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Records Management and the Law

Introduction

Effective records management requires knowledge of all legislation affecting agency record keeping responsibilities. Awareness of the state and federal statutes and regulations pertaining to records management ensures compliance with applicable laws.

This section of the manual includes the state statutes and administrative regulations that agencies encounter most often during the course of business. Three major laws govern the creation, use, and disposition of state government records:

  • Government Records Preservation Act (K.S.A. 45-401 through 45-413)
  • Public Records Act (K.S.A. 75-3501 through K.S.A. 75-3518)
  • Open Records Act (K.S.A. 45-215 through K.S.A. 45-229)

In addition to the three principal records laws, specific records management references are scattered throughout Kansas Statutes Annotated (K.S.A.) and Kansas Administrative Regulations (K.A.R.). The entire text of government records related statutes and regulations is cited for convenience of reference. There are some agencies which must comply with legislation specific to their mission and statutory authority. Consult your agency legal department or legal counsel at the Attorney General's Office about these laws and how they affect the management of records.

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- 3518), 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
 
K.S.A. 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.
 
PUBLIC RECORDS ACT OF 1945 AS AMENDED IN 1992 K.S.A. 75-3501 THROUGH 75-3518 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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
   
K.S.A. 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.
   
OPEN RECORDS ACT OF 1983 AS AMENDED IN 2000

K.S.A. 45-215 THROUGH 45-229

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 43 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.
   
K.S.A. 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
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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 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.

(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.

(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, 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;

(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.

(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 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 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 stae by domestic coporations, foreign coporations, domestic limited liability companies, foreign limited liability companies, domestic limited liability companies, domestic limited parterships, foreign limited partnerships, domestic limited liability parterships and foregn 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) sewere or wastewater treatment systems, facilites 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 ot affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping.

(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.

  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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 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.
K.S.A. 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.
   
K.S.A. 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.
   
K.S.A. 45-229 Legislative review of exceptions to disclosure 45-229. Legislative review of exceptions to disclosure.
  (a) It is the intent of the legislature that exceptions to disclosure under the open records act shall be created or maintained only if:

(1) The public record is of a sensitive or personal nature concerning individuals;

(2) the public record is necessary for the effective and efficient ad- ministration of a governmental program; or

(3) the public record affects confidential information. The maintenance or creation of an exception to disclosure must be compelled as measured by these criteria. Further, the legislature finds that the public has a right to have access to public records unless the criteria in this section for restricting such access to a public record are met and the criteria are considered during legislative review in connection with the particular exception to disclosure to be significant enough to override the strong public policy of open government. To strengthen the policy of open government, the legislature shall consider the criteria in this section before enacting an exception to disclosure.

(b) All exceptions to disclosure in existence on July 1, 2000, shall expire on July 1, 2005, and any new exception to disclosure or substantial amendment of an existing exception shall expire on July 1 of the fifth year after enactment of the new exception or substantial amendment, unless the legislature acts to reenact the exception. A law that enacts a new exception or substantially amends an existing exception shall state that the exception expires at the end of five years and that the exception shall be reviewed by the legislature before the scheduled date.

(c) For purposes of this section, an exception is substantially amended if the amendment expands the scope of the exception to include more records or information. An exception is not substantially amended if the amendment narrows the scope of the exception.

(d) This section is not intended to repeal an exception that has been amended following legislative review before the scheduled repeal of the exception if the exception is not substantially amended as a result of the review.

(e) In the year before the expiration of an exception, the revisor of statutes shall certify to the president of the senate and the speaker of the house of representatives, by June 1, the language and statutory citation of each exception which will expire in the following year which meets the criteria of an exception as defined in this section. Any exception that is not identified and certified to the president of the senate and the speaker of the house of representatives is not subject to legislative review and shall not expire. If the revisor of statutes fails to certify an exception that the revisor subsequently determines should have been certified, the re- visor shall include the exception in the following year's certification after that determination.

(f) "Exception" means any provision of law which creates an exception to disclosure or limits disclosure under the open records act pursuant to K.S.A. 45-221, and amendments thereto, or pursuant to any other provision of law.

(g) A provision of law which creates or amends an exception to dis- closure under the open records law shall not be subject to review and expiration under this act if such provision: (1) Is required by federal law; (2) applies solely to the legislature or to the state court system.

(h) (1) The legislature shall review the exception before its scheduled expiration and consider as part of the review process the following: (A) What specific records are affected by the exception; (B) whom does the exception uniquely affect, as opposed to the general public; (C) what is the identifiable public purpose or goal of the exception; (D) whether the information contained in the records may be obtained readily by alternative means and how it may be obtained;

(2) An exception may be created or maintained only if it serves an identifiable public purpose and may be no broader than is necessary to meet the public purpose it serves. An identifiable public purpose is served if the legislature finds that the purpose is sufficiently compelling to over- ride the strong public policy of open government and cannot be accomplished without the exception and if the exception:

(A) Allows the effective and efficient administration of a govern- mental program, which administration would be significantly impaired without the exception;

(B) protects information of a sensitive personal nature concerning individuals, the release of which information would be defamatory to such individuals or cause unwarranted damage to the good name or reputation of such individuals or would jeopardize the safety of such individuals. Only information that would identify the individuals may be excepted under this paragraph; or

(C) protects information of a confidential nature concerning entities, including, but not limited to, a formula, pattern, device, combination of devices, or compilation of information which is used to protect or further a business advantage over those who do not know or use it, the disclosure of which information would injure the affected entity in the marketplace.

(3) Records made before the date of the expiration of an exception shall be subject to disclosure as otherwise provided by law. In deciding whether the records shall be made public, the legislature shall consider whether the damage or loss to persons or entities uniquely affected by the exception of the type specified in paragraph (2)(B) or (2)(C) of this subsection (h) would occur if the records were made public.

  History: L. 2000, ch. 156, sec. 1; July 1.
   
ELECTRONIC MEDIA K.S.A. 45-501 45-501. Records made on electronically accessed media; authorization; conditions and procedures, application; notice to state records board.
  (a) Whenever any state agency or local agency is required by law to make a record or to record any transaction or any instrument, paper or document, the making of such record on computer disk, tape or other electronically accessed media, in accordance with this section, shall be deemed to be recording or the making of the record as required by law.

(b) When any such records are made on computer disks, tapes or other electronically accessed media under this section, such records shall be maintained and adequate provisions shall be made for their preservation, examination and availability for ready use by those persons lawfully entitled to view them through the use of computer terminal displays, computer printouts, other computer-generated displays or other suitable facilities which may be made available at one or more locations designated by the state agency or local agency therefor. The capability to produce a computer printout or other printed version of such records stored on computer disks, tapes or other electronically accessed media shall be maintained by the state agency or local agency at all times so that such a printed copy of such records may be made available to persons lawfully entitled to view the records, subject to any applicable fees for such printed copies, from one or more locations designated by the state agency or local agency therefor. Each computer or other electronically accessed media system used to make records under this section shall include adequate security procedures and other provisions for a permanent record of all persons who have access to and make, amend or delete any records or other data in such system.

(c) No state agency or local agency which records or stores information on computer disks, tapes or other electronically accessed media shall be required to satisfy the standards and procedures imposed under this section, unless such records and information are records required by law and such records are not also made or maintained in another manner required or permitted by law. Each state agency or local agency which makes records or stores information on computer tapes, disks or other electronically accessed media in accordance with this section and which does not keep such records or information in another manner shall give written notice to the state records board thereof and shall identify all such records and information in such notice.

(d) As used in this section, the words and phrases set out in K.S.A. 45-402 and amendments thereto have the meanings ascribed to them in that section, unless the context requires a different meaning.

(e) This section shall be supplemental to existing statutes.

  History: L. 1985, ch. 96, sec. 1; July 1.
   
STANDARD SIZE PAPER K.S.A. 45-502 45-502. Use of standard size paper for documents filed with state agencies and courts.
  (a) All state agencies and all courts of this state shall permit the filing of documents and pleadings, which are required, authorized or permitted by law, on standard size forms or paper and shall not require the filing of documents and pleadings on legal size forms or paper.

(b) On and after July 1, 1990, subject to the other provisions of this section, all documents and pleadings which are required, authorized or permitted by law to be filed with a state agency or a court of this state shall be filed on standard size forms or paper and legal size forms and paper shall not be used for that purpose.

(c) This section does not prohibit the use or filing of:

(1) Forms larger than standard size, if the forms are to be used for maintenance of accounting or bookkeeping records, for preparation of architectural or engineering drafts or documents, or for preparation of maps, graphs, charts or artwork;

(2) fan-fold paper designed for use in computer peripheral devises and forms, bond paper or legal pads which are perforated or otherwise designed to produce complete documents not larger than standard size;

(3) public records smaller than standard size, computer generated printouts, output from test measurements and diagnostic equipment, machine generated paper tapes, charts, graphs, tables, maps, diplomas, artwork and public records otherwise required to be nonstandard size or exempt by law;

(4) documents or pleadings authorized or permitted by any court of this state to be filed on nonstandard size forms or paper in order to avoid unnecessary cost or delay or to promote justice; or

(5) documents required by the federal government to be nonstandard size.

(d) Upon written application of any state agency, the secretary of administration may approve additional exemptions from the requirements of this section if, based upon such application, the secretary finds that the cost of compliance with such requirements is so great as to not be in the best interests of the state.

(e) Upon written application of any court of this state, the supreme court may approve additional exemptions from the requirements of this section if, based upon such application, the supreme court finds that compliance with such requirements would be contrary to the effective administration of justice.

(f) Each state agency and court of this state shall use its store of paper supplies, that exceed standard size and that are on hand on the effective date of this act, until such store of supplies is exhausted. The secretary of administration and the director of printing shall provide assistance in form analysis and design to any state agency on request to assist in complying with the provisions of this act.

(g) As used in this section:

(l) "Standard size" means 8 1\2 X 11 inches or 21.59 x 27.94 centimeters.

(2) "State agency" means any state office, department, institution, commission, board or authority of this state.

  History: L. 1988, ch. 324, sec. 1; July 1.
   
TAMPERING WITH PUBLIC RECORDS ACT K.S.A. 21-3821 21-3821. Tampering with a public record.
  Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record. Tampering with a public record is a class A misdemeanor.
  History: L. 1969, ch. 180, 21-3821; July 1, 1970.
   
RECORDS OFFICER DUTIES K.A.R. 53-4-1 53-4-1. Records Officer.
  (a) A staff member shall be appointed by the director of each state agency to the position of agency records officer; a separate records officer for each major organizational subdivision may be appointed by directors of larger agencies. The duties of the records officer shall be to:

(1) Maintain a liaison between the agency, the state records board, and the state historical society's department of archives;

(2) prepare and maintain an inventory of each record series in the custody of the agency in cooperation with the archives staff;

(3) prepare and submit retention and disposition schedules for the state agency's records for approval or modification to the state records board in cooperation with the archives staff;

(4) periodically review the agency's records retention and disposition schedules, and submit requests for any needed modifications to the state records board;

(5) disseminate pertinent information regarding records management to appropriate staff members within the state agency; and

(6) formulate and oversee implementation of agency records management policies and procedures with the assistance of the archives staff to ensure compliance with all applicable federal and state statutes and regulations. These policies and procedures shall include:

(A) Precautions against the destruction or other disposition of agency records without authorization of the state records board, except that these records may be transferred to the state archives with the consent of the state archivist under K.S.A 45-405;

(B) storage conditions and procedures for handling agency records with enduring value that will minimize damage and deterioration;

(C) security arrangements that prevent loss, defacement or destruction of agency records due to theft or vandalism; and

(D) procedures to ensure that all microfilm copies of records with enduring value meet the requirements of K.S.A 75-3506 and K.S.A. 45-412.

(b) At the discretion of each agency director, the records officer may be responsible for ensuring adequate public access to agency records as required by the open records act, K.S.A 45-201 et seq., and for ensuring that satisfactory safeguards exist against unauthorized disclosure of confidential records.

(c) Each records officer shall be a staff member holding an administrative or professional position. The duties of the records officer may be collateral duties to an existing position in the agency.

  History: Authorized by and implementing K.S.A. 75-3504 amended by L. 1988, ch. 366; effective Dec. 5, 1988.
   
GENERAL RECORDS RETENTION AND DISPOSITION SCHEDULE 53-3-1. General records retention and disposition schedule for state agencies.
  (a) A general schedule for the retention and disposition of state government records, as approved by the State Records Board on October 13, 1988, is adopted by reference. Each state agency shall abide by this schedule in the retention and disposition of records in its custody except that:

(1) Agencies may elect to retain records for longer periods of time than as stated in the general schedule.

(2) When other federal or state regulations require longer retentions for specific records, the longer period shall prevail.

(3) Records required for state or federal audits shall be maintained until those audits are completed regardless of the retention periods appearing in the general schedule.

(b) The disposition of any state government records not included in the general schedule shall require authorization by the State Record Board unless that disposition involves transfer of records to the state archives. Any agency requesting disposition authorization shall submit the request through the state archivist.

(c) Copies of the general schedule for retention and disposition of state government records, as well as other schedules approved by the State Records Board, may be obtained from the Kansas Historical Society's Department of Archives.

  History: Authorized by and implementing K.S.A. 75-3504, as amended by L. 1988, ch. 366; effective Dec. 5, 1988.
   
INFORMATION TECHNOLOGY GOVERNANCE STRUCTURE K.S.A. 75-201-75-7212 K.S.A. 75-2935(f) K.S.A. 65-3739 K.S.A. 75-5147 K.S.A. 76-3,1000 and K.S.A. 60-2616 This act repeals and adds a number of statutes relating to information technology:
 
  • Repeals K.S.A. 75-3739 and the Kansas Information Resource Council;
  • permit sole source procurement when the acquisition is determined to be in the best interest of the state or when compatibility with existing contractual services, supplies, or equipment is the overriding consideration or when a used item becomes available and is subject to immediate sale;
  • increase the dollar amount of purchases that can be bid by telephone, fax, or sealed bids from $5,000 to $25,000;
  • authorize posting of public notices on a bulletin board for three days as a means to solicit bids for purchases between $25,000 and $50,000, rather than $5,000 and $10,000, under the previous law; and allow the Director of Purchases to delegate authority to any state agency to make direct purchases of less than $25,000.
Under the last item, if the acquisition is funded in part or entirely by a grant, the delegated purchasing authority would have no dollar limit. Also, the requirement that notices be published in the Kansas Register to solicit bids is continued, but the dollar threshold is increased from $10,000 to $50,000.

The Director of Purchases would be required to make reports to the Legislative Coordinating Council, the Chairpersons of the Senate Ways and Means Committee and the House Appropriations Committee, and the Chairperson of the Kansas Performance Review Board. These reports would include a list of all contracts over $5,000 entered into competitive bids, a list of agencies with delegated purchasing authority, and a list of instances in which the Director waived publication of the notice of bid solicitations in the Kansas Register. The bill would also authorize the Director of Purchases to conduct a cooperative purchasing agreement or consortium for purchase of supplies, materials, equipment, or contractual services. This consortium could be with federal agencies or agencies of other states or local units of government.

   
K.S.A. 75-7201 Definitions 75-7201. Definitions.
  As used in K.S.A. 1998 Supp. 75-7201 through 75-7212, and amendments thereto:

(a) "Cumulative cost" means the total expenditures, from all sources, for any information technology project by one or more state agencies to meet project objectives from project start to project completion or the date and time the project is terminated if it is not completed.

(b) "Executive agency" means any state agency in the executive branch of government.

(c) "Information technology project" means a project for a major computer, telecommunications or other information technology improvement with an estimated cumulative cost of $250,000 or more and includes any such project that has proposed expenditures for:

(1) New or replacement equipment or software;

(2) upgrade improvements to existing equipment and any computer systems, programs or software upgrade therefor; or

(3) data or consulting or other professional services for such a project.

(d) "Information technology project change or overrun: means any of the following:

(1) Any change in planned expenditures for an information technology project that would result in the total authorized cost of the project being increased above the currently authorized cost of such project, whichever is lower;

(2) any change in the scope of an information technology projects ,as such scope was presented and reviewed by the joint committee or the chief information technology officer to whom the project was submitted pursuant to K.S.A. Supp. 75-7509 and amendments thereto; or

(3) any change in the proposed use of any new or replacement information technology equipment or in the use of any existing information technology equipment that has been significantly upgraded.

(e) "Joint committee" means the joint committee on information technology.

(f) "Judicial agency" means any state agency in the judicial branch of government.

(g) "Legislative agency" means any state agency in the legislative branch of government.

(h) "Project" means a planned series of events or activities that is intended to accomplish a specified outcome in a specified time period, under consistent management direction within a state agency or shared among two or more state agencies, and that has an identifiable budget for anticipated expenses.

(i) "Project completion" means the date and time when the head of a state agency having primary responsibility for an information technology project certifies that the improvement being produces or altered under the project is ready for operational use.

(j) "Project start" means the date and time when a state agency begins a formal study of a business process or technology concept to assess the needs of the state agency, determined project feasibility or prepares an information technology project budget estimate under K.S.A. Supp. 75-7509 and amendments thereto.

(k) "State agency" means any state office or officer, department, board, commission, institution or bureau, or any agency, division or unit thereof.

  History: L. 1998, ch. 182, sec. 2; May 21.
   
K.S.A. 75-7202 Information technology executive council; membership and organization. 75-7202. Information technology executive council; membership and organization.
  (a) There is hereby established the information technology executive council which shall be attached to the department of administration for purposes of administrative functions.

(b) The council shall be composed of 17 voting members as follows: The secretary of administration; two cabinet agency head; one non-cabinet agency head; the director of the budget; the executive chief information technology and the judicial administrator of the Kansas supreme court; the executive director of the Kansas board of regents; the commission of education; one representative of cities; one representative of counties; the network manager of the information network of Kansas (INK); and three representatives from the private sector who are chief executive officers or chief information technology officers. The chief information technology architect shall be a nonvoting member of the council. The two cabinet agency heads, the non-cabinet agency head, the representative of cities, the representative of counties and the representatives from the private sector shall be appointed by the governor for a term not to exceed months. Upon expiration of an appointed members' term, the member shall continue to hold office until the appointment of a successor. Non-appointed members shall serve ex officio.

(c) The secretary of administration shall serve as the chairperson the council.

(d) The council shall hold meetings and hearings in the city of Topeka or at such other places as the council designates, on call of the chairperson or on request of four or more members.

(e) Members of the council may not appoint an individual to represent them on the council and only members of the council may vote.

(f) Members of the council shall not be eligible fro compensation, subsistence allowances, mileage or other expenses as provided in K.S.A. 75-3223 and amendments thereto for attendance at any meeting of the council or any subcommittee meeting authorized by the council, except that agencies may pay subsistence, mileage and other expenses to their representatives on the council.

  History: L. 1998, ch. 182, sec. 2; May 21. Source or Prior Law: 75-4740
   
K.S.A 75-7203 Same; powers and duties 75-7203. Same; powers and duties.
  (a) The information technology executive council is hereby authorized to adopt such policies and rules and regulations as necessary to implement, administer and enforce the provisions of this act.

(b) The council shall:

(1) Adopt:

(A) Information technology resource policies and procedures and project management methodologies for all state agencies;

(B) an information technology architecture, including telecommunications systems, networks and equipment, that covers all state agencies;

(C) standards for data management for all state agencies; and

(D) a strategic information technology management plan for the state;

(2) provide direction and coordination for the application of the state's information technology resources;

(3) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies in different branches of state government; and

(4) perform such other functions and duties as necessary to carry out the provisions of this act.

  History: L. 1998, ch. 182, sec. 3; May 21.
   
K.S.A. 75-7204 Chief information technology architect 75-7204 Chief information technology architect.
  (a) There is hereby established, within and as a part of the department of administration, the office of chief information technology architect, the head of which shall be the chief information technology architect. Under the supervision of the secretary of administration, the chief information technology architect shall administer the office of chief information technology architect. The chief information technology architect shall be in the unclassified service under the Kansas civil service act, shall be appointed by the secretary of administration, subject to approval of the governor and shall receive compensation in the amount fixed by the secretary of administration, subject to approval of the governor.

(b) The chief information technology architect shall:

(1) Propose to the information technology executive council:

(A) Information technology resource policies and procedures and project management methodologies for all state agencies;

(B) an information technology architecture, including telecommunication systems, networks and equipment, that covers all state agencies;

(C) standards for data management for all state agencies; and

(D) a strategic information technology management plan for the state;

(2) serve as secretary to the information technology executive council; and

(3) perform such other functions and duties as provided by law or as directed by the secretary of administration.

  History: L. 1998, ch. 182, sec. 4; May 21. Source or Prior Law: 75-4742, 75-4743
   
K.S.A. 75-7205 Executive chief information technology officer 75-7205. Executive chief information technology officer.
  (a) There is hereby established within and as a part of the department of administration the position of executive chief information technology officer. The executive chief information technology officer shall be in the unclassified service under the Kansas civil service act, shall be appointed by the secretary of administration, subject to approval of the governor, and shall receive compensation in an amount fixed by the secretary of administration, subject to approval of the governor. The executive chief information technology officer shall maintain a presence in any cabinet established by the governor and shall report to both the governor and the secretary of administration.

(b) The executive chief information technology officer shall:

(1) Review and consult with each executive agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns submitted by such agency pursuant to K.S.A 1998 Supp. 75-7209 and amendments thereto to determine whether the agency has complied with:

(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;

(B) the information technology architecture adopted by the information technology executive council;

(C) the standards for data management adopted by the information technology executive council; and

(D) the strategic information technology management plan adopted by the information technology executive council;

(2) report to the chief information technology architect all deviations from the state information architecture that are reported to the executive information technology officer by executive agencies;

(3) submit recommendations to the division of the budget as to the technical and management merit of information technology project estimates and information technology projects changes and overruns submitted by executive agencies pursuant to K.S.A. 1998 Supp. 75-7209 and amendments thereto, based on the determinations pursuant to subsection (b)(1);

(4) monitor executive agencies' compliance with:

(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;

(B) the information technology architecture adopted by the information technology executive council;

(C) the standards for data management adopted by the information technology executive council; and

(D) the strategic information technology management plan adopted by the information technology executive council;

(5) coordinate implementation of new information technology among executive agencies and with the judicial and legislative chief information technology officers;

(6) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies within the executive branch of state government; and

(7) perform such other functions and duties as provided by law or as directed by the secretary of administration.

  History: L. 1998, ch. 182, sec. 5; May 21.
   
K.S.A. 75-7206 Judicial chief information technology officer 75-7206. Judicial chief information technology officer.
  (a) There is hereby established within and as a part of the state judicial administrator the position of judicial chief information technology officer. The judicial chief information technology officer shall be appointed by the judicial administrator, subject to approval of the chief justice, and shall receive compensation in an amount fixed by the judicial administrator, subject to approval of the chief justice.

(b) The executive chief information technology officer shall:

(1) Review and consult with each judicial agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns submitted by such agency pursuant to K.S.A 1998 Supp. 75-7209 and amendments thereto to determine whether the agency has complied with:

(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;

(B) the information technology architecture adopted by the information technology executive council;

(C) the standards for data management adopted by the information technology executive council; and

(D) the strategic information technology management plan adopted by the information technology executive council;

(2) report to the chief information technology architect all deviations from the state information architecture that are reported to the judicial information technology officer by judicial agencies;

(3) submit recommendations to the judicial administer as the technical and management merit of information technology project estimates and information technology projects changes and overruns submitted by judicial agencies pursuant to 1998 Supp. 75-7209 and amendments thereto, based on the determinations pursuant to subsection (b)(1);

(4) monitor judicial agencies' compliance with:

(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;

(B) the information technology architecture adopted by the information technology executive council;

(c) the standards for data management adopted by the information technology executive council; and

(D) the strategic information technology management plan adopted by the information technology executive council;

(5) coordinate implementation of new information technology among judicial agencies and with the executive and legislative chief information technology officers;

(6) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies within the judicial branch of state government; and

(7) perform such other functions and duties as provided by law or as directed by the judicial administrator.

  History: L. 1998, ch. 182, sec. 6; May 21.
   
K.S.A. 75-7207 Legislative chief information technology officer 75-7207. Legislative chief information technology officer.
  (a) There is hereby established the position of legislative chief information technology officer under the legislative coordinating council.

(b) The legislative chief information technology officer shall be appointed by the legislative coordinating council. The joint committee may recommend one or more persons for consideration by the legislative coordinating council in making the appointment.

(c) The legislative chief information technology officer shall receive such compensation as determined by the legislative coordinating council and may be removed by a vote of five members of the legislative coordinating council taken at any regular meetings of the council.

(d) The legislative chief information technology office shall receive expenses and allowances for in-state and out-of-state travel as in provided by law for members of the legislature. The provisions of K.S.A. 75-3208 and amendments thereto shall not apply to any such travel.

(e) The legislative chief information technology office shall be in the unclassified service under the Kansas civil service act.

  History: L. 1998, ch. 182, sec. 7; May 21.
   
K.S.A. 75-7208 Same; powers and duties 75-7208. Same; powers and duties.
  The legislative chief information technology officer shall:

(a) Review and consult with each legislative agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns submitted by such agency pursuant to 1998 Supp. 75-7209 and amendments thereto to determine whether the agency has complied with :

(1) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;

(2) the information technology architecture adopted by the information technology executive council;

(3) the standards for data management adopted by the information technology executive council; and

(4) the strategic information technology management plan adopted by the information technology executive council;

(b) report to the chief information technology architect all deviations from the state information architecture that are reported to the legislative information technology officer by legislative agencies;

(c) submit recommendations to the legislative coordinating council as to the technical and management merit of information technology project estimates and information technology project changes and overruns submitted by legislative agencies pursuant to 1998 Supp. 65-7209 and amendments thereto, based on the determinations pursuant to subsection (a);

(d) monitor legislative agencies' compliance with:

(1) The information technology resource polices and procedures and project management methodologies adopted by the information technology executive council;

(2) the information technology architecture adopted by the information technology executive council;

(3) the standards for data management adopted by the information technology executive council; and

(4) the strategic information technology management plan adopted by the information technology executive council;

(e) coordinated implementation of new information technology among legislative agencies and with the executive and judicial chief information technology officers;

(f) designated the ownership of information resource processes and the lead agency for implementation of new technologies and networks hared by multiple agencies within the legislative branch of state government:

(g) serve as staff of the joint committee; and

(h) perform such other functions and duties and provided by law or as directed by the legislative coordinating council or the joint committee.

  History: L. 1998, ch. 182, sec.8: May 21.
   
K.S.A. 75-7209 Information technology project; procedures 75-7209. Information technology project; procedures.
  (a) Whenever an agency proposes an information technology project, such agency shall prepare and submit to the chief information technology officer of the branch of state government of which the agency is a part of a project budget estimate therefor, and for each amendment or revision thereof, in accordance with this section. Each information technology project budget estimate shall be in such form as required by the director of the budget, in consultation with the chief information technology architect, and by this section. In each case, the agency shall prepare and include as a part of such project budget estimate a plan consisting of a written program statement describing the project. The program statement shall:

(1) Include a detailed description of and justification for the project including: (A) An analysis of the programs, activities and other needs and intended uses for the additional or improved information technology;

(B) a statement of project scope including identification of the organizations and individuals to be affected by the project and definition of the functionality to result from the project; and

(C) an analysis of the alternative means by which such information technology needs and used could be satisfied;

(2) describe the tasks and schedule for the project and for each phase of the project, if the project is be completed in more than one phase;

(3) include a financial plan showing:

(A) The proposed source of funding and categorized expenditures for each phase of the project; and

(B) cost estimates for any needs analyses or other investigations, consulting or other professional services, computer programs, data, equipment, buildings or major reports or improvement to building and other items or services necessary for the project; and

(4) include a cost-benefit statement based on an analysis of qualitative as well as financial benefits.

(b) (1) Before one or more state agencies proposing an information technology project begin implementation of the project, the project plan including the architecture and the cost-benefit analysis, shall be approved by the head of each state agency proposing the project and by the chief information technology officer of each branch of state government of which the agency or agencies are a part. Approval of those projects that involve telecommunications services shall also be subject to the provisions of K.S.A. 75-4709, 75-4710 and 75-4712, and amendments thereto.

(2) All specifications for bids or proposals related to an approved information technology project of one or more state agencies shall be reviewed by the chief information technology officer of each branch of state government of which the agency or agencies are a part.

(c) Annually at the time specified by the chief information technology officer of the branch of state government of which the agency is a part, each agency shall submit to such officer:

(1) A copy of a three-year strategic information technology plan that set forth the agency's current and future information technology needs and utilization plans for the next three ensuring fiscal years, in such form and containing such additional information as prescribed by the chief information technology officer; and

(2) any deviations from the state information technology architecture adopted by the information technology executive council.

(d) The provisions of this section shall not apply to the information network of Kansas (INK).

  History: L. 1998, ch. 182, sec. 9; May 21.
   
K.S.A. 75-7210 Same; reports to legislative branch 75-7210. Same; reports to legislative branch.
  (a) Not later than July 1 of each year, the executive judicial and legislative chief information technology officers shall submit to the joint committee and to the legislative research department all information technology project budget estimates and amendments and revisions thereto, all three-year plans and all deviations from the state information technology architecture submitted to such officers pursuant to 1998 Supp. 75-7209 and amendments thereto. The legislative chief information technology officer shall review all such estimates and amendments and revisions thereto, plans and deviations and shall make recommendations to the joint committee regarding the merit thereof and appropriations therefor.

(b) The executive and judicial chief information technology officers shall report to the legislative chief information technology officer, at times agreed upon by the three officers:

(1) Progress regarding implementation of information technology projects of state agencies within the executive and judicial branches of state government; and

(2) all proposed expenditures, for the current fiscal year and for ensuing fiscal years.

  History: L. 1998, ch. 182, sec. 10; May 21.
   
K.S.A. 75-7211 Same; legislative oversight 75-7211. Same; legislative oversight.
  (a) The legislative chief information technology officer under the direction of the joint committee, shall monitor state agency execution of information technology projects and, at times agreed upon by the three chief information technology officers, shall report progress regarding the implementation os such projects and all proposed expenditures for the current fiscal year and for ensuring fiscal years.

(b) The head of a state agency with primary responsibility for an information technology project may authorize or approve, with out prior consultation with the joint committee, any change in planned expenditures for an information technology project that would result in the total cost of the project being increased above the currently authorized cost of such project but that increases the total cost os such project by less than the lower of either $1,000,00 or 10% of the currently authorized cost and any change in planned expenditures for an information technology project involving a cost reduction, other than a change in the proposed use of any new or replacement information technology equipment or in the use of any existing information technology equipment that has been significantly upgraded.

(c) The head of a state agency with primary responsibility for an information technology project shall not authorize or approve, without first advising and consulting with the joint committee any information technology project change or overrun. The joint committee shall report all such changes and overruns to the senate standing committee on ways and means and the house standing committee on appropriations.

  History: L. 1998, ch. 182, sec. 11; May 21.
   
K.S.A. 75-7212 Abolition of KIRC and CIA 75-7212. Abolition of KIRC and CIA.
  (a) The Kansas information resources council established by K.S.A. 75-4740 and the office of the chief information architect established by K.S.A. 75-4742 are hereby abolished.

(b) The unexpended budgeted balance of any appropriation for the Kansas information resources council as a result of any abolishment by this section shall be and is hereby transferred to the information technology executive council created by this act. The unexpended budgeted balance of any appropriation for the position of chief information architect as a result of any abolishment by this section shall be and is hereby transferred to the legislative coordinating council - operations account.

(c) Whenever the Kansas information resources council is referred to or designated by a statue, contract or other document, such reference or designation shall be deemed to apply to the information technology executive council created by this act. Whenever the position of chief information architect or the office of the chief information architect is referred to or designated by a statue, contract or other document, such reference or designation shall be deemed to apply to the position of chief information technology architect or the office of the chief information technology architect created by this act or to the position of executive chief information technology officer, as determined appropriate in accordance with the provisions of this act.

(d) The information technology executive council created by this act shall succeed to all property and records that were used for, or pertain to, the performance of the powers, duties and functions of the Kansas information resources council abolished by this act. The office of the chief information technology architect created by this act shall succeed to all of the powers, duties and functions of the office of the chief information architect abolished by this act. Any conflict as to the proper disposition of such property or records arising under this section and resulting from the transfer or abolishment of any existing state agency, or the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.

(e) Any conflict as to the disposition of any power, function or duty as a result of any abolishment, transfer, attachment or other change made by this act, or under authority of this act, shall be resolved by the governor, and the decision of the governor shall be final.

(f) No suit, action, or other proceeding, judicial or administrative lawfully commence, or that could have been commenced, by or against the Kansas information resources council, or by or against the office of the chief information architect or the chief information architect in the official duties, shall abate by reason of the provisions of this act. The court may allow any such suit, action or other proceeding to maintained by or against the information technology executive council, the office of the chief information technology architect or the chief information technology architect.

(g) No criminal action commenced or that could have been commenced by the state shall abate by the taking effect of this act.

  History: L. 1998, ch. 182, sec. 12; May 21.
   
K.S.A. 46-2101 Joint Committee on Information Technology 46-2101. Establishment of joint committee.
  (a) There is hereby established the joint committee on information technology which shall be within the legislative branch of state government and which shall be composed of three senators and three members of the house of representatives. One of the senate members shall be appointed by the president of the senate, one of the senate members shall be appointed by the minority leader of the senate and one of the senate members shall be appointed by the chairperson of the committee on ways and means of the senate. One of representative members shall be appointed by the speaker of the house of representatives, on of the representative members shall be appointed by the minority leader of the house of representatives and one of the representative members shall be appointed by the chairperson of the committee on appropriations of the house of representatives. The members of the joint committee on information technology and the chairperson and vice-chairperson serving in such capacities on the effective date of this act shall continue serving as members and in such capacities, respectively, subject to the other provisions of this section.

(b) All members of the joint committee on information technology shall serve for terms ending on the first day of the regular legislative session in odd-numbered years. The joint committee shall organize annually and elect a chairperson and vice-chairperson in accordance with this subsection. The chairperson and vice-chairperson serving on the effective date of this act shall continue to serve in such capacities through June 30, 1998, On and after July 1, 1998, and until the first day of the 1999 regular legislative session, the chairperson shall be one of the senate members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee. Thereafter, on and after the first day of the regular legislative session in odd-numbered years, the chairperson shall be one of the representative members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the senate members elected by the members of the joint committee and, after the first day of the regular legislative session in even-numbered years, the chairperson shall be one of the senate members of the joint committee elected by the members of the joint committee and the vice-chairperson shall be one of the representative members of the joint committee elected by members of the joint committee. The chairperson and vice-chairperson the joint committee shall serve in such capacities until the first day of the regular legislative session in the ensuring year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of chairperson or vice-chairperson, a member of the joint committee, who is member of the same house as the member who vacated the office, shall be elected by the members of the joint committee to fill such vacancy.

(c) A quorum of the joint committee on information technology shall be four. All actions of the joint committee shall be taken by a majority of all of the members of the joint committee.

(d) The joint committee on information technology may meet at any time and at any place within the state on the call of the chairperson.

(e) The provisions of the acts contained in article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee on information technology to the extent that the same do no conflict with specific provisions of this applicable to the joint committee.

(f) In accordance with K.S.A. 46-1204 and amendments thereto, the legislative coordinating council may provide for such professional services as may be requested by the joint committee on information technology.

(g) The joint committee on information technology may introduce such legislation as it deems necessary in performing its functions.

(h)(1) On the effective date of this act the joint committee on computers and telecommunications shall be and is hereby officially designated as the joint committee on information technology.

(2) On and after the effective date of this act, whenever the joint committee on computers and telecommunications ,or works of like effect, is referred to or designated by a statute, contract or other documents created before the effective date of this act, the reference or designation shall mean and apply to the joint committee on information technology.

(3) Nothing in this act shall be construed as abolishing or reestablishing the joint committee on computers and telecommunications.

  History: L. 1992, ch. 153, sec. 1; L. 1998, ch. 182, sec. 13; May 21.
   
K.S.A. 46-2102 Same; powers and duties; annual report 46-2102. Same; powers and duties; annual report.
  In addition to other powers and duties authorized or prescribed by law or by the legislative coordinating council ,the joint committee on information technology shall:

(a) Study the use by state agencies and institutions of computers, telecommunications and other information technologies;

(b) review new governmental computer hardware and software acquisition, information storage, transmission, processing and telecommunications technologies proposed by state agencies and institutions, and the implementation plans therefor, including all information technology project budget estimates and three-year strategic information technology plans that are submitted to the joint committee pursuant to section 10 and amendments thereto:

(c) make recommendations on all such implementation plans, budget estimates and three-year plans to the ways and means committee of the senate and committee on appropriations of the house of representatives;

(d) study the progress and results of all newly implemented governmental computer hardware and software, information storage, transmission, processing and telecommunications technologies of state agencies and institutions including all information technology projects for state which have been authorized or for which appropriations have been approved by the legislature; and

(e) make an annual report to the legislative coordinating council as provided in K.S.A. 46-1207 and amendments thereto and such special reports to committees of the house of representatives and senate as are deemed appropriated by the joint committee.

  History: L. 1992, ch. 153, sec. 2; L. 1998, ch. 182, sec. 14; May 21.
   
K.S.A. 75-4703 Information Systems and Communications 75-4703. Rules and regulations concerning rates and charges; priorities for services, standards for data submission and security.
  The secretary of administration may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, relating to the following:

(a) Establishment of rates and charges for services performed by the division of information systems and communications for any other division, department, state agency or governmental unit. Such rates and charges shall be maintained by a cost system in accordance with generally accepted accounting principles. In determining cost rates for billing to agencies or governmental units, overhead expenses shall include but not be limited to light, heat, power, insurance, labor and deprecation. Billings shall include direct and indirect costs and shall be based on the foregoing cost accounting practices.

(b) For determination of priorities for services performed by the division of information systems and communications, including authority to decline new projects under specified conditions.

(c) Specification of standards for submission of data to be processed by the division of information systems and communications and the programs for processing the data, including authority to decline to process computer programs and projects not conforming to published standards. Such standards and measures shall be consistent with the standards and polices adopted by the information technology executive council under section 3 and amendments thereto.

  History: L. 1972, ch. 332, sec. 21; L. 1974, ch. 399, sec. 7; L. 1976, ch. 396, sec. 10; L. 1980, ch. 284, sec. 23; L. 1983, ch. 291, sec. 3; L. 1984, ch. 323, sec. 6; L. 1992, ch. 228, sec. 2; L. 1998, ch. 182, sec. 15; May 21.
   
K.S.A. 75-4709 Telecommunications services of certain state agencies; extension to certain private, nonprofit agencies or governmental entities; records of services 75-4709. Telecommunications services of certain state agencies; extension to certain private, nonprofit agencies or governmental entities; records of services.
  (a) The secretary of administration shall provide for and coordinate all telecommunications services for all divisions, department and agencies of the state pursuant to policies established by the information technology executive council. The secretary of administration shall have the authority to control the acquisitions, retention and use of all telecommunications services for all divisions, departments and agencies of the state, and to develop and review plans and specifications for telecommunications services throughout the state.

(b) The secretary of administration, when feasible, may enter into agreements with any entity defined in this subsection extending to such entity the use of all intercity telecommunications facilities and services under the control of the secretary. As used in this subsection, an "entity" means:

(1) Any governmental unit, including any state agency, taxing subdivision of the state or municipality; or

(2) any hospital or nonprofit corporation which the secretary determines to be performing any state function on an ongoing basis through agreement or otherwise, or any function which will assist a governmental unit in attaining an objective or goal, bearing a valid relationship to powers and functions of such unit.

(c) Every record made, maintained or kept by the secretary of administration or the division of information systems and communications, or any agency or instrumentality thereof, which related to the acquisition, retention or use of telecommunications services provided to any division, department or agency of the state, state officer or governmental unit and which pertains to individually identifiable individuals using such telecommunications services shall constitute for purposes of the open records act a record of the division, department or agency of the state, state officer or governmental unit to which such records related. The official custodian of such records fro the purposes of the open records act shall be the official custodian of the records of such division, department or agency of the state, state officer or governmental units.

  History: L. 1974, ch. 399, sec. 1; L. 1978, ch. 362, sec. 1; L. 1992, ch. 228, sec. 3; L. 1994, ch. 340, sec. 9; L. 1996, ch. 268, sec. 13; L. 1998, ch. 182, sec. 17; May. 21
   
K.S.A. 75-5147 Automated tax system; acquisition, negotiated contract; payment, fee based on collection authorized; reports of collections to legislative committees 75-5147. Automated tax system; acquisition, negotiated contract; payment, fee based on collection authorized; reports of collections to legislative committees.
  The secretary of revenue is hereby authorized to enter into contracts to acquire automated tax systems, including computer hardware and software therefor, for use in the registration of taxpayers, processing of remittances and returns, and collection of delinquent taxes and any interest and penalties thereon. Any contracts entered into between the secretary of revenue and vendors of automated tax systems shall provide

(1) for payment of fees for the automated tax system on the basis of a percentage of the increase in the amount of taxes, interest and penalties collected which is attributable to the implementation of the automated tax systems as specified by the joint consensus of the director of the budget and the director of the legislative research department under this section or

(2) for payment of fees for the automated tax system on a fixed fee contract basis, such fees to be paid from the increase in the amount of taxes, interest and penalties collected which is attributable to the implementation of the automated tax systems as specified by the joint consensus of the director of the budget and the director of the legislative research department under this section. All contracts entered into under this section shall be entered in pursuant to procurement negotiating committee procedure as provided in K.S.A. 75-37,102 and amendments thereto. Prior to publishing or distributing a request for proposal, such request for proposals shall be reviewed by the joint committee on information technology. During each regular session of the legislature, the secretary of revenue shall submit a report to the committee on ways and means of the senate and the committee on appropriations of the house of representatives. Such report shall include detailed information on the costs and benefits of implementing automated tax systems during the fiscal year immediately preceding the submission of the report. The report required hereunder shall be made annually until two complete fiscal years have elapsed following full implementation of automated tax systems by the secretary of revenue. In addition, the director of the budget and the director of the legislative research department shall prepare annually a joint consensus on the mount of increased tax, interest and penalty collections which are attributable to the automated tax system and shall report their finding during each regular session of the legislature to the committee on ways and means of the senate and the committee on appropriations of the house of representatives. Nothing in this section shall prohibit the secretary of revenue from acquiring any goods or services through appropriations for any department of revenue function or program not specifically included in any contract entered into pursuant to this section.

  History: L. 1988, ch. 437, sec. 1; L. 1993, ch. 290, sec. 1; L. 1998, ch. 182, sec. 18; May 21.
   
K.S.A. 76-3,100 University of Kansas procedures for acquisitions of data processing hardware and software for university hospital information systems; report 76-3,100 University of Kansas procedures for acquisitions of data processing hardware and software for university hospital information systems; report.
  Each acquisition of data processing hardware or software by the university of Kansas medical center for the university hospital information systems shall be exempt from the provisions of K.S.A. 75-4705, 75-4706, 75-4704, 75-4709 and 75-3739 and amendments thereto and shall not be subject to approval under any statute other than those contained in article 3 or article 7 of chapter 76 of the Kansas Statutes annotated. In addition to other procedures, the university of Kansas medical center is hereby authorized to acquire data processing hardware and software for the university of Kansas medical center shall file with the director of purchases of the department of administration and shall update periodically a plan for future acquisitions under this section. The university of Kansas medical center shall submit a written report in each calendar quarter to the secretary of administration, the to the chairperson of the senate committee on ways and means and the house of representatives committee on appropriations and to the joint committee on information technology on all contracts for acquisition of data processing hard and software entered into under this section during such calendar quarter.
  History: L. 1995, ch. 151, sec. 1; L. 1998, ch. 182, sec. 19; May 21.
   
K.S.A. 75-2935f Classified and unclassified services 75-2935f . Classified and unclassified services. [ See Revisor's Note]
  The civil service of the state of Kansas is hereby divided into the unclassified and the classified services.

(1) The unclassified service comprises positions held by state officer or employees who are:

(a) Chosen by election or appointment to fill an elective office;

(b) members of boards and commissions, heads of departments required by law to be appointed by the governor or any other elective officers, and the executive or administrative heads of offices, departments, divisions and institutions specifically established by law;

(c) except as otherwise provided under this section, one personal secretary to each elective officer of this state, and in addition thereto, 10 deputies, clerks or employees designated by such elective officer;

(d) all employees in the office of the governor;

(e) officers and employees of the senate and house of representatives of the legislature and of the legislative coordinating council and all officers and employees of the office of revisor of statutes, of the legislative research department, of the division of legislative administrative services, of the division of post audit and the legislative counsel;

(f) chancellor, president, deans, administrative officers, student health service physicians, pharmacists, teaching and research personnel, health care employees and student employees in the institutions under the state board of regents, the executive officer of the board of regents and the executive officer's employees other than clerical employees, and, at the discretion of the state board of regents, directors or administrative officers of departments and divisions of the institution and county extension agents, except that this subsection (1)(f) shall not be construed to include the custodial, clerical or maintenance employees, or any employee performing duties in connection with the business operations of any such institution, except administrative officers and directors; as used in the this subsection (1)(f), "health care employees" means employees of the university of Kansas medical center who provide health care services at the university of Kansas medical center and who are medical technicians or technologist or respiratory therapists, who are licensed professional nurses or licensed practical nurses, or who are in job classes which are designated for this purpose by the chancellor of the university of Kansas upon finding by the chancellor that such designation is required for the university of Kansas medical center to recruit or retain personnel for positions in the designated job classes; and employees of any institution under the state board of regents who are medical technologist;

(g) operations, maintenance and security personnel employed to implement agreements entered into by the adjutant general and the federal national guard bureau, and officers and enlisted person in the national guard and naval militia;

(h) persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority;

(i) persons temporarily employed or designated by the legislature or by a legislative committee or commission or other competent authority to make or conduct a special inquiry, investigation, examination or installation;

(j) officers and employees in the office of the attorney general and special counsel to state department appointed by the attorney general, except that officers and employees of the division of the Kansas bureau of investigation shall be in the classified or unclassified services as provided in K.S.A. 75-711 and amendments thereto;

(k) all employees of courts;

(l) client, patient and inmate help in any state facility or institution;

(m) all attorneys for boards, commissions and departments;

(n) the secretary and assistant secretary of the Kansas Historical Society;

(o) physician specialists dentist, dental hygienists, pharmacists, medical technologists and long term care workers employed by the department of social and rehabilitation services;

(p) physician specialists, dentists, and medical technologists employed by any board, commission or department or by any institution under the jurisdiction thereof;

(q) student employees enrolled in public institutions of higher learning;

(r) administrative officers, directors and teaching personnel of the state board of education and the state department of education and of any institution under the supervision and control of the state board of education, except that this subsection (1)(r) shall not be construed to include the custodial, clerical or maintenance employees, or any employees performing duties in connection with the business operations of any such institution, except administrative officer and directors;

(s) all officers and employees in the office of the secretary of state;

(t) one personal secretary and one special assistant to the following: The secretary of administration, the secretary on aging, the secretary of agriculture, the secretary of commerce and housing, the secretary of corrections, the secretary of health and environment, the superintendent of the Kansas highway patrol, the secretary of human resources, the secretary of revenue, the secretary of social and rehabilitation services, the secretary of transportation and the secretary of wildlife and parks;

(u) one personal secretary on special assistant to the chancellor and presidents of institutions under the state board of regents;

(v) one personal secretary on special assistant to the executive vice chancellor of the university of Kansas medical center;

(w) one public information officer and one chief attorney for the following: The department of administration, the department on aging, the department of agriculture, the department of commerce and housing, the department of corrections, the department of health and environment, the department of human resources, the department of revenue, the department of social and rehabilitation services, the department of transportation and the Kansas department of wildlife and parks;

(x) civil service examination monitors;

(y) one executive director, one general counsel and one director of public affairs and consumer protection in the office of the state corporation commission;

(z) specifically designated by law as being the unclassified service;

(aa) all officers and employees of Kansas, Inc. and the Kansas technology enterprise corporation and

(bb) any position that is classified as a position in the information resource manager job class series, that is the chief position responsible for all information resources management for a state agency, and that becomes vacant on or after the effective date of this act. Nothing in this section shall affect the classified status of any employee in the classified services who is employed on the date immediately preceding the effective date of this act in any position that is a classified position in the information resource manager job class series and the unclassified status as prescribed by this subsection shall apply only to a person appointed to any such position on or after the effective date of this act that is the chief positions responsible for all information resources management for a state agency.

(2) The classified service comprises all positions now existing or hereby created which are not included in the unclassified service. Appointments in the classified service shall be made according to merit and fitness from eligible pools which so far as practicable shall be competitive. No person shall be appointed, promoted, reduced or discharged as an officer, clerk, employee or laborer in the classified service in any manner or any means other than those prescribed in the Kansas civil service act and the rule adopted in accordance therewith.

(3) For positions involving unskilled, or semiskilled duties, the secretary of administration, as provided by law, shall establish rules and regulations concerning certification, appointments, layoffs and reemployment which may be different from the rules and regulations established concerning these processes for other positions in the classified service.

(4) Officers authorized by law to make appointments to positions in the unclassified service, and appointing officers of department or institutions whose employees are exempt from the provisions of the Kansas civil service act because of the constitutional status of such departments or institutions shall be permitted to make appointments from appropriate pools of eligibles maintained by the division of personnel services.

  History: L. 1941, ch. 358, sec. 11; L. 1957, ch. 445, sec. 1; L. 1963, ch. 424, sec. 1; L. 1963, ch. 400, sec. 3; L. 1965, ch. 464, sec. 1; L. 1969, ch. 399, sec. 1; L.1971, ch. 272, sec. 1; L. 1972, ch. 318, sec. 1; L. 1974, ch. 383, sec. 1; L. 1976, ch. 377, sec. 1; L. 1976, ch. 378, sec. 1; L. 1978, ch. 332, sec. 7; L. 1982, ch. 22, sec. 5; L. 1985, ch. 256, sec. 15; L. 1987, ch. 347, sec. 1; L. 1989, ch. 266, sec. 2; L. 1989, ch. 233, sec. 2; L. 1990, ch. 305, sec. 1; L. 1992, ch. 293, sec. 1; L. 1994, ch. 293, sec. 28; L. 1995, ch. 236, sec. 15; L. ch. 255, sec. 12; L. 1997, ch. 156, sec. 88; L. 1998, ch. 182, sec. 20; May 21.
  Revisor's note: Section was amended twice in the 1998 session, see also 75-2935.
   
K.S.A. 75-3739 Competitive bids, exceptions; reports of purchases without bids, waivers of bid solicitation publication and delegations of purchasing authority; highway contracts exemption, state agency contracts exemption; prior approval of real property leases 75-3739. Competitive bids, exceptions; reports of purchases without bids, waivers of bid solicitation publication and delegations of purchasing authority; highway contracts exemption, state agency contracts exemption; prior approval of real property leases.
  In the manner as provided in this act and rules and regulations established thereunder:

(a) All contracts for construction and repairs, and all purchases of and contracts for supplies, materials, equipment and contractual services to be acquired for state agencies shall be based on competitive bids, except that competitive bids need not be required in the following instances:

(1) For contractual services, supplies, materials, or equipment when in the judgement of the director of purchases, no competition exists;

(2) when, in the judgment of the director of purchases, chemicals and other material or equipment for use in laboratories or experimental studies by state agencies are best purchased without competition, or where rates are fixed by law or ordinance;

(3) when, in the judgment of the director of purchases, an agency emergency requires immediate delivery of supplies, materials, or equipment, or immediate performance of services;

(4) when any statute authorized another procedure or provides an exemption from the provisions of this section;

(5) when compatibility with existing contractual services, supplies, materials or equipment is the overriding consideration;

(6) when a used item becomes available and is subject to immediate sales; or

(7) when in the judgment of the director of purchases and the head of the acquiring state agency, not seeking competitive bids is in the best interest of the state. When the director of purchases approves a purchase of or contract for supplies, materials, equipment, or contractual services in any instance specified in this subsection, the director may delegate authority to make the purchase or enter the contract under conditions and procedures prescribed by the director. The director of purchases shall prepare a detailed report at least once in each calendar quarter of all contracts over $5,000 entered into without competitive bids under subsection (a)(1), (2), (3), (5), (6) or (7). The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.

(b) (1) If the amount of the purchase is estimated to exceed $50,000, sealed bids shall be solicited by notice published once in the Kansas register not less than 10 days before the date state in the notice for the opening of the bids. The director of purchases may waive this publication of notice requirement when the director determines that a more timely procurement is in the best interest of the state. The director of purchases also may designate a trade journal for the publication. The director also shall solicit such bids by sending notices by mail to prospective bidders and by posting the notice on a public bulletin board for at least 10 business days before the date stated in the notice for the opening of the bids unless otherwise provided by law. All bids shall be sealed when received and shall be opened in public at the hour stated in the notice.

(2) The director of purchases shall prepare a detailed report at least once in each calendar quarter of all instances in which the director waived publication of the notice of bid solicitations in the Kansas register as provided in this subsection. The director shall submit the report to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.

(c) All purchases estimated to exceed approximately $25,000 but not more than $50,000, shall be made after receipt of sealed bids following at least three days' notice posted on a public bulletin board.

(d) All purchases estimated to be more than $5,000 but less than $25,000, may be made after the receipt of three of more bid solicitation by telephone, telephone facsimile or sealed bid following at least three days' notice posted on a public bulletin board. Such bids shall be recorded as provided in subsection (e) of K.S.A. 75-3740 and amendments thereto. Any purchase that is estimated to be less $5,000 may be purchased under conditions and procedures prescribed by the director of purchases. Purchases made in compliance with such conditions and procedures shall be exempt from other provisions of this section.

(e) With the approval of the secretary of administration, the director of purchases may delegate authority to any state agency to make purchases of less than $25,000 under certain prescribed conditions and procedures. The director of purchases shall prepare a report at least once in each calendar quarter of all current and existing delegations of authority to state agencies as provided in this subsection. The director shall submit the report to the legislative coordinating council, the chairperson the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.

(f) Subject to the provisions of subsection (e), contracts and purchases shall be based on specifications approved by the director of purchases. When deemed applicable and feasible by the director of purchases, such specifications shall include either energy efficiency standard or appropriate life cycle cost formulas, or both, for all supplies, materials, equipment and contractual services to be purchased by the state. The director of purchases may reject a contract or purchase on the basis that a product is manufactured or assembled outside the United States. No such specifications shall be fixed in manner to effectively exclude any responsible bidder offering comparable supplies, materials, equipment or contractual services.

(g) Notwithstanding anything herein to the contrary, all contracts with independent construction concerns for the construction, improvement, reconstruction and maintenance of the state highway system and the acquisition of rights-of-way for state highway purposes shall be advertised and let as now or hereafter provided by law.

(h) The director of purchases may authorize state agencies to contract for services and materials with other state agencies, or with federal agencies, political subdivisions of Kansas, agencies of other states or subdivisions thereof, or private nonprofit educational institutions, without competitive bids.

(i) The director of purchases may participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for purchases of supplies, materials, equipment, and contractual services with federal agencies or agencies of other state or local units of government. Cooperative purchasing agreements entered into under this subsection shall not be subject to K.S.A. 75-3739 through 75-3740a, and amendments thereto.

(j) The director of purchases may delegate authority to any state agency to make purchases under certain prescribed conditions and procedures when the acquisition is funded, in whole or in part, from a grant. Purchases made in compliance with such conditions and procedures shall be exempt from other provisions of this section. As used in this subsection the term "grant" means a disbursement made from federal or private funds, or a combination of these sources to a state agency.

(k) The director of purchases shall prepare a detailed report at least once each calendar quarter of all contracts for services, supplies, materials or equipment entered into pursuant to subsection (h), (I), or (j) and submit it to the legislative coordinating council, the chairperson of the committee on ways and means of the senate, the chairperson of the committee on appropriations of the house of representatives and the chairperson of the Kansas performance review board.

(l) Except as otherwise specifically provided by law, no state agency shall enter into any lease of real property without the prior approval of the secretary of administration. A state agency shall submit to the secretary of administration such information relating to any proposed lease of real property as the secretary may require. The secretary of administration shall either approved, modify and approve or reject any such proposed lease.

(m) The director of purchases shall required all bidders on state contracts to disclose all substantial interests held by the bidder in the state.

  History: L. 1953, ch. 375, sec. 39; L. 1968, ch. 311, sec. 2; L. 1975, ch. 450, sec. 1; L. 1978, ch. 357, sec. 1; L. 1979, ch. 289, sec. 5; L. 1980, ch. 279, sec.1; L. 1981, ch. 324, sec. 25; >l 1984, ch. 325, sec. 1; L. 1987, ch. 341, sec. 5; L. 1987, ch. 196, sec. 19; L. 1987, ch. 342, sec. 1; L. 1987, ch. 343, sec. 1; L. 1987, ch. 343, sec. 2; L. 1996, ch. 201, sec. 8; L. 1998, ch. 182, sec. 27: May 21. Source or Prior Law: K.S.A. 46-1604, 46-1701, 46-2101, 46-2101, 68-2003, 75-2935, 75-3739, 75-4703, 75-4706, 75-4707, 75-4709, 75-4740, 75-4741, 75-4742, 75-4743, 75-4744, 75-5147, 75-6301, and 76-3,1000 and K.S.A. 1997 Supp. 46-2201 and 65-34,154 are hereby repealed.
   
Uniform Electronic Transactions Act K.S.A. 16-1601 THROUGH 16-1620 K.S.A. 16-1601 Short Title K.S.A. 16-1602 Definitions  
   
K.S.A. 16-1601 Short Title 16-1601. Short title.
  This act shall be known and may be cited as the uniform electronic transaction act.
  History: L. 2000, ch. 120, sec. 1; July 1.
   
K.S.A. 16-1602 Definitions 16-1602. Definitions.
  In this act:

(a) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

(b) "Automated transaction" means a transaction conducted or per- formed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction.

(c) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

(d) "Contract" means the total legal obligation resulting from the parties' agreement as affected by this act and other applicable law.

(e) "Digital signature" means a type of electronic signature consisting of a transformation of an electronic message using an asymmetric crypto system such that a person having the initial message and the signer's public key can accurately determine whether:

(1) The transformation was created using the private key that corresponds to the signer's public key; and

(2) the initial message has not been altered since the transformation was made.

(f) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

(g) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

(h) "Electronic record" means a record created, generated, sent, communicated, received or stored by electronic means.

(i) "Electronic signature" means an electronic sound, symbol or pro- cess attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(j) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution or instrumentality of the federal government or of a state or of a county, municipality or other political subdivision of a state.

(k) "Information" means data, text, images, sounds, codes, computer programs, software, databases or the like.

(l) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.

(m) "Message" means a digital representation of information.

(n) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

(o) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(p) "Registered certification authority" means a person providing certification of a digital signature who is, or is certified by, a member of the group of certification authorities approved by and registered with the secretary.

(q) "Secretary" means the Kansas secretary of state.

(r) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that re- quires the use of algorithms or other codes, identifying words or numbers, encryption, callback or other acknowledgment procedures.

(s) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

(t) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, insurance, commercial or governmental affairs.

  History: L. 2000, ch. 120, sec.2; July 1.
   
K.S.A. 16-1603 Scope 16-1603. Scope.
  (a) Except as otherwise provided in subsection (b), this act applies to electronic records and electronic signatures relating to a trans- action.

(b) This act does not apply to a transaction to the extent it is governed by:

(1) A law governing the creation and execution of wills, codicils or testamentary trusts; and

(2) the uniform commercial code, other than K.S.A. 84-1-107 and 84- 1-206 and articles 2 and 2a of chapter 84 of the Kansas Statutes Annotated, and amendments thereto.

(c) This act applies to an electronic record or electronic signature otherwise excluded from the application of this act under subsection (b) to the extent it is governed by a law other than those specified in subsection (b).

(d) A transaction subject to this act is also subject to other applicable substantive law.

  History: L. 2000, ch. 120, sec. 3; July 1.
   
K.S.A. 16-1604 Prospective application 16-1604. Prospective application.
  This act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this act.
  History: L. 2000, ch. 120, sec. 4; July 1.
   
K.S.A. 16-1605 Use of electronic records and electronic signatures 16-1605. Use of electronic records and electronic signatures.
  (a) This act does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.

(b) This act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.

(d) Except as otherwise provided in this act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has legal consequences is determined by this act and other applicable law.

(f) This act does not require any person to use or permit the use of electronic or digital signatures.

(g) Any state agency may adopt rules and regulations governing the agency's use of digital signatures as long as the rules and regulations meet or exceed those adopted by the secretary.

  History: L. 2000, ch. 120, sec. 5; July 1.
   
K.S.A. 16-1606 Construction and application 16-1606. Construction and application.
  This act must be construed and applied:

(a) To facilitate electronic transactions consistent with other appli- cable law;

(b) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(c) to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

  History: L. 2000, ch. 120, sec. 6; July 1.
   
K.S.A. 16-1607 Legal recognition of electronic records; electronic signatures and electronic contracts 16-1607. Legal recognition of electronic records; electronic signatures and electronic contracts.
  (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.

  History: L. 2000, ch. 120, sec. 7; July 1.
   
K.S.A. 16-1608 Provision of information in writing; presentation of records 16-1608. Provision of information in writing; presentation of records.
  (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirements is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

(b) If a law other than this act requires a record

(1) to be posted or displayed in a certain manner,

(2) to be sent, communicated or transmitted by a specified method, or

(3) to contain information that is formatted in a certain manner, the following rules apply:

(A) The record must be posted or displayed in the manner specified in the other law.

(B) Except as otherwise provided in subsection (d)(2), the record must be sent, communicated or transmitted by the method specified in the other law.

(C) The record must contain the information formatted in the manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

(d) The requirements of this section may not be varied by agreement, but:

(1) To the extent a law other than this act requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) that the in- formation be in the form of an electronic record capable of retention also may be varied by agreement; and (2) a requirement under a law other than this act to send, communicate or transmit a record by first-class mail, may be varied by agreement to the extent permitted by the other law.

  History: L. 2000, ch. 120, sec. 8; July 1.
   
K.S.A. 16-1609 Attribution and effect of electronic records and electronic signatures 16-1609. Attribution and effect of electronic records and electronic signatures.
  (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and otherwise as provided by law.

  History: L. 2000, ch. 120, sec. 9; July 1.
   
K.S.A. 16-1610 Effect of change or error 16-1610. Effect of change or error.
  If a change or error in an electronic record occurs in a trans mission between parties to a transaction, the following rules apply:

(a) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

(b) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(1) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;

(2) takes reasonable steps, including steps that conform to the other person's reasonable instruction, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and

(3) has not used or received any benefit or value from the consideration, if any, received from the other person.

(c) If neither paragraph (a) nor paragraph (b) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.

(d) Subsections (b) and (c) may not be varied by agreement.

  History: L. 2000, ch. 120, sec. 10; July 1.
   
K.S.A. 16-1611 Notarization and acknowledgment 16-1611. Notarization and acknowledgment.
  If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
  History: L. 2000, ch. 120, sec. 11; July 1.
   
K.S.A. 16-1612 Retention of electronic records; originals 16-1612. Retention of electronic records; originals.
  (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:

(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and

(2) remains accessible for later reference.

(b) A requirement to retain a record in accordance with subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.

(c) A person may satisfy subsection (a) by using the services of an- other person if the requirements of that subsection are satisfied.

(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a).

(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a).

(f) A record retained as an electronic record in accordance with sub- section (a) satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after the effective date of this act specifically prohibits the use of an electronic record for the specified purpose.

(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.

  History: L. 2000, ch. 120, sec. 12; July 1.
   
K.S.A. 16-1613 Admissibility in evidence 16-1613. Admissibility in evidence.
  In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
  History: L. 2000, ch. 120, sec. 13; July 1.
   
K.S.A. 16-1614 Automated transactions 16-1614. Automated transactions.
  In an automated transaction, the following rules apply:

(a) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.

(b) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

(c) The terms of the contract are determined by the substantive law applicable to it.

  History: L. 2000, ch. 120, sec. 14; July 1.
   
K.S.A. 16-1615 Time and place of sending and receipt 16-1615. Time and place of sending and receipt.
  (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

(2) is in a form capable of being processed by that system; and

(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or in- formation of the type sent and from which the recipient is able to retrieve the electronic record; and

(2) it is in a form capable of being processed by that system.

(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).

(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:

(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.

(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.

(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent cor- responds to the content received.

(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.

  History: L. 2000, ch. 120, sec. 15; July 1.
   
K.S.A. 16-1616 Transferable records 16-1616. Transferable records.
  (a) In this section, "transferable record" means an electronic record that:

(1) Would be a note under article 3 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto or a document under article 7 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto if the electronic record were in writing; and

(2) the issuer of the electronic record expressly has agreed is a transferable record.

(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(c) A system satisfies subsection (b), and a person is deemed to have control of a transferable record, if the transferable record is created, stored and assigned in such a manner that:

(1) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5) and (6), unalterable;

(2) the authoritative copy identifies the person asserting control as: (A) The person to which the transferable record was issued; or (B) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in K.S.A. 84-1-201(20), and amendments thereto, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the uniform commercial code, including, if the applicable statutory requirements under K.S.A. 84-3-302(a), 84-7-501, or 84-9-308, and amendments thereto are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable rec- ord has the same rights and defenses as an equivalent obligor under equivalent records or writings under the uniform commercial code.

(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

  History: L. 2000, ch. 120, sec. 16; July 1.
   
K.S.A. 16-1617 Registered certification authorities 16-1617. Registered certification authorities.
  (a) Any person, before entering upon the duties of a registered certification authority, shall:

(1) Register with the secretary on forms approved and provided by the secretary;

(2) pay to the secretary an annual filing fee of $1,000;

(3) file with the secretary a good and sufficient surety bond, certificate of insurance or other evidence of financial security in the amount of $100,000; and

(4) be approved by the secretary as meeting the requirements of any rules and regulations adopted by the secretary, as the secretary deter- mines appropriate, to ensure the person's financial responsibility and condition, character, qualifications and fitness to be a registered certification authority.

(b) A registered certification authority shall create, maintain and pre- serve all records that are necessary to demonstrate compliance with rules and regulations adopted by the secretary.

(c) If any person who is approved and registered with the secretary as a registered certification authority fails to maintain any of the qualifi- cations listed in subsection (a) and (b) or otherwise required by rules and regulations of the secretary, the person's registration shall be deemed lapsed.

(d) Any person who violates or fails to comply with this section and any provision related to registered certification authority and the rules and regulations of the secretary promulgated pursuant to section 18, and amendments thereto, upon notice and hearing, shall be subject to a civil penalty not to exceed $10,000 per failure or violation.

  History: L. 2000, ch. 120, sec. 17; July 1.
   
K.S.A. 16-1618 Rules and regulations 16-1618. Rules and regulations.
  The secretary may adopt rules and regulations to implement the provisions of sections 17 and 19, and amendments thereto, and related provisions thereto.
  History: L. 2000, ch. 120, sec. 18; July 1.
   
K.S.A. 16-1619 Reciprocity with other jurisdictions 16-1619. Reciprocity with other jurisdictions.
  The secretary shall have the authority to establish reciprocity with other states and nations for purposes of sections 17 and 18, and amendments thereto, and related provisions thereto.
  History: L. 2000, ch. 120, sec. 19; July 1.
   
K.S.A. 16-1620 Severability 16-1620. Severability.
  If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other pro- visions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
  History: L. 2000, ch. 120, sec. 20; July 1.
   
K.S.A. 75-104 Record of Acts 75-103. Record of Acts.
  The Governor shall keep and record, in a suitable book to be kept for that purpose, then number and title of every act presented to the governor for his or her approval, such record shall show the date of the receipt by the governor of every such act, and the date of his or her approval thereof, if he or she approve the same and the date of the governor's return of any such act with his or her objections thereto, if such return therof be made; and the governor shall cause all acts which have become laws or take effect by his or her approval or otherwise, to be deposited in the office of the secretary of state without delay.
  History: L. 1879, ch. 166, sec. 5; R.S. 1923, 75-103; L. 1975, ch. 428, sec. 5; April 14.
   
K.S.A. 75-104 Governor's records; maintenance, review, audit and disposition 75-104. Governor's records; maintenance, review, audit, and disposition.
  (a) The governor shall keep and maintain a full and complete record of the following applications or petitions made to the governor:

(1) Applications or petitions for executive pardon, commutation of sentence or clemency;

(2) applications or petitions for the appointment of a named individual to public office when a vacancy occurs and when the governor is restricted to the appointment of nominees so submitted;

(3) applications or petitions for the appointment of a person from a list of persons submitted by an association, agency or committee where the governor is limited to make an appointment only from that list;

(4) applications for the approval of grants where the governor’s approval is a condition precedent to the making of such grants either by a state agency or by the federal government;

(5) applications or petitions for declarations of emergency;

(6) petitions for the calling of a special session of the legislature pursuant to section 5 of article 1 of the constitution of the state of Kansas; and

(7) applications or petitions directed to the governor and requesting that the governor take action in accordance with subsection © of K.S.A. 75-3711 and amendments thereto and exercise a function otherwise specified by statute for the state finance council.

(b) The record required to be kept under subsection (a) and all records of the financial affairs and transactions regarding the receipt and expenditure of state moneys shall remain on file in the office of each governor during the governor’s term of office and for a period of three years following the expiration of such term.

(c) Following the three-year period prescribed in subsection
(b), all records kept and maintained pursuant to subsection (a) shall be transferred to the custody of the state historical society and the records of the financial affairs and transactions kept and maintained pursuant to subsection (b) shall be kept in the office of the governor, subject to disposal as may be authorized by the state records board.

(d) Records, correspondence, and other papers of the governor which are not required to be kept and maintained under subsections (a) or (b) shall not be subject to review or audit by the legislative post auditor under the legislative post audit act.

(e) Upon completion of the term of office as governor, all records, correspondence and other papers of the former governor not required to be kept and maintained under subsections (a) or (b) which relate to the former governor’s public duties while governor shall be transferred to the custody of the state historical society. During the lifetime of the former governor, no person shall have access to any such records, correspondence or other papers which are not required to be disclosed under K.S.A 45-221 and amendments thereto, except upon consent of the former governor, and the former governor shall be considered the official custodian of such records, correspondence, and other papers which are not required to be disclosed.

(f) Upon the death of a governor while in office, all records, correspondence and other papers of such deceased governor not required to be kept and maintained under subsections (a) or (b) which related to such governors’ duties while governor shall be transferred to the custody of the state historical society.

(g) A person elected or succeeding to the office of governor shall be governed by the provisions of this section as it existed at the time such person was elected or succeeded to such office.
  History: L. 1879, ch. 166, sec. 6; R.S. 1923, 75-104; L. 1931, ch. 288, sec. 1; L. 1978, ch. 329, sec. 1; L. 1983, ch. 171, sec. 10; L. 1984, ch. 187, sec. 10; L. 1991, ch. 255, sec. 1; July 1.
   
K.S.A. 75-105 Recordation of messages to the legislature, proclamations, executive orders, requisitions for extradition and executive warrants, location. K.S.A. 75-105. Recordation of messages to the legislature, proclamations, executive orders, requisitions for extradition and executive warrants, location.
  (a) The governor shall keep or shall provide by executive order for the keeping of a record of all executive messages to the legislature; proclamations and executive orders which shall be signed by the governor, and the governor shall provide for the recoding thereof in a book.

(b) The governor shall keep a record of all requisitions for the extradition of fugitives from justice made or received by him or her, and of all executive warrants issued by him or her. The records specified under his subsection (b) shall be located in the office of the pardon attorney.
  History: L. 1879, ch. 166, sec. 7; R.S. 1923, 75-105; L. 1975, ch. 429, sec. 1; April 29.
   
K.S.A. 19-2647 Preservation of historical records in counties; declaration of public interest. K.S.A. 19-2647. Preservation of historical records in counties; declaration of public interest.
  The collection, preservation, display and housing of records, documents and other articles of historical value or interest is hereby declared to be in the public interest.
  History: L. 1955, ch. 179, § 1; June 30.
   
K.S.A. 19-2648
Same; resolution; publication; protest petition; election.
K.S.A. 19-2648. Same; resolution; publication; protest petition; election.
  The board of county commissioners of any county may provide for the collection of records, documents and other articles of historical value or interest and may establish, maintain, display and provide housing for, within the courthouse or elsewhere, an historical collection of the records, documents and other articles so collected in the manner hereinafter provided. Any such board desiring to so collect such things of historical value or interest and to so establish, maintain, display and provide housing for an historical collection shall adopt a resolution declaring their intent to do so and that the same is of historical and educational value. Said resolution shall be published once each week for two (2) consecutive weeks in the official county paper. If a petition in opposition to the making of such collection and the establishment, maintenance, display and housing of such historical collection, signed by a number of legal electors of the county equal to or greater than ten percent (10%) of the total vote cast for the office of secretary of state in such county at the last preceding general election is not filed with the county clerk within sixty (60) days after the date of last publication of said resolution, said board may proceed to provide for such collection and establish, maintain, display and provide housing for such historical collection.

If such petition shall be filed, then the question of the providing for such collection and the establishment, maintenance, display and housing of such collection shall be submitted, at the next general election, to the legal electors of the county for their approval or rejection in the manner provided by K.S.A. 25-605. The question shall be stated on the ballot substantially as follows:

"Shall the board of county commissioners of ____________ county (here insert name of county) provide for the collection of records, documents and articles of historical value or interest and establish, maintain, display and provide housing for an historical collection of such records, documents and articles?"

If a majority of those voting on the question shall vote in favor of said proposition, then the board of county commissioners shall proceed to provide for such collection and establish, maintain, display and provide housing for such an historical collection but if a majority of the votes cast shall be against such proposition then said board shall proceed no further.
  History: L. 1955, ch. 179, § 2; L. 1961, ch. 142, § 1; June 30.
   
K.S.A. 19-2649
Same; supervisor or curator; appointment, compensation, duties; designation of incorporated museum or society as supervisor or curator, when, compensation.
K.S.A. 19-2649. Same; supervisor or curator; appointment, compensation, duties; designation of incorporated museum or society as supervisor or curator, when, compensation.
  Any such board which has established an historical collection as provided in this act, may appoint and fix the compensation of a supervisor or curator for such historical collection. The board may appoint as supervisor or curator a person who is a county officer or employee, and if such a county officer or employee is appointed the compensation fixed by said board shall be in addition to his compensation as such other county officer or employee and no other statute fixing or limiting the compensation of county officers or employees shall apply to the compensation received as such supervisor or curator. Said supervisor or curator shall have charge of said historical collection, arrange for its display, care and maintenance and shall perform such other duties in connection therewith as said board may require. If there is an incorporated museum or an incorporated historical or similar society located within the county, such society may be designated by said board as the supervisor or curator of such historical collection, and said board may provide to the society such compensation, funds or reimbursements for establishing, collecting, supervising, housing, displaying, caring for and maintaining such historical collection as shall be agreed upon by the board and the society.
  History: L. 1955, ch. 179, § 3; L. 1961, ch. 143, § 1; April 7.
   
K.S.A. 19-2650
Same; acceptance of gifts or loans.
K.S.A. 19-2650. Same; acceptance of gifts or loans.
  Said board may accept bequests, gifts, donations or loans of documents, records and articles of historical value or interest for such historical collection and also bequests, gifts or donations of money or other things of value to be used in carrying out the provisions of this act.
  History: L. 1955, ch. 179, § 4; June 30.
   
19-2651
Same; tax levy, use of proceeds; adoption and publication of resolution; protest petition and election.
19-2651. Same; tax levy, use of proceeds; adoption and publication of resolution; protest petition and election.
  In order to provide funds to carry out the provisions of this act and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, the board of county commissioners may levy an annual tax on all the taxable tangible property in the county. In Pawnee and Stafford counties such tax levy may be made in an amount not to exceed 3/10 of one mill on such property.

No tax levy greater than the amount authorized by law prior to the effective date of this act shall be made under authority of this section until the county commissioners of the county proposing to make such levy shall have adopted a resolution specifying the tax levy proposed to be made and the proposition for which the tax will be levied. Such resolution shall provide that if a petition in opposition to the tax levy, signed by not less than 10% of the qualified electors in the county, is filed with the county election officer within 40 days after the publication of the resolution, the tax levy will not be made unless first approved at a question submitted election which shall be called for that purpose or at the next general election. Such resolution shall be published once each week for two consecutive weeks in a newspaper having general circulation in the county. In the event that no petition as specified above is filed in accordance with the provisions of such notice, the governing body of such county may make the tax levy specified in the resolution. If such a petition is filed as provided in such notice, the board of county commissioners of the county may notify the county election officer of the date of an election to be held to submit the question of whether such tax levy shall be authorized. If a majority of the electors of the county voting on the question are in favor of the tax levy, the governing body may thereafter make the same.
  History: L. 1955, ch. 179, § 5; L. 1963, ch. 181, § 1; L. 1965, ch. 168, § 1; L. 1970, ch. 111, § 1; L. 1975, ch. 162, § 21; L. 1976, ch. 131, § 1; L. 1979, ch. 52, § 114; L. 1982, ch. 120, § 1; L. 1987, ch. 102, § 1; L. 1990, ch. 66, § 27; May 31.
   
K.S.A. 12-1658
Historical collections; housing and display.
K.S.A. 12-1658. Historical collections; housing and display.
  The governing body of any city of any class may provide for the collection of records, documents and any other papers or articles of any nature of historical value or interest and may establish, maintain, display and provide housing for within the city hall, city library, or elsewhere, an historical collection of the records, documents and other papers or articles so collected in such manner as such governing body may deem suitable and proper.
  History: L. 1959, ch. 85, § 2; June 30.
   
12-1659
Same; supervisor or curator; compensation.
12-1659. Same; supervisor or curator; compensation.
  Such governing body which has established an historical collection as provided in this act, may appoint and fix the compensation of a supervisor or curator for such historical collection. If such supervisor or curator is a person who is a city officer or employee, such compensation shall be in addition to other compensation he or she may receive.
  History: L. 1959, ch. 85, § 3; June 30.
   
12-1660
Same; historical society as supervisor or curator, when; compensation.
12-1660. Same; historical society as supervisor or curator, when; compensation.
  If there is within the city or county in which such historical collection as provided in this act is established, an organized historical society, such society may be designated by the governing body as supervisor or curator of such historical collection, and the governing body may provide to such society compensation, funds or reimbursements for supervising, housing, displaying, caring for and maintaining such collection.
  History: L. 1959, ch. 85, § 4; June 30.
   
12-1661
Same; tax levy, use of proceeds.
12-1661. Same; tax levy, use of proceeds.
  In order to provide funds to carry out the provisions of this act and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto, the governing body of any city may levy an annual tax on all the taxable tangible property in the city.
  History: L. 1959, ch. 85, § 5; L. 1970, ch. 69, § 10; L. 1975, ch. 494, § 10; L. 1979, ch. 52, § 46; July 1.
   

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.