20-208. Exchanges, distribution and sale of Kansas reports; preservation of proofs, matrices, plates, computer tapes and impressions; use for computerized legal research.
20-208
20-208. Exchanges, distribution and sale of Kansas reports; preservationof proofs, matrices, plates, computer tapes and impressions; use for computerizedlegal research.(a) When the reports of the decisions of the supreme court or court ofappeals are delivered, the state law librarian shall use as many thereofas may be necessary to maintain reasonable and equitable exchanges ofsuch reports for law books and other legal publications of the otherstates, territories, countries, societies and institutions, for use inthe supreme court law library. As used herein, "Kansas reports" shallmean the reports of the decisions of the supreme court and court ofappeals. The state law librarian shall distribute copies of the Kansasreports without charge, as follows:
(1) The supreme court, the court of appeals and the office of theattorney general shall receive the number of copies necessary to conductthe official business of such office, as certified to the state lawlibrarian by the head or executive officer of the respective agencies;
(2) The office of each elected state official, other than thosespecifically provided for herein, shall receive one copy;
(3) The law library of the school of law of the university of Kansasshall receive 30 copies to maintain its sets of Kansas reportsand for exchange purposes, and the law library of the school of law ofWashburn university of Topeka shall receive 30 copies tomaintain its sets of Kansas reports and for exchange purposes;
(4) The state library and the libraries of Emporia state university,Fort Hays state university, Pittsburg state university, Kansas stateuniversity, and Wichita state university shall receive two copies tomaintain its set of Kansas reports;
(5) The United States district court for the district of Kansasshall receive six copies;
(6) The office of each judge of the district court shall eachreceive one copy;
(7) The Lansing correctional facility andthe Hutchinson correctional facility shall each receiveone copy for the use ofinmates at such institutions and one copy for the use of the legaladvisor at such institutions;
(8) The library of congress shall receive two copies in order tocomplete the copyright of said reports;
(9) One copy shall be deposited with the appropriate office of theUnited States post office in order to obtain a postal permit for mailingsuch reports;
(10) A personal copy of the reports shall be presented to eachjustice of the supreme court, each judge of the court of appeals, theclerk of the supreme court, the supreme court reporter, and the judicialadministrator of the district courts. Also, a personal copy shall besent to any retired supreme court justice, judge of the court ofappeals, district judge or associate district judge, if such retiredjudge or justice files with the clerk of the supreme court annually acertificate stating that such judge or justice is notengaged in the active practiceof law and is willing to accept judicial assignments; and
(11) The legislative coordinating council shall receive the numberof copies necessary to conduct the official business of the legislativebranch of government, as certified to the state law librarian by thelegislative coordinating council.
(b) Except as otherwise specifically provided in paragraph (10) ofsubsection (a), all copies of the Kansas reports distributed pursuant tosubsection (a) or purchased by any governmental agency or subdivisionshall become the property of such office, agency or subdivision, whichshall be accountable therefor, and the state law librarian shall notdistribute any reports to any others or for any other purpose, but shallbe responsible for the remaining volumes of said reports, which shall besold at the per volume price fixed by the supreme court underthis section for each currentvolume, plus the amount fixed by the supreme court under this section forthe cost of postage and handling, andthe per volume price fixed by the supreme court under this section for eachnoncurrent volume which has notbeen reprinted, plus the amount fixed by the supreme court under this sectionfor the cost of postage andhandling. The supreme court shall have authority to order printed suchadditional copies of the reports of the supreme court as in itsjudgment will be necessary to supply the demand upon the state lawlibrarian for the same. The state law librarian shall sell anynoncurrent volume which is reprinted at the per volume price fixed by thesupreme court under this section, plus the amount fixed by the supreme courtunder this section for the cost of postage andhandling. All purchases of reports shall be made by payment in advance.The supreme court shall fix the per volume price for copies of these Kansasreports sold under this section to recover the costs of printing and bindingsuch volumes and shall fix the amount to be charged in connection with thesale of each of such volumes to cover the costs of postage and handlingapplicable thereto. The supreme court shall revise all such prices fromtime to time as necessary for the purposes of covering or recovering such costs.
(c) It shall be the duty of the director of printing, under thedirection of the supreme court, to make and preserve for future useproofs, matrices, plates, computer tapes or impressions of all volumesof the reports of the supreme court and such other publications as thesupreme court may designate. The director of printing shall not make orpermit to be made any proofs, matrices, plates, computer tapes orimpressions of any book published by the judicial branch of the stategovernment except for the use of the state, as herein provided, and allproofs, matrices, plates, computer tapes or impressions so made for anybook published by the judicial branch of the state government shall bethe exclusive property of the state, except that the director ofprinting may grant a revocable license to any nonprofit corporationwhereby such corporation may utilize the services of equipment andpersonnel under the supervision of the director of printing for thepurpose of converting reports of the Kansas supreme court and the Kansascourt of appeals to machine readable form for use by such corporation inproviding computerized legal research services, subject to protection ofthe state's copyright as to any purpose unnecessary for suchcomputerized legal research.
History: L. 1909, ch. 117, § 1; R.S. 1923, 20-208; L. 1941,ch. 206, § 1; L. 1947, ch. 221, § 1; L. 1960, ch. 46, § 1; L. 1965,ch. 213, § 1; L. 1969, ch. 164, § 1; L. 1970, ch. 118, § 1; L. 1974,ch. 135, § 6; L. 1975, ch. 181, § 1; L. 1976, ch. 147, § 4; L. 1976,ch. 151, § 4; L. 1977, ch. 106, § 1; L. 1978, ch. 109, § 1; L.1980, ch. 95, § 1;L. 1990, ch. 309, § 10; May 24.