the foundation for all state agency policies concerning public access to its records. Specifically, the act: 

• Requires that agencies develop policies to provide prompt and convenient public access to government records for a reasonable fee. 
• Describes 47 categories of records that are exempt from disclosure under Kansas Open Records Act provisions. It should be emphasized that state agencies still have the discretion to release some records exempted from disclosure by the Kansas Open Records Act if they deem it to be in the public interest. 
• Provides that records exempted by the Kansas Open Records Act will be open to the public after 70 years unless closed by a specific statute or regulation. 

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, sec. 1; Feb. 9.

K.S.A. 45-216 Open records policy

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 authorize the discard of a public record.

History: L. 1984, ch. 187, sec. 2; Feb 9.

K.S.A. 45-217 Definitions

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 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 © 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 including, but not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system and the investment of moneys of the fund. 

(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. 

(3) "Public record" shall not include records of employers related to the employer's individually identifiable contributions made on behalf of employees for workers compensation, social security, unemployment insurance or retirement. The provisions of this subsection shall not apply to records of employers of lump-sum payments for contributions as described in this subsection paid for any group, division or section of an agency. 

(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, sec. 3; L.1992, ch. 321, sec. 22; L. 1994, ch. 293, sec. 4; July 1.

45-218 Requests for access to records

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 remove 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 a 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, sec. 4; Feb. 9

45-219 Copies of records

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 film, 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 were 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. 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 in 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 established by the agency head. Any person requesting records may appeal the reasonableness of the fees charged for providing access to or furnishing copies of such records to the secretary of administration whose decision shall be final. A fee for copies of public records which is equal to or less than $.25 per page shall be deemed a reasonable fee.

(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 or an appropriate fee fund as determined by the agency head.

(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 shorthand 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, sec. 5; L. 1984, ch. 282, sec. 2; L. 1994, ch. 100, sec. 1; July 1.

45-220 Records request procedures

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 a 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, sec. 6; L. 1984, ch. 282, sec.3; April 26.

45-221 Certain records not required to be open and closed information required; statistics and records over 70 years old 

45-221. Certain records not required to be 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 statue 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 or actual compensation employment contracts or employment-related contracts or agreements 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 informant reporting a specific violation of law. 

(6) Letters of reference or recommendation pertaining to the character or qualifications of an identifiable individual, except documents relating to the appointment of persons to fill a vacancy in an elected office.

(7) Library, archive or 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, except if the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public officer or employee. 

(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 as provided herein.  The district court, in an action brought pursuant to K.S.A. 45-222, may order disclosure of such records, subject 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, criminal investigation or prosecution;

(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; 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 Annotated, and amendments thereto. 

If a public record is discretionarily closed by a public agency pursuant to this subsection, the record custodian, upon request, shall provide a written citation to the specific provisions of paragraphs (A) through (F) that necessitate closure of that public record.

(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) Record 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 therefore. 

(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 the 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 other wise permitted by law; and 

(C) the information provided to the law enforcement agency pursuant to the sex offender registration act, K.S.A. 22-4901, et seq., and amendments thereto, shall be subject to disclosure to any person; 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 unwarranted invasion of personal privacy. 

(31) Public records pertaining to a 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 exemption 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) Engineering and architectural estimates made by or for any public 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, or 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. 

(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 amendment thereto. 

(36) Information which would reveal the precise location of an archeological 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. 1994 Supp. 40-2c20 and amendments thereto. 

(39) Memoranda and related materials required to be used to support the annual actuarial opinions submitted pursuant to subsection (b) of the K.S.A. 40-409, and amendments thereto. 

(40) Disclosure reports filed with the commissioner of insurance under subsection (a) of K.S.A. 1994 Supp. 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 national association of insurance commissioner's insurance regulatory information 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 liability companies, domestic limited partnerships, foreign limited partnerships, domestic limited liability partnerships and foreign limited liability partnerships.

(45) Records of disclosure of which would pose a substantial likelihood of revealing security measures that protects:  (A) Systems, facilities or equipment used in the production, transmission or distribution of energy, water or communications services; or (B) sewer or wastewater treatment 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 kidnapping.

(46) Any information or material received by the register of deeds of a county from military discharge papers (DD Form 214).  Such papers shall be disclosed: To the military dischargee; to such dischargee’s immediate family members and lineal descendants; to such dischragree’s heirs, agents or assigns, to the licensed funeral director who has custody of the body of the deceased dischargee; when required by a department or agency required to perfect the claim of military service or honorable discharge or a claim of a dependent of the dischargee; and upon the written approval of the commissioner of veterans affaires, to a person conducting research.

(47) Information that would reveal the location of a shelter or a safehouse or similar place where persons are provided protection from abuse.

(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 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 disclosure 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.

(g) Any confidential records of information relating to security measures provided or received under the provisions of subsection (a)(45) shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action.

History: L. 1984, ch. 187, sec. 7; L. 1984, ch. 282, sec. 4; L. 1986, ch. 193, sec. 1; L. 1987, ch. 176, sec. 4; L. 1989, ch. 154, sec. 1; L. 1991, ch. 149, sec. 12; L. 1994, ch. 138, sec. 28; L. 1995; ch. 256, sec. 15; L. 1996; L. 2000, ch. 156, sec. 3; July 1; L. 2002, ch. 178, sec. 1; July 1.

45-222 Civil remedies to enforce act

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 shall award attorney fees to the person seeking access to a public record if the court finds that the agency's denial of such person's access 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 shall 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, sec. 8; L. 1984, ch. 282, sec. 6.; L. 1990, ch. 190, sec. 1; July 1; L. 2000, ch. 156, sec. 4; July 1. 45-223. 

History: L. 1984, ch. 187, sec. 8; L. 1984, ch. 282, sec. 6.; L. 1990, ch. 190, sec. 1; July 1; L. 2000, ch. 156, sec. 4; July 1.

45-223 Civil penalties for violations 

45-223. Civil penalties for violations.

(a) Any public agency subject to this act that knowingly violates any of the provisions of this act or that intentionally fails to furnish information as required by this act 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 of not to exceed $500 for each violation. 

(b) Any civil penalty sued for and recovered hereunder by the attorney general shall be paid into the state general fund. Any civil penalty sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county in which the proceedings were instigated. 

History: L. 1984, ch. 187, sec. 9; L. 2000, ch. 156, sec. 5; July 1.

45-224 Continuance of fees and procedures

45-224. Continuation of fees and procedures adopted under prior act.

All fees, schedules of times for making 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, sec. 16; Feb. 9.

45-225 Severability of provisions

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, sec. 13; Feb. 9.

45-226 Local Freedom of Information Officer

45-226. Local Freedom of Information Officer.

1.(a) The governing body of every public agency in Kansas which maintains public records shall designate a local freedom of information officer. 

(b) The local freedom of information officer or the local freedom of information officer's designee shall: 

(1) Prepare and provide educational materials and information concerning the open records act; 

(2) be available to assist the public agency and members of the general public to resolve disputes relating to the open records act; 

(3) respond to inquiries relating to the open records act; 

(4) establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise make available to the public under the open records act. In establishing such requirements for the content of the brochure, the local freedom of information officer shall include plainly written basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting and obtaining a copy of public records under the open records act. 

(c) This section shall be a part of and supplemental to the Kansas open records act. 

History: L. 2000, ch. 156, sec, 1; July 1.

45-227 Brochure concerning public records

45-227. Brochure concerning public records.

(a) An official custodian shall prominently display or distribute or otherwise make available to the public a brochure in the form prescribed by the local freedom of information officer that contains basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting or obtaining a copy of public records under the open records act. The official custodian shall display or distribute or otherwise make available to the public the brochure at one or more places in the administrative offices of the governmental body where it is available to members of the public who request public information in person under this act. 

(b) This section shall be a part of and supplemental to the Kansas open records act. 

History: L. 2000, ch. 156, sec. 2; July 1.

45-228 Investigation of alleged violations; powers

45- 228. Investigation of alleged violations; powers. 

In investigating alleged violations of the Kansas open records act, the attorney general or county or district attorney may: 

(a) Subpoena witnesses, evidence, documents or other material; 

(b) take testimony under oath; 

(c) examine or cause to be examined any documentary material of whatever nature relevant to such alleged violations;

(d) require attendance during such examination of documentary material and take testimony under oath or acknowledgment in respect of any such documentary material; and 

(e) serve interrogatories. 

History: L. 2000, ch. 156, sec. 6; July 1.

45-229 Legislative review of exceptions to disclosure

45-229. Legislative review of exceptions to disclosure.