Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-221.Certain records not required to be open;separation of open and closed information required; statistics and records over70 years old open. [See Revisor's Note](a) Except to the extent disclosure is otherwise required by law, a publicagency shall not be required to disclose:
(1) Records the disclosure of which is specifically prohibited orrestricted by federal law, state statute or rule of the Kansas supremecourt or rule of thesenate committee on confirmation oversight relating toinformation submitted to the committee pursuant to K.S.A. 2009 Supp. 75-4315d,and amendments thereto, or thedisclosure of which is prohibited or restricted pursuant tospecific authorization of federal law, state statute or rule of the Kansassupreme courtor rule of thesenate committee on confirmation oversight relating toinformation submitted to the committee pursuant to K.S.A. 2009 Supp. 75-4315d,and amendments thereto,to restrict or prohibit disclosure.
(2) Records which are privileged under the rules of evidence, unless theholder of the privilege consents to the disclosure.
(3) Medical, psychiatric, psychological or alcoholism or drug dependencytreatment records which pertain to identifiable patients.
(4) Personnel records, performance ratings or individually identifiablerecords pertaining to employees or applicants for employment, except thatthis exemption shall not apply to the names, positions, salaries or actualcompensation employment contracts or employment-related contracts oragreementsandlengths of service of officers and employees of public agencies once theyare employed as such.
(5) Information which would reveal the identity of any undercover agentor any informant reporting a specific violation of law.
(6) Letters of reference or recommendation pertaining to the characteror qualifications of an identifiable individual, except documents relatingto the appointment of persons to fill a vacancy in an elected office.
(7) Library, archive and museum materials contributed by private persons, tothe extent of any limitations imposed as conditions of the contribution.
(8) Information which would reveal the identity of an individual wholawfully makes a donation to a public agency, if anonymity of the donor isa condition of the donation, except if the donation is intended for orrestricted to providing remuneration or personal tangible benefit to a namedpublic officer or employee.
(9) Testing and examination materials, before the test or examination isgiven or if it is to be given again, or records of individual test orexamination scores, other than records which show only passage or failureand not specific scores.
(10) Criminal investigation records, except as providedherein. The district court, inan action brought pursuant to K.S.A. 45-222, and amendments thereto, may orderdisclosure of such records, subject to such conditions as the court may impose,if the court finds that disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement action,criminal investigation or prosecution;
(C) would not reveal the identity of any confidential source orundercover agent;
(D) would not reveal confidential investigative techniques or proceduresnot known to the general public;
(E) would not endanger the life or physical safety of any person; and
(F) would not reveal the name, address, phone number or any otherinformation which specifically and individually identifies the victim of anysexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated,and amendments thereto.
If a public record is discretionarily closed by a public agency pursuant tothis subsection, the record custodian, upon request, shall provide a writtencitation to the specific provisions of paragraphs (A) through (F) thatnecessitate closure of that public record.
(11) Records of agencies involved in administrative adjudication orcivil litigation, compiled in the process of detecting or investigatingviolations of civil law or administrative rules and regulations, ifdisclosure would interfere with a prospective administrative adjudicationor civil litigation or reveal the identity of a confidential source orundercover agent.
(12) Records of emergency or security information or procedures of a publicagency, or plans, drawings, specifications or related information for anybuilding or facility which is used for purposes requiring security measures inor around the building or facility or which is used for the generation ortransmission of power, water, fuels or communications, if disclosure wouldjeopardize security of the public agency, building or facility.
(13) The contents of appraisals or engineering or feasibility estimatesor evaluations made by or for a public agency relative to the acquisitionof 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 orenforcement responsibility of the public agency or which is widelydistributed to the public by a public agency and is not specifically inresponse to communications from such a private individual.
(15) Records pertaining to employer-employee negotiations, if disclosurewould reveal information discussed in a lawful executive session underK.S.A. 75-4319, and amendments thereto.
(16) Software programs for electronic data processing and documentationthereof, but each public agency shall maintain a register, open to thepublic, that describes:
(A) The information which the agency maintains on computer facilities; and
(B) the form in which the information can be made available usingexisting computer programs.
(17) Applications, financial statements and other information submittedin connection with applications for student financial assistance wherefinancial need is a consideration for the award.
(18) Plans, designs, drawings or specifications which are prepared by aperson other than an employee of a public agency or records which are theproperty of a private person.
(19) Well samples, logs or surveys which the state corporationcommission requires to be filed by persons who have drilled or caused to bedrilled, or are drilling or causing to be drilled, holes for the purpose ofdiscovery or production of oil or gas, to the extent that disclosure islimited 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 whichopinions are expressed or policies or actions are proposed, except that thisexemption shall not apply when such records are publicly cited or identified inan open meeting or in an agenda of an open meeting.
(21) Records of a public agency having legislative powers, which recordspertain 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 ofan open meeting; or
(B) distributed to a majority of a quorum of any body which hasauthority to take action or make recommendations to the public agency withregard to the matters to which such records pertain.
(22) Records of a public agency having legislative powers, which recordspertain to research prepared for one or more members of such agency, exceptthat this exemption shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda ofan open meeting; or
(B) distributed to a majority of a quorum of any body which hasauthority to take action or make recommendations to the public agency withregard to the matters to which such records pertain.
(23) Library patron and circulation records which pertain toidentifiable individuals.
(24) Records which are compiled for census or research purposes andwhich 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 individuallyidentifiable residential customers of the utility or service, except thatinformation concerning billings for specific individual customers named by therequester shall be subject to disclosure as provided by this act.
(27) Specifications for competitive bidding, until the specificationsare officially approved by the public agency.
(28) Sealed bids and related documents, until a bid is accepted or allbids rejected.
(29) Correctional records pertaining to an identifiable inmate orrelease, except that:
(A) The name; photograph and other identifying information; sentence data;parole eligibility date; custody or supervision level; disciplinary record;supervision violations; conditions of supervision, excluding requirementspertaining to mental health or substance abuse counseling; location of facilitywhere incarcerated or location of parole office maintaining supervision andaddress of a releasee whose crime was committed after the effective date ofthis act shall be subject to disclosure to any person other than another inmateor releasee, except that the disclosure of the location of an inmatetransferred to another state pursuant to the interstate corrections compactshall be at the discretion of the secretary of corrections;
(B) the ombudsman of corrections, the attorney general, law enforcementagencies, counsel for the inmate to whom the record pertains and any county ordistrict attorney shall have access to correctional records to the extentotherwise permitted by law;
(C) the information provided to the law enforcement agency pursuant to thesex offender registration act, K.S.A. 22-4901 et seq., andamendments thereto, shall be subject to disclosure to any person, except thatthe name, address, telephone number or any other information which specificallyand individually identifies the victim of any offender required to register asprovided by the Kansas offender registration act, K.S.A. 22-4901 etseq. and amendments thereto, shall not be disclosed; and
(D) records of the department of corrections regarding the financial assetsof an offender in the custody of the secretary of corrections shall be subjectto disclosure to the victim, or such victim's family, of the crime for whichthe inmate is in custody as set forth in an order of restitution by thesentencing court.
(30) Public records containing information of a personal nature wherethe public disclosure thereof would constitute a clearly unwarrantedinvasion of personal privacy.
(31) Public records pertaining to prospective location of a business orindustry where no previous public disclosure has been made of the business'or industry's interest in locating in, relocating within or expandingwithin the state. This exception shall not include those recordspertaining to application of agencies for permits or licenses necessary todo business or to expand business operations within this state, except asotherwise provided by law.
(32) Engineering and architectural estimates made by or for any publicagency relative to public improvements.
(33) Financial information submitted by contractors in qualificationstatements to any public agency.
(34) Records involved in the obtaining and processing of intellectualproperty rights that are expected to be, wholly or partially vested in orowned by a state educational institution, as defined in K.S.A. 76-711, andamendments thereto, or an assignee of the institution organized andexisting for the benefit of the institution.
(35) Any report or record which is made pursuant to K.S.A. 65-4922, 65-4923or 65-4924, and amendments thereto, and which is privileged pursuant to K.S.A.65-4915 or 65-4925, and amendments thereto.
(36) Information which would reveal the precise location of anarcheological site.
(37) Any financial data or traffic information from a railroad company, to apublic agency, concerning the sale, lease or rehabilitation of the railroad'sproperty in Kansas.
(38) Risk-based capital reports, risk-based capital plans and correctiveorders including the working papers and the results of any analysis filed withthe commissioner of insurance in accordance with K.S.A. 40-2c20 and40-2d20, andamendments thereto.
(39) Memoranda and related materials required to be used to support theannual actuarial opinions submitted pursuant to subsection (b) of K.S.A.40-409, and amendments thereto.
(40) Disclosure reports filed with the commissioner of insurance undersubsection (a) of K.S.A. 40-2,156, and amendments thereto.
(41) All financial analysis ratios and examinationsynopses concerninginsurance companies that are submitted to the commissioner by the nationalassociation of insurance commissioners' insurance regulatory informationsystem.
(42) Any records the disclosure of which is restricted orprohibited by atribal-state gaming compact.
(43) Market research, market plans, business plans and theterms andconditions of managed care or other third party contracts, developed or enteredinto by the university of Kansas medical center in the operation and managementof the university hospital which the chancellor of the university of Kansas orthe chancellor's designee determines would give an unfair advantage tocompetitors of the university of Kansas medical center.
(44) The amount of franchise tax paid to the secretary ofrevenue or thesecretary of state by domestic corporations, foreign corporations, domesticlimited liability companies, foreign limited liability companies, domesticlimited partnership, foreign limited partnership, domestic limited liabilitypartnerships and foreign limited liability partnerships.
(45) Records, other than criminal investigation records, thedisclosure of which would pose a substantial likelihood ofrevealing security measures that protect: (A) Systems, facilities or equipmentused in the production, transmission or distribution of energy, water orcommunications services; (B) transportation and sewer orwastewater treatment systems,facilities or equipment; or (C) private property or persons, if the recordsare submitted to the agency.For purposes of this paragraph, security meansmeasures that protect against criminal acts intended to intimidate or coercethe civilian population, influence government policy by intimidation orcoercion or to affect the operation of government by disruption of publicservices, mass destruction, assassination or kidnapping.Security measures include, but are not limited to, intelligence information,tactical plans, resource deployment and vulnerability assessments.
(46) Any information or material received by the register of deeds of acounty from military discharge papers (DD Form 214). Such papersshall be disclosed: To the military dischargee; to such dischargee's immediatefamily members and lineal descendants; to such dischargee's heirs, agents orassigns; to the licensed funeral director who has custody of the body of thedeceased dischargee; when required by a department or agency of the federal orstate government or a political subdivision thereof; when the form is requiredto perfect the claim of military service or honorable discharge or a claim ofa dependent of the dischargee; and upon the written approval of thecommissioner of veterans affairs, to a person conducting research.
(47) Information that would reveal the location of a shelter or a safehouseor similar place where persons are provided protection from abuse or thename, address, location or other contact information of alleged victims ofstalking, domestic violence or sexual assault.
(48) Policy information provided by an insurance carrier in accordancewith subsection (h)(1) of K.S.A. 44-532, and amendments thereto. This exemptionshall not be construed to preclude access to an individual employer's recordfor the purpose of verification of insurance coverage or to the department oflabor for their business purposes.
(b) Except to the extent disclosure is otherwise required by law or asappropriate during the course of an administrative proceeding or on appealfrom agency action, a public agency or officer shall not disclose financialinformation of a taxpayer which may be required or requested by a countyappraiser or the director of property valuation to assist in the determinationof the value of the taxpayer's property for ad valorem taxation purposes; orany financial information of a personal nature required or requested by apublic agency or officer, including a name, job description or title revealingthe salary or other compensation of officers, employees or applicants foremployment with a firm, corporation or agency, except a public agency. Nothingcontained herein shall be construed to prohibit the publication of statistics,so classified as to prevent identification of particular reports or returns andthe items thereof.
(c) As used in this section, the term "cited or identified" shall not includea 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 disclosurepursuant to this act, the public agency shall separate or delete such materialand make available to the requester that material in the public record which issubject to disclosure pursuant to this act. If a public record is not subjectto disclosure because it pertains to an identifiable individual, the publicagency shall delete the identifying portions of the record and make availableto the requester any remaining portions which are subject to disclosurepursuant to this act, unless the request is for a record pertaining to aspecific individual or to such a limited group of individuals that theindividuals' identities are reasonably ascertainable, the public agency shallnot be required to disclose those portions of the record which pertain to suchindividual or individuals.
(e) The provisions of this section shall not be construed to exempt frompublic disclosure statistical information not descriptive of anyidentifiable person.
(f) Notwithstanding the provisions of subsection (a), any public record whichhas been in existence more than 70 years shall be open for inspection by anyperson unless disclosure of the record is specifically prohibited or restrictedby federal law, state statute or rule of the Kansas supreme court or by apolicy adopted pursuant to K.S.A. 72-6214, and amendments thereto.
(g) Any confidential records or information relating to security measuresprovided or received under the provisions of subsection (a)(45) shall not besubject to subpoena, discovery or other demand in any administrative, criminalor civil action.
Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-221.Certain records not required to be open;separation of open and closed information required; statistics and records over70 years old open. [See Revisor's Note](a) Except to the extent disclosure is otherwise required by law, a publicagency shall not be required to disclose:
(1) Records the disclosure of which is specifically prohibited orrestricted by federal law, state statute or rule of the Kansas supremecourt or rule of thesenate committee on confirmation oversight relating toinformation submitted to the committee pursuant to K.S.A. 2009 Supp. 75-4315d,and amendments thereto, or thedisclosure of which is prohibited or restricted pursuant tospecific authorization of federal law, state statute or rule of the Kansassupreme courtor rule of thesenate committee on confirmation oversight relating toinformation submitted to the committee pursuant to K.S.A. 2009 Supp. 75-4315d,and amendments thereto,to restrict or prohibit disclosure.
(2) Records which are privileged under the rules of evidence, unless theholder of the privilege consents to the disclosure.
(3) Medical, psychiatric, psychological or alcoholism or drug dependencytreatment records which pertain to identifiable patients.
(4) Personnel records, performance ratings or individually identifiablerecords pertaining to employees or applicants for employment, except thatthis exemption shall not apply to the names, positions, salaries or actualcompensation employment contracts or employment-related contracts oragreementsandlengths of service of officers and employees of public agencies once theyare employed as such.
(5) Information which would reveal the identity of any undercover agentor any informant reporting a specific violation of law.
(6) Letters of reference or recommendation pertaining to the characteror qualifications of an identifiable individual, except documents relatingto the appointment of persons to fill a vacancy in an elected office.
(7) Library, archive and museum materials contributed by private persons, tothe extent of any limitations imposed as conditions of the contribution.
(8) Information which would reveal the identity of an individual wholawfully makes a donation to a public agency, if anonymity of the donor isa condition of the donation, except if the donation is intended for orrestricted to providing remuneration or personal tangible benefit to a namedpublic officer or employee.
(9) Testing and examination materials, before the test or examination isgiven or if it is to be given again, or records of individual test orexamination scores, other than records which show only passage or failureand not specific scores.
(10) Criminal investigation records, except as providedherein. The district court, inan action brought pursuant to K.S.A. 45-222, and amendments thereto, may orderdisclosure of such records, subject to such conditions as the court may impose,if the court finds that disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement action,criminal investigation or prosecution;
(C) would not reveal the identity of any confidential source orundercover agent;
(D) would not reveal confidential investigative techniques or proceduresnot known to the general public;
(E) would not endanger the life or physical safety of any person; and
(F) would not reveal the name, address, phone number or any otherinformation which specifically and individually identifies the victim of anysexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated,and amendments thereto.
If a public record is discretionarily closed by a public agency pursuant tothis subsection, the record custodian, upon request, shall provide a writtencitation to the specific provisions of paragraphs (A) through (F) thatnecessitate closure of that public record.
(11) Records of agencies involved in administrative adjudication orcivil litigation, compiled in the process of detecting or investigatingviolations of civil law or administrative rules and regulations, ifdisclosure would interfere with a prospective administrative adjudicationor civil litigation or reveal the identity of a confidential source orundercover agent.
(12) Records of emergency or security information or procedures of a publicagency, or plans, drawings, specifications or related information for anybuilding or facility which is used for purposes requiring security measures inor around the building or facility or which is used for the generation ortransmission of power, water, fuels or communications, if disclosure wouldjeopardize security of the public agency, building or facility.
(13) The contents of appraisals or engineering or feasibility estimatesor evaluations made by or for a public agency relative to the acquisitionof 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 orenforcement responsibility of the public agency or which is widelydistributed to the public by a public agency and is not specifically inresponse to communications from such a private individual.
(15) Records pertaining to employer-employee negotiations, if disclosurewould reveal information discussed in a lawful executive session underK.S.A. 75-4319, and amendments thereto.
(16) Software programs for electronic data processing and documentationthereof, but each public agency shall maintain a register, open to thepublic, that describes:
(A) The information which the agency maintains on computer facilities; and
(B) the form in which the information can be made available usingexisting computer programs.
(17) Applications, financial statements and other information submittedin connection with applications for student financial assistance wherefinancial need is a consideration for the award.
(18) Plans, designs, drawings or specifications which are prepared by aperson other than an employee of a public agency or records which are theproperty of a private person.
(19) Well samples, logs or surveys which the state corporationcommission requires to be filed by persons who have drilled or caused to bedrilled, or are drilling or causing to be drilled, holes for the purpose ofdiscovery or production of oil or gas, to the extent that disclosure islimited 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 whichopinions are expressed or policies or actions are proposed, except that thisexemption shall not apply when such records are publicly cited or identified inan open meeting or in an agenda of an open meeting.
(21) Records of a public agency having legislative powers, which recordspertain 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 ofan open meeting; or
(B) distributed to a majority of a quorum of any body which hasauthority to take action or make recommendations to the public agency withregard to the matters to which such records pertain.
(22) Records of a public agency having legislative powers, which recordspertain to research prepared for one or more members of such agency, exceptthat this exemption shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda ofan open meeting; or
(B) distributed to a majority of a quorum of any body which hasauthority to take action or make recommendations to the public agency withregard to the matters to which such records pertain.
(23) Library patron and circulation records which pertain toidentifiable individuals.
(24) Records which are compiled for census or research purposes andwhich 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 individuallyidentifiable residential customers of the utility or service, except thatinformation concerning billings for specific individual customers named by therequester shall be subject to disclosure as provided by this act.
(27) Specifications for competitive bidding, until the specificationsare officially approved by the public agency.
(28) Sealed bids and related documents, until a bid is accepted or allbids rejected.
(29) Correctional records pertaining to an identifiable inmate orrelease, except that:
(A) The name; photograph and other identifying information; sentence data;parole eligibility date; custody or supervision level; disciplinary record;supervision violations; conditions of supervision, excluding requirementspertaining to mental health or substance abuse counseling; location of facilitywhere incarcerated or location of parole office maintaining supervision andaddress of a releasee whose crime was committed after the effective date ofthis act shall be subject to disclosure to any person other than another inmateor releasee, except that the disclosure of the location of an inmatetransferred to another state pursuant to the interstate corrections compactshall be at the discretion of the secretary of corrections;
(B) the ombudsman of corrections, the attorney general, law enforcementagencies, counsel for the inmate to whom the record pertains and any county ordistrict attorney shall have access to correctional records to the extentotherwise permitted by law;
(C) the information provided to the law enforcement agency pursuant to thesex offender registration act, K.S.A. 22-4901 et seq., andamendments thereto, shall be subject to disclosure to any person, except thatthe name, address, telephone number or any other information which specificallyand individually identifies the victim of any offender required to register asprovided by the Kansas offender registration act, K.S.A. 22-4901 etseq. and amendments thereto, shall not be disclosed; and
(D) records of the department of corrections regarding the financial assetsof an offender in the custody of the secretary of corrections shall be subjectto disclosure to the victim, or such victim's family, of the crime for whichthe inmate is in custody as set forth in an order of restitution by thesentencing court.
(30) Public records containing information of a personal nature wherethe public disclosure thereof would constitute a clearly unwarrantedinvasion of personal privacy.
(31) Public records pertaining to prospective location of a business orindustry where no previous public disclosure has been made of the business'or industry's interest in locating in, relocating within or expandingwithin the state. This exception shall not include those recordspertaining to application of agencies for permits or licenses necessary todo business or to expand business operations within this state, except asotherwise provided by law.
(32) Engineering and architectural estimates made by or for any publicagency relative to public improvements.
(33) Financial information submitted by contractors in qualificationstatements to any public agency.
(34) Records involved in the obtaining and processing of intellectualproperty rights that are expected to be, wholly or partially vested in orowned by a state educational institution, as defined in K.S.A. 76-711, andamendments thereto, or an assignee of the institution organized andexisting for the benefit of the institution.
(35) Any report or record which is made pursuant to K.S.A. 65-4922, 65-4923or 65-4924, and amendments thereto, and which is privileged pursuant to K.S.A.65-4915 or 65-4925, and amendments thereto.
(36) Information which would reveal the precise location of anarcheological site.
(37) Any financial data or traffic information from a railroad company, to apublic agency, concerning the sale, lease or rehabilitation of the railroad'sproperty in Kansas.
(38) Risk-based capital reports, risk-based capital plans and correctiveorders including the working papers and the results of any analysis filed withthe commissioner of insurance in accordance with K.S.A. 40-2c20 and40-2d20, andamendments thereto.
(39) Memoranda and related materials required to be used to support theannual actuarial opinions submitted pursuant to subsection (b) of K.S.A.40-409, and amendments thereto.
(40) Disclosure reports filed with the commissioner of insurance undersubsection (a) of K.S.A. 40-2,156, and amendments thereto.
(41) All financial analysis ratios and examinationsynopses concerninginsurance companies that are submitted to the commissioner by the nationalassociation of insurance commissioners' insurance regulatory informationsystem.
(42) Any records the disclosure of which is restricted orprohibited by atribal-state gaming compact.
(43) Market research, market plans, business plans and theterms andconditions of managed care or other third party contracts, developed or enteredinto by the university of Kansas medical center in the operation and managementof the university hospital which the chancellor of the university of Kansas orthe chancellor's designee determines would give an unfair advantage tocompetitors of the university of Kansas medical center.
(44) The amount of franchise tax paid to the secretary ofrevenue or thesecretary of state by domestic corporations, foreign corporations, domesticlimited liability companies, foreign limited liability companies, domesticlimited partnership, foreign limited partnership, domestic limited liabilitypartnerships and foreign limited liability partnerships.
(45) Records, other than criminal investigation records, thedisclosure of which would pose a substantial likelihood ofrevealing security measures that protect: (A) Systems, facilities or equipmentused in the production, transmission or distribution of energy, water orcommunications services; (B) transportation and sewer orwastewater treatment systems,facilities or equipment; or (C) private property or persons, if the recordsare submitted to the agency.For purposes of this paragraph, security meansmeasures that protect against criminal acts intended to intimidate or coercethe civilian population, influence government policy by intimidation orcoercion or to affect the operation of government by disruption of publicservices, mass destruction, assassination or kidnapping.Security measures include, but are not limited to, intelligence information,tactical plans, resource deployment and vulnerability assessments.
(46) Any information or material received by the register of deeds of acounty from military discharge papers (DD Form 214). Such papersshall be disclosed: To the military dischargee; to such dischargee's immediatefamily members and lineal descendants; to such dischargee's heirs, agents orassigns; to the licensed funeral director who has custody of the body of thedeceased dischargee; when required by a department or agency of the federal orstate government or a political subdivision thereof; when the form is requiredto perfect the claim of military service or honorable discharge or a claim ofa dependent of the dischargee; and upon the written approval of thecommissioner of veterans affairs, to a person conducting research.
(47) Information that would reveal the location of a shelter or a safehouseor similar place where persons are provided protection from abuse or thename, address, location or other contact information of alleged victims ofstalking, domestic violence or sexual assault.
(48) Policy information provided by an insurance carrier in accordancewith subsection (h)(1) of K.S.A. 44-532, and amendments thereto. This exemptionshall not be construed to preclude access to an individual employer's recordfor the purpose of verification of insurance coverage or to the department oflabor for their business purposes.
(b) Except to the extent disclosure is otherwise required by law or asappropriate during the course of an administrative proceeding or on appealfrom agency action, a public agency or officer shall not disclose financialinformation of a taxpayer which may be required or requested by a countyappraiser or the director of property valuation to assist in the determinationof the value of the taxpayer's property for ad valorem taxation purposes; orany financial information of a personal nature required or requested by apublic agency or officer, including a name, job description or title revealingthe salary or other compensation of officers, employees or applicants foremployment with a firm, corporation or agency, except a public agency. Nothingcontained herein shall be construed to prohibit the publication of statistics,so classified as to prevent identification of particular reports or returns andthe items thereof.
(c) As used in this section, the term "cited or identified" shall not includea 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 disclosurepursuant to this act, the public agency shall separate or delete such materialand make available to the requester that material in the public record which issubject to disclosure pursuant to this act. If a public record is not subjectto disclosure because it pertains to an identifiable individual, the publicagency shall delete the identifying portions of the record and make availableto the requester any remaining portions which are subject to disclosurepursuant to this act, unless the request is for a record pertaining to aspecific individual or to such a limited group of individuals that theindividuals' identities are reasonably ascertainable, the public agency shallnot be required to disclose those portions of the record which pertain to suchindividual or individuals.
(e) The provisions of this section shall not be construed to exempt frompublic disclosure statistical information not descriptive of anyidentifiable person.
(f) Notwithstanding the provisions of subsection (a), any public record whichhas been in existence more than 70 years shall be open for inspection by anyperson unless disclosure of the record is specifically prohibited or restrictedby federal law, state statute or rule of the Kansas supreme court or by apolicy adopted pursuant to K.S.A. 72-6214, and amendments thereto.
(g) Any confidential records or information relating to security measuresprovided or received under the provisions of subsection (a)(45) shall not besubject to subpoena, discovery or other demand in any administrative, criminalor civil action.
Chapter 45.--PUBLIC RECORDS, DOCUMENTS AND INFORMATION
Article 2.--RECORDS OPEN TO PUBLIC
45-221.Certain records not required to be open;separation of open and closed information required; statistics and records over70 years old open. [See Revisor's Note](a) Except to the extent disclosure is otherwise required by law, a publicagency shall not be required to disclose:
(1) Records the disclosure of which is specifically prohibited orrestricted by federal law, state statute or rule of the Kansas supremecourt or rule of thesenate committee on confirmation oversight relating toinformation submitted to the committee pursuant to K.S.A. 2009 Supp. 75-4315d,and amendments thereto, or thedisclosure of which is prohibited or restricted pursuant tospecific authorization of federal law, state statute or rule of the Kansassupreme courtor rule of thesenate committee on confirmation oversight relating toinformation submitted to the committee pursuant to K.S.A. 2009 Supp. 75-4315d,and amendments thereto,to restrict or prohibit disclosure.
(2) Records which are privileged under the rules of evidence, unless theholder of the privilege consents to the disclosure.
(3) Medical, psychiatric, psychological or alcoholism or drug dependencytreatment records which pertain to identifiable patients.
(4) Personnel records, performance ratings or individually identifiablerecords pertaining to employees or applicants for employment, except thatthis exemption shall not apply to the names, positions, salaries or actualcompensation employment contracts or employment-related contracts oragreementsandlengths of service of officers and employees of public agencies once theyare employed as such.
(5) Information which would reveal the identity of any undercover agentor any informant reporting a specific violation of law.
(6) Letters of reference or recommendation pertaining to the characteror qualifications of an identifiable individual, except documents relatingto the appointment of persons to fill a vacancy in an elected office.
(7) Library, archive and museum materials contributed by private persons, tothe extent of any limitations imposed as conditions of the contribution.
(8) Information which would reveal the identity of an individual wholawfully makes a donation to a public agency, if anonymity of the donor isa condition of the donation, except if the donation is intended for orrestricted to providing remuneration or personal tangible benefit to a namedpublic officer or employee.
(9) Testing and examination materials, before the test or examination isgiven or if it is to be given again, or records of individual test orexamination scores, other than records which show only passage or failureand not specific scores.
(10) Criminal investigation records, except as providedherein. The district court, inan action brought pursuant to K.S.A. 45-222, and amendments thereto, may orderdisclosure of such records, subject to such conditions as the court may impose,if the court finds that disclosure:
(A) Is in the public interest;
(B) would not interfere with any prospective law enforcement action,criminal investigation or prosecution;
(C) would not reveal the identity of any confidential source orundercover agent;
(D) would not reveal confidential investigative techniques or proceduresnot known to the general public;
(E) would not endanger the life or physical safety of any person; and
(F) would not reveal the name, address, phone number or any otherinformation which specifically and individually identifies the victim of anysexual offense in article 35 of chapter 21 of the Kansas Statutes Annotated,and amendments thereto.
If a public record is discretionarily closed by a public agency pursuant tothis subsection, the record custodian, upon request, shall provide a writtencitation to the specific provisions of paragraphs (A) through (F) thatnecessitate closure of that public record.
(11) Records of agencies involved in administrative adjudication orcivil litigation, compiled in the process of detecting or investigatingviolations of civil law or administrative rules and regulations, ifdisclosure would interfere with a prospective administrative adjudicationor civil litigation or reveal the identity of a confidential source orundercover agent.
(12) Records of emergency or security information or procedures of a publicagency, or plans, drawings, specifications or related information for anybuilding or facility which is used for purposes requiring security measures inor around the building or facility or which is used for the generation ortransmission of power, water, fuels or communications, if disclosure wouldjeopardize security of the public agency, building or facility.
(13) The contents of appraisals or engineering or feasibility estimatesor evaluations made by or for a public agency relative to the acquisitionof 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 orenforcement responsibility of the public agency or which is widelydistributed to the public by a public agency and is not specifically inresponse to communications from such a private individual.
(15) Records pertaining to employer-employee negotiations, if disclosurewould reveal information discussed in a lawful executive session underK.S.A. 75-4319, and amendments thereto.
(16) Software programs for electronic data processing and documentationthereof, but each public agency shall maintain a register, open to thepublic, that describes:
(A) The information which the agency maintains on computer facilities; and
(B) the form in which the information can be made available usingexisting computer programs.
(17) Applications, financial statements and other information submittedin connection with applications for student financial assistance wherefinancial need is a consideration for the award.
(18) Plans, designs, drawings or specifications which are prepared by aperson other than an employee of a public agency or records which are theproperty of a private person.
(19) Well samples, logs or surveys which the state corporationcommission requires to be filed by persons who have drilled or caused to bedrilled, or are drilling or causing to be drilled, holes for the purpose ofdiscovery or production of oil or gas, to the extent that disclosure islimited 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 whichopinions are expressed or policies or actions are proposed, except that thisexemption shall not apply when such records are publicly cited or identified inan open meeting or in an agenda of an open meeting.
(21) Records of a public agency having legislative powers, which recordspertain 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 ofan open meeting; or
(B) distributed to a majority of a quorum of any body which hasauthority to take action or make recommendations to the public agency withregard to the matters to which such records pertain.
(22) Records of a public agency having legislative powers, which recordspertain to research prepared for one or more members of such agency, exceptthat this exemption shall not apply when such records are:
(A) Publicly cited or identified in an open meeting or in an agenda ofan open meeting; or
(B) distributed to a majority of a quorum of any body which hasauthority to take action or make recommendations to the public agency withregard to the matters to which such records pertain.
(23) Library patron and circulation records which pertain toidentifiable individuals.
(24) Records which are compiled for census or research purposes andwhich 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 individuallyidentifiable residential customers of the utility or service, except thatinformation concerning billings for specific individual customers named by therequester shall be subject to disclosure as provided by this act.
(27) Specifications for competitive bidding, until the specificationsare officially approved by the public agency.
(28) Sealed bids and related documents, until a bid is accepted or allbids rejected.
(29) Correctional records pertaining to an identifiable inmate orrelease, except that:
(A) The name; photograph and other identifying information; sentence data;parole eligibility date; custody or supervision level; disciplinary record;supervision violations; conditions of supervision, excluding requirementspertaining to mental health or substance abuse counseling; location of facilitywhere incarcerated or location of parole office maintaining supervision andaddress of a releasee whose crime was committed after the effective date ofthis act shall be subject to disclosure to any person other than another inmateor releasee, except that the disclosure of the location of an inmatetransferred to another state pursuant to the interstate corrections compactshall be at the discretion of the secretary of corrections;
(B) the ombudsman of corrections, the attorney general, law enforcementagencies, counsel for the inmate to whom the record pertains and any county ordistrict attorney shall have access to correctional records to the extentotherwise permitted by law;
(C) the information provided to the law enforcement agency pursuant to thesex offender registration act, K.S.A. 22-4901 et seq., andamendments thereto, shall be subject to disclosure to any person, except thatthe name, address, telephone number or any other information which specificallyand individually identifies the victim of any offender required to register asprovided by the Kansas offender registration act, K.S.A. 22-4901 etseq. and amendments thereto, shall not be disclosed; and
(D) records of the department of corrections regarding the financial assetsof an offender in the custody of the secretary of corrections shall be subjectto disclosure to the victim, or such victim's family, of the crime for whichthe inmate is in custody as set forth in an order of restitution by thesentencing court.
(30) Public records containing information of a personal nature wherethe public disclosure thereof would constitute a clearly unwarrantedinvasion of personal privacy.
(31) Public records pertaining to prospective location of a business orindustry where no previous public disclosure has been made of the business'or industry's interest in locating in, relocating within or expandingwithin the state. This exception shall not include those recordspertaining to application of agencies for permits or licenses necessary todo business or to expand business operations within this state, except asotherwise provided by law.
(32) Engineering and architectural estimates made by or for any publicagency relative to public improvements.
(33) Financial information submitted by contractors in qualificationstatements to any public agency.
(34) Records involved in the obtaining and processing of intellectualproperty rights that are expected to be, wholly or partially vested in orowned by a state educational institution, as defined in K.S.A. 76-711, andamendments thereto, or an assignee of the institution organized andexisting for the benefit of the institution.
(35) Any report or record which is made pursuant to K.S.A. 65-4922, 65-4923or 65-4924, and amendments thereto, and which is privileged pursuant to K.S.A.65-4915 or 65-4925, and amendments thereto.
(36) Information which would reveal the precise location of anarcheological site.
(37) Any financial data or traffic information from a railroad company, to apublic agency, concerning the sale, lease or rehabilitation of the railroad'sproperty in Kansas.
(38) Risk-based capital reports, risk-based capital plans and correctiveorders including the working papers and the results of any analysis filed withthe commissioner of insurance in accordance with K.S.A. 40-2c20 and40-2d20, andamendments thereto.
(39) Memoranda and related materials required to be used to support theannual actuarial opinions submitted pursuant to subsection (b) of K.S.A.40-409, and amendments thereto.
(40) Disclosure reports filed with the commissioner of insurance undersubsection (a) of K.S.A. 40-2,156, and amendments thereto.
(41) All financial analysis ratios and examinationsynopses concerninginsurance companies that are submitted to the commissioner by the nationalassociation of insurance commissioners' insurance regulatory informationsystem.
(42) Any records the disclosure of which is restricted orprohibited by atribal-state gaming compact.
(43) Market research, market plans, business plans and theterms andconditions of managed care or other third party contracts, developed or enteredinto by the university of Kansas medical center in the operation and managementof the university hospital which the chancellor of the university of Kansas orthe chancellor's designee determines would give an unfair advantage tocompetitors of the university of Kansas medical center.
(44) The amount of franchise tax paid to the secretary ofrevenue or thesecretary of state by domestic corporations, foreign corporations, domesticlimited liability companies, foreign limited liability companies, domesticlimited partnership, foreign limited partnership, domestic limited liabilitypartnerships and foreign limited liability partnerships.
(45) Records, other than criminal investigation records, thedisclosure of which would pose a substantial likelihood ofrevealing security measures that protect: (A) Systems, facilities or equipmentused in the production, transmission or distribution of energy, water orcommunications services; (B) transportation and sewer orwastewater treatment systems,facilities or equipment; or (C) private property or persons, if the recordsare submitted to the agency.For purposes of this paragraph, security meansmeasures that protect against criminal acts intended to intimidate or coercethe civilian population, influence government policy by intimidation orcoercion or to affect the operation of government by disruption of publicservices, mass destruction, assassination or kidnapping.Security measures include, but are not limited to, intelligence information,tactical plans, resource deployment and vulnerability assessments.
(46) Any information or material received by the register of deeds of acounty from military discharge papers (DD Form 214). Such papersshall be disclosed: To the military dischargee; to such dischargee's immediatefamily members and lineal descendants; to such dischargee's heirs, agents orassigns; to the licensed funeral director who has custody of the body of thedeceased dischargee; when required by a department or agency of the federal orstate government or a political subdivision thereof; when the form is requiredto perfect the claim of military service or honorable discharge or a claim ofa dependent of the dischargee; and upon the written approval of thecommissioner of veterans affairs, to a person conducting research.
(47) Information that would reveal the location of a shelter or a safehouseor similar place where persons are provided protection from abuse or thename, address, location or other contact information of alleged victims ofstalking, domestic violence or sexual assault.
(48) Policy information provided by an insurance carrier in accordancewith subsection (h)(1) of K.S.A. 44-532, and amendments thereto. This exemptionshall not be construed to preclude access to an individual employer's recordfor the purpose of verification of insurance coverage or to the department oflabor for their business purposes.
(b) Except to the extent disclosure is otherwise required by law or asappropriate during the course of an administrative proceeding or on appealfrom agency action, a public agency or officer shall not disclose financialinformation of a taxpayer which may be required or requested by a countyappraiser or the director of property valuation to assist in the determinationof the value of the taxpayer's property for ad valorem taxation purposes; orany financial information of a personal nature required or requested by apublic agency or officer, including a name, job description or title revealingthe salary or other compensation of officers, employees or applicants foremployment with a firm, corporation or agency, except a public agency. Nothingcontained herein shall be construed to prohibit the publication of statistics,so classified as to prevent identification of particular reports or returns andthe items thereof.
(c) As used in this section, the term "cited or identified" shall not includea 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 disclosurepursuant to this act, the public agency shall separate or delete such materialand make available to the requester that material in the public record which issubject to disclosure pursuant to this act. If a public record is not subjectto disclosure because it pertains to an identifiable individual, the publicagency shall delete the identifying portions of the record and make availableto the requester any remaining portions which are subject to disclosurepursuant to this act, unless the request is for a record pertaining to aspecific individual or to such a limited group of individuals that theindividuals' identities are reasonably ascertainable, the public agency shallnot be required to disclose those portions of the record which pertain to suchindividual or individuals.
(e) The provisions of this section shall not be construed to exempt frompublic disclosure statistical information not descriptive of anyidentifiable person.
(f) Notwithstanding the provisions of subsection (a), any public record whichhas been in existence more than 70 years shall be open for inspection by anyperson unless disclosure of the record is specifically prohibited or restrictedby federal law, state statute or rule of the Kansas supreme court or by apolicy adopted pursuant to K.S.A. 72-6214, and amendments thereto.
(g) Any confidential records or information relating to security measuresprovided or received under the provisions of subsection (a)(45) shall not besubject to subpoena, discovery or other demand in any administrative, criminalor civil action.
