HB 2230--Am. by SCW
[As Amended by Senate Committee of the Whole]
As Amended by House Committee
Session of 1997
By Committee on Judiciary

12 AN ACT concerning crimes and[,] punishment [and criminal proce- 13 dure]; relating to pyramid promotional schemes[; correctional re- 14 cords, open; amending K.S.A. 1996 Supp. 45-221 and repealing 15 the existing section; also repealing K.S.A. 1996 Supp. 45-221d]. 16 17 Be it enacted by the Legislature of the State of Kansas: 18 [New] Section 1. (a) As used in this section, ``pyramid promotional 19 scheme'' means any plan or operation by which a participant gives con- 20 sideration for the opportunity to receive compensation which is derived 21 primarily from any person's introduction of other persons into partici- 22 pation in the plan or operation rather than from the sale of goods, services 23 or intangible property by the participant or other persons introduced into 24 the plan or operation. 25 (b) Establishing, operating, advertising or promoting a pyramid pro- 26 motional scheme shall be a severity level 9, nonperson felony. 27 (c) A limitation as to the number of persons who may participate or 28 the presence of additional conditions affecting eligibility for the oppor- 29 tunity to receive compensation under the plan or operation does not 30 change the identity of the scheme as a pyramid promotional scheme nor 31 is it a defense under this section that a participant, on giving considera- 32 tion, obtains any goods, services or intangible property in addition to the 33 right to receive compensation. 34 (d) The attorney general, or county attorney or district attorney, or 35 both, may institute criminal action to prosecute this offense. 36 (e) This section shall be part of and supplemental to the Kansas crim- 37 inal code. 38 [Sec. 2. K.S.A. 1996 Supp. 45-221 is hereby amended to read 39 as follows: 45-221. (a) Except to the extent disclosure is otherwise 40 required by law, a public agency shall not be required to disclose: 41 [(1) Records the disclosure of which is specifically prohibited 42 or restricted by federal law, state statute or rule of the Kansas su- 43 preme court or the disclosure of which is prohibited or restricted HB 2230--Am. by SCW

 1  pursuant to specific authorization of federal law, state statute or
 2  rule of the Kansas supreme court to restrict or prohibit disclosure.
 3    [(2)  Records which are privileged under the rules of evidence,
 4  unless the holder of the privilege consents to the disclosure.
 5    [(3)  Medical, psychiatric, psychological or alcoholism or drug
 6  dependency treatment records which pertain to identifiable pa-
 7  tients.
 8    [(4)  Personnel records, performance ratings or individually
 9  identifiable records pertaining to employees or applicants for em-
10  ployment, except that this exemption shall not apply to the names,
11  positions, salaries and lengths of service of officers and employees
12  of public agencies once they are employed as such.
13    [(5)  Information which would reveal the identity of any under-
14  cover agent or any informant reporting a specific violation of law.
15    [(6)  Letters of reference or recommendation pertaining to the
16  character or qualifications of an identifiable individual.
17    [(7)  Library, archive and museum materials contributed by pri-
18  vate persons, to the extent of any limitations imposed as conditions
19  of the contribution.
20    [(8)  Information which would reveal the identity of an individ-
21  ual who lawfully makes a donation to a public agency, if anonymity
22  of the donor is a condition of the donation.
23    [(9)  Testing and examination materials, before the test or ex-
24  amination is given or if it is to be given again, or records of indi-
25  vidual test or examination scores, other than records which show
26  only passage or failure and not specific scores.
27    [(10)  Criminal investigation records, except that the district
28  court, in an action brought pursuant to K.S.A. 45-222, and amend-
29  ments thereto, may order disclosure of such records, subject to such
30  conditions as the court may impose, if the court finds that disclo-
31  sure:
32    [(A)  Is in the public interest;
33    [(B)  would not interfere with any prospective law enforcement
34  action;
35    [(C)  would not reveal the identity of any confidential source or
36  undercover agent;
37    [(D)  would not reveal confidential investigative techniques or
38  procedures not known to the general public;
39    [(E)  would not endanger the life or physical safety of any per-
40  son; and
41    [(F)  would not reveal the name, address, phone number or any
42  other information which specifically and individually identifies the
43  victim of any sexual offense in article 35 of chapter 21 of the Kansas
HB 2230--Am. by SCW

 1  Statutes Annotated, and amendments thereto.
 2    [(11)  Records of agencies involved in administrative adjudica-
 3  tion or civil litigation, compiled in the process of detecting or in-
 4  vestigating violations of civil law or administrative rules and reg-
 5  ulations, if disclosure would interfere with a prospective
 6  administrative adjudication or civil litigation or reveal the identity
 7  of a confidential source or undercover agent.
 8    [(12)  Records of emergency or security information or proce-
 9  dures of a public agency, or plans, drawings, specifications or re-
10  lated information for any building or facility which is used for pur-
11  poses requiring security measures in or around the building or
12  facility or which is used for the generation or transmission of power,
13  water, fuels or communications, if disclosure would jeopardize se-
14  curity of the public agency, building or facility.
15    [(13)  The contents of appraisals or engineering or feasibility
16  estimates or evaluations made by or for a public agency relative to
17  the acquisition of property, prior to the award of formal contracts
18  therefor.
19    [(14)  Correspondence between a public agency and a private
20  individual, other than correspondence which is intended to give no-
21  tice of an action, policy or determination relating to any regulatory,
22  supervisory or enforcement responsibility of the public agency or
23  which is widely distributed to the public by a public agency and is
24  not specifically in response to communications from such a private
25  individual.
26    [(15)  Records pertaining to employer-employee negotiations, if
27  disclosure would reveal information discussed in a lawful executive
28  session under K.S.A. 75-4319, and amendments thereto.
29    [(16)  Software programs for electronic data processing and doc-
30  umentation thereof, but each public agency shall maintain a reg-
31  ister, open to the public, that describes:
32    [(A)  The information which the agency maintains on computer
33  facilities; and
34    [(B)  the form in which the information can be made available
35  using existing computer programs.
36    [(17)  Applications, financial statements and other information
37  submitted in connection with applications for student financial as-
38  sistance where financial need is a consideration for the award.
39    [(18)  Plans, designs, drawings or specifications which are pre-
40  pared by a person other than an employee of a public agency or
41  records which are the property of a private person.
42    [(19)  Well samples, logs or surveys which the state corporation
43  commission requires to be filed by persons who have drilled or
HB 2230--Am. by SCW

 1  caused to be drilled, or are drilling or causing to be drilled, holes
 2  for the purpose of discovery or production of oil or gas, to the extent
 3  that disclosure is limited by rules and regulations of the state cor-
 4  poration commission.
 5    [(20)  Notes, preliminary drafts, research data in the process of
 6  analysis, unfunded grant proposals, memoranda, recommendations
 7  or other records in which opinions are expressed or policies or ac-
 8  tions are proposed, except that this exemption shall not apply when
 9  such records are publicly cited or identified in an open meeting or
10  in an agenda of an open meeting.
11    [(21)  Records of a public agency having legislative powers,
12  which records pertain to proposed legislation or amendments to
13  proposed legislation, except that this exemption shall not apply
14  when such records are:
15    [(A)  Publicly cited or identified in an open meeting or in an
16  agenda of an open meeting; or
17    [(B)  distributed to a majority of a quorum of any body which
18  has authority to take action or make recommendations to the public
19  agency with regard to the matters to which such records pertain.
20    [(22)  Records of a public agency having legislative powers,
21  which records pertain to research prepared for one or more mem-
22  bers of such agency, except that this exemption shall not apply when
23  such records are:
24    [(A)  Publicly cited or identified in an open meeting or in an
25  agenda of an open meeting; or
26    [(B)  distributed to a majority of a quorum of any body which
27  has authority to take action or make recommendations to the public
28  agency with regard to the matters to which such records pertain.
29    [(23)  Library patron and circulation records which pertain to
30  identifiable individuals.
31    [(24)  Records which are compiled for census or research pur-
32  poses and which pertain to identifiable individuals.
33    [(25)  Records which represent and constitute the work product
34  of an attorney.
35    [(26)  Records of a utility or other public service pertaining to
36  individually identifiable residential customers of the utility or serv-
37  ice, except that information concerning billings for specific individ-
38  ual customers named by the requester shall be subject to disclosure
39  as provided by this act.
40    [(27)  Specifications for competitive bidding, until the specifi-
41  cations are officially approved by the public agency.
42    [(28)  Sealed bids and related documents, until a bid is accepted
43  or all bids rejected.
HB 2230--Am. by SCW

 1    [(29)  Correctional records pertaining to an identifiable inmate
 2  or releasee, except that:
 3    [(A)  The name, sentence data, parole eligibility date, disciplinary
 4  record, custody level and location of an inmate photograph and other
 5  identifying information, sentence data, parole eligibility date, custody or
 6  supervision level, disciplinary record, supervision violations, conditions
 7  of supervision, excluding requirements pertaining to mental health or sub-
 8  stance abuse counseling, location of facility where incarcerated or location
 9  of parole office maintaining supervision and address of a releasee whose
10  crime was committed after the effective date of this act shall be subject
11  to disclosure to any person other than another inmate or releasee,
12  except that disclosure of the location of an inmate transferred to another
13  state pursuant to the interstate corrections compact shall be at the dis-
14  cretion of the secretary of corrections;
15    [(B)  the ombudsman of corrections, the attorney general, law
16  enforcement agencies, counsel for the inmate to whom the record
17  pertains and any county or district attorney shall have access to
18  correctional records to the extent otherwise permitted by law;
19    [(C)  the information provided to the law enforcement agency
20  pursuant to the sex offender registration act, K.S.A. 22-4901, et seq.,
21  and amendments thereto, shall be subject to disclosure to any per-
22  son; and
23    [(D)  records of the department of corrections regarding the fi-
24  nancial assets of an offender in the custody of the secretary of cor-
25  rections shall be subject to disclosure to the victim, or such victim's
26  family, of the crime for which the inmate is in custody as set forth
27  in an order of restitution by the sentencing court.
28    [(30)  Public records containing information of a personal na-
29  ture where the public disclosure thereof would constitute a clearly
30  unwarranted invasion of personal privacy.
31    [(31)  Public records pertaining to prospective location of a
32  business or industry where no previous public disclosure has been
33  made of the business' or industry's interest in locating in, relocating
34  within or expanding within the state. This exception shall not in-
35  clude those records pertaining to application of agencies for permits
36  or licenses necessary to do business or to expand business opera-
37  tions within this state, except as otherwise provided by law.
38    [(32)  The bidder's list of contractors who have requested bid
39  proposals for construction projects from any public agency, until a
40  bid is accepted or all bids rejected.
41    [(33)  Engineering and architectural estimates made by or for
42  any public agency relative to public improvements.
43    [(34)  Financial information submitted by contractors in quali-
HB 2230--Am. by SCW

 1  fication statements to any public agency.
 2    [(35)  Records involved in the obtaining and processing of intel-
 3  lectual property rights that are expected to be, wholly or partially
 4  vested in or owned by a state educational institution, as defined in
 5  K.S.A. 76-711, and amendments thereto, or an assignee of the insti-
 6  tution organized and existing for the benefit of the institution.
 7    [(36)  Any report or record which is made pursuant to K.S.A. 65-
 8  4922, 65-4923 or 65-4924, and amendments thereto, and which is
 9  privileged pursuant to K.S.A. 65-4915 or 65-4925, and amendments
10  thereto.
11    [(37)  Information which would reveal the precise location of an
12  archeological site.
13    [(38)  Any financial data or traffic information from a railroad
14  company, to a public agency, concerning the sale, lease or rehabil-
15  itation of the railroad's property in Kansas.
16    [(39)  Risk-based capital reports, risk-based capital plans and
17  corrective orders including the working papers and the results of
18  any analysis filed with the commissioner of insurance in accordance
19  with K.S.A. 1996 Supp. 40-2c20, and amendments thereto.
20    [(40)  Memoranda and related materials required to be used to
21  support the annual actuarial opinions submitted pursuant to sub-
22  section (b) of K.S.A. 40-409, and amendments thereto.
23    [(41)  Disclosure reports filed with the commissioner of insur-
24  ance under subsection (a) of K.S.A. 1996 Supp. 40-2,156, and
25  amendments thereto.
26    [(42)  All financial analysis ratios and examination synopses
27  concerning insurance companies that are submitted to the commis-
28  sioner by the national association of insurance commissioners' in-
29  surance regulatory information system.
30    [(43)  Any records the disclosure of which is restricted or pro-
31  hibited by a tribal-state gaming compact.
32    [(44)  Market research, market plans, business plans and the terms
33  and conditions of managed care or other third party contracts, developed
34  or entered into by the university of Kansas medical center in the operation
35  and management of the university hospital which the chancellor of the
36  university of Kansas or the chancellor's designee determines would give
37  an unfair advantage to competitors of the university of Kansas medical
38  center.
39    [(b)  Except to the extent disclosure is otherwise required by law
40  or as appropriate during the course of an administrative proceeding
41  or on appeal from agency action, a public agency or officer shall
42  not disclose financial information of a taxpayer which may be re-
43  quired or requested by a county appraiser to assist in the deter-
HB 2230--Am. by SCW

 1  mination of the value of the taxpayer's property for ad valorem
 2  taxation purposes; or any financial information of a personal nature
 3  required or requested by a public agency or officer, including a
 4  name, job description or title revealing the salary or other compen-
 5  sation of officers, employees or applicants for employment with a
 6  firm, corporation or agency, except a public agency. Nothing con-
 7  tained herein shall be construed to prohibit the publication of sta-
 8  tistics, so classified as to prevent identification of particular reports
 9  or returns and the items thereof.
10    [(c)  As used in this section, the term ``cited or identified'' shall
11  not include a request to an employee of a public agency that a doc-
12  ument be prepared.
13    [(d)  If a public record contains material which is not subject to
14  disclosure pursuant to this act, the public agency shall separate or
15  delete such material and make available to the requester that ma-
16  terial in the public record which is subject to disclosure pursuant
17  to this act. If a public record is not subject to disclosure because it
18  pertains to an identifiable individual, the public agency shall delete
19  the identifying portions of the record and make available to the
20  requester any remaining portions which are subject to disclosure
21  pursuant to this act, unless the request is for a record pertaining to
22  a specific individual or to such a limited group of individuals that
23  the individuals' identities are reasonably ascertainable, the public
24  agency shall not be required to disclose those portions of the record
25  which pertain to such individual or individuals.
26    [(e)  The provisions of this section shall not be construed to ex-
27  empt from public disclosure statistical information not descriptive
28  of any identifiable person.
29    [(f)  Notwithstanding the provisions of subsection (a), any public
30  record which has been in existence more than 70 years shall be open
31  for inspection by any person unless disclosure of the record is spe-
32  cifically prohibited or restricted by federal law, state statute or rule
33  of the Kansas supreme court or by a policy adopted pursuant to
34  K.S.A. 72-6214, and amendments thereto.
35    [Sec. 3.  K.S.A. 1996 Supp. 45-221 and 45-221d are hereby re-
36  pealed.]
37    Sec. 2 [4].  This act shall take effect and be in force from and after
38  its publication in the statute book Kansas register.