Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-219.Abstracts or copies of records; fees.(a) Any person may make abstracts or obtain copies of any public record towhich such person has access under this act. If copies are requested, thepublic agency may require a written request and advance payment of theprescribed fee. A public agency shall not be required to provide copies ofradio or recording tapes or discs, video tapes or films, pictures, slides,graphics, illustrations or similar audio or visual items or devices, unlesssuch items or devices were shown or played to a public meeting of thegoverning body thereof, but the public agency shall not be required toprovide such items or devices which are copyrighted by a person other thanthe public agency.
(b) Copies of public records shall be made while the records are in thepossession, custody and control of the custodian or a person designated bythe custodian and shall be made under the supervision of such custodian orperson. When practical, copies shall be made in the place where therecords are kept. If it is impractical to do so, the custodian shall allowarrangements to be made for use of other facilities. If it is necessary touse other facilities for copying, the cost thereof shall be paid by theperson desiring a copy of the records. In addition, the public agency maycharge the same fee for the services rendered in supervising the copying asfor furnishing copies under subsection (c) and may establish a reasonableschedule of times for making copies at other facilities.
(c) Except as provided by subsection (f) or where fees for inspection orfor copies of a public record are prescribed by statute, each public agencymay prescribe reasonable fees for providing access to or furnishing copiesof public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not exceedthe actual cost of furnishing copies, including the cost of staff timerequired to make the information available.
(2) In the case of fees for providing access to records maintained oncomputer facilities, the fees shall include only the cost of any computerservices, including staff time required.
(3) Fees for access to or copies of public records of public agencieswithin the legislative branch of the state government shall be establishedin accordance with K.S.A. 46-1207a and amendments thereto.
(4) Fees for access to or copies of public records of public agencieswithin the judicial branch of the state government shall be established inaccordance with rules of the supreme court.
(5) Fees for access to or copies of public records of a public agencywithin the executive branch of the state government shall be establishedby the agency head. Any person requesting records may appeal thereasonableness of the fees charged for providing access to or furnishingcopies of such records to the secretary of administration whose decisionshall be final. A fee for copies of public records which is equal to orless than $.25 per page shall be deemed a reasonable fee.
(d) Except as otherwise authorized pursuant to K.S.A. 75-4215 andamendments thereto, each public agency within the executive branch of thestate government shall remit all moneys received by or for it from feescharged pursuant to this section to the state treasurer in accordance withK.S.A. 75-4215 and amendments thereto. Unless otherwise specificallyprovided by law, the state treasurer shall deposit the entire amountthereof in the state treasury and credit the same to the state generalfund or an appropriate fee fund as determined by the agency head.
(e) Each public agency of a political or taxing subdivision shall remitall moneys received by or for it from fees charged pursuant to this act tothe treasurer of such political or taxing subdivision at least monthly.Upon receipt of any such moneys, such treasurer shall deposit the entireamount thereof in the treasury of the political or taxing subdivision andcredit the same to the general fund thereof, unless otherwise specificallyprovided by law.
(f) Any person who is a certified shorthand reporter may charge fees fortranscripts of such person's notes of judicial or administrativeproceedings in accordance with rates established pursuant to rules of theKansas supreme court.
History: L. 1984, ch. 187, § 5; L. 1984, ch. 282; § 2;L. 1994, ch. 100, § 1;L. 1995, ch. 135, § 1; July 1.
Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-219.Abstracts or copies of records; fees.(a) Any person may make abstracts or obtain copies of any public record towhich such person has access under this act. If copies are requested, thepublic agency may require a written request and advance payment of theprescribed fee. A public agency shall not be required to provide copies ofradio or recording tapes or discs, video tapes or films, pictures, slides,graphics, illustrations or similar audio or visual items or devices, unlesssuch items or devices were shown or played to a public meeting of thegoverning body thereof, but the public agency shall not be required toprovide such items or devices which are copyrighted by a person other thanthe public agency.
(b) Copies of public records shall be made while the records are in thepossession, custody and control of the custodian or a person designated bythe custodian and shall be made under the supervision of such custodian orperson. When practical, copies shall be made in the place where therecords are kept. If it is impractical to do so, the custodian shall allowarrangements to be made for use of other facilities. If it is necessary touse other facilities for copying, the cost thereof shall be paid by theperson desiring a copy of the records. In addition, the public agency maycharge the same fee for the services rendered in supervising the copying asfor furnishing copies under subsection (c) and may establish a reasonableschedule of times for making copies at other facilities.
(c) Except as provided by subsection (f) or where fees for inspection orfor copies of a public record are prescribed by statute, each public agencymay prescribe reasonable fees for providing access to or furnishing copiesof public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not exceedthe actual cost of furnishing copies, including the cost of staff timerequired to make the information available.
(2) In the case of fees for providing access to records maintained oncomputer facilities, the fees shall include only the cost of any computerservices, including staff time required.
(3) Fees for access to or copies of public records of public agencieswithin the legislative branch of the state government shall be establishedin accordance with K.S.A. 46-1207a and amendments thereto.
(4) Fees for access to or copies of public records of public agencieswithin the judicial branch of the state government shall be established inaccordance with rules of the supreme court.
(5) Fees for access to or copies of public records of a public agencywithin the executive branch of the state government shall be establishedby the agency head. Any person requesting records may appeal thereasonableness of the fees charged for providing access to or furnishingcopies of such records to the secretary of administration whose decisionshall be final. A fee for copies of public records which is equal to orless than $.25 per page shall be deemed a reasonable fee.
(d) Except as otherwise authorized pursuant to K.S.A. 75-4215 andamendments thereto, each public agency within the executive branch of thestate government shall remit all moneys received by or for it from feescharged pursuant to this section to the state treasurer in accordance withK.S.A. 75-4215 and amendments thereto. Unless otherwise specificallyprovided by law, the state treasurer shall deposit the entire amountthereof in the state treasury and credit the same to the state generalfund or an appropriate fee fund as determined by the agency head.
(e) Each public agency of a political or taxing subdivision shall remitall moneys received by or for it from fees charged pursuant to this act tothe treasurer of such political or taxing subdivision at least monthly.Upon receipt of any such moneys, such treasurer shall deposit the entireamount thereof in the treasury of the political or taxing subdivision andcredit the same to the general fund thereof, unless otherwise specificallyprovided by law.
(f) Any person who is a certified shorthand reporter may charge fees fortranscripts of such person's notes of judicial or administrativeproceedings in accordance with rates established pursuant to rules of theKansas supreme court.
History: L. 1984, ch. 187, § 5; L. 1984, ch. 282; § 2;L. 1994, ch. 100, § 1;L. 1995, ch. 135, § 1; July 1.
Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-219.Abstracts or copies of records; fees.(a) Any person may make abstracts or obtain copies of any public record towhich such person has access under this act. If copies are requested, thepublic agency may require a written request and advance payment of theprescribed fee. A public agency shall not be required to provide copies ofradio or recording tapes or discs, video tapes or films, pictures, slides,graphics, illustrations or similar audio or visual items or devices, unlesssuch items or devices were shown or played to a public meeting of thegoverning body thereof, but the public agency shall not be required toprovide such items or devices which are copyrighted by a person other thanthe public agency.
(b) Copies of public records shall be made while the records are in thepossession, custody and control of the custodian or a person designated bythe custodian and shall be made under the supervision of such custodian orperson. When practical, copies shall be made in the place where therecords are kept. If it is impractical to do so, the custodian shall allowarrangements to be made for use of other facilities. If it is necessary touse other facilities for copying, the cost thereof shall be paid by theperson desiring a copy of the records. In addition, the public agency maycharge the same fee for the services rendered in supervising the copying asfor furnishing copies under subsection (c) and may establish a reasonableschedule of times for making copies at other facilities.
(c) Except as provided by subsection (f) or where fees for inspection orfor copies of a public record are prescribed by statute, each public agencymay prescribe reasonable fees for providing access to or furnishing copiesof public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not exceedthe actual cost of furnishing copies, including the cost of staff timerequired to make the information available.
(2) In the case of fees for providing access to records maintained oncomputer facilities, the fees shall include only the cost of any computerservices, including staff time required.
(3) Fees for access to or copies of public records of public agencieswithin the legislative branch of the state government shall be establishedin accordance with K.S.A. 46-1207a and amendments thereto.
(4) Fees for access to or copies of public records of public agencieswithin the judicial branch of the state government shall be established inaccordance with rules of the supreme court.
(5) Fees for access to or copies of public records of a public agencywithin the executive branch of the state government shall be establishedby the agency head. Any person requesting records may appeal thereasonableness of the fees charged for providing access to or furnishingcopies of such records to the secretary of administration whose decisionshall be final. A fee for copies of public records which is equal to orless than $.25 per page shall be deemed a reasonable fee.
(d) Except as otherwise authorized pursuant to K.S.A. 75-4215 andamendments thereto, each public agency within the executive branch of thestate government shall remit all moneys received by or for it from feescharged pursuant to this section to the state treasurer in accordance withK.S.A. 75-4215 and amendments thereto. Unless otherwise specificallyprovided by law, the state treasurer shall deposit the entire amountthereof in the state treasury and credit the same to the state generalfund or an appropriate fee fund as determined by the agency head.
(e) Each public agency of a political or taxing subdivision shall remitall moneys received by or for it from fees charged pursuant to this act tothe treasurer of such political or taxing subdivision at least monthly.Upon receipt of any such moneys, such treasurer shall deposit the entireamount thereof in the treasury of the political or taxing subdivision andcredit the same to the general fund thereof, unless otherwise specificallyprovided by law.
(f) Any person who is a certified shorthand reporter may charge fees fortranscripts of such person's notes of judicial or administrativeproceedings in accordance with rates established pursuant to rules of theKansas supreme court.
History: L. 1984, ch. 187, § 5; L. 1984, ch. 282; § 2;L. 1994, ch. 100, § 1;L. 1995, ch. 135, § 1; July 1.
