HB 2261--
Session of 1997
By Representative Adkins

9 AN ACT concerning public records; relating to paternity proceedings; 10 amending K.S.A. 1996 Supp. 45-221 and repealing the existing section; 11 also repealing K.S.A. 1996 Supp. 45-221d. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. K.S.A. 1996 Supp. 45-221 is hereby amended to read as 15 follows: 45-221. (a) Except to the extent disclosure is otherwise required 16 by law, a public agency shall not be required to disclose: 17 (1) Records the disclosure of which is specifically prohibited or re- 18 stricted by federal law, state statute or rule of the Kansas supreme court 19 or the disclosure of which is prohibited or restricted pursuant to specific 20 authorization of federal law, state statute or rule of the Kansas supreme 21 court to restrict or prohibit disclosure. 22 (2) Records which are privileged under the rules of evidence, unless 23 the holder of the privilege consents to the disclosure. 24 (3) Medical, psychiatric, psychological or alcoholism or drug depend- 25 ency treatment records which pertain to identifiable patients. 26 (4) Personnel records, performance ratings or individually identifia- 27 ble records pertaining to employees or applicants for employment, except 28 that this exemption shall not apply to the names, positions, salaries and 29 lengths of service of officers and employees of public agencies once they 30 are employed as such. 31 (5) Information which would reveal the identity of any undercover 32 agent or any informant reporting a specific violation of law. 33 (6) Letters of reference or recommendation pertaining to the char- 34 acter or qualifications of an identifiable individual. 35 (7) Library, archive and museum materials contributed by private 36 persons, to the extent of any limitations imposed as conditions of the 37 contribution. 38 (8) Information which would reveal the identity of an individual who 39 lawfully makes a donation to a public agency, if anonymity of the donor 40 is a condition of the donation. 41 (9) Testing and examination materials, before the test or examination 42 is given or if it is to be given again, or records of individual test or ex- 43 amination scores, other than records which show only passage or failure HB 2261

 1  and not specific scores.
 2    (10)  Criminal investigation records, except that the district court, in
 3  an action brought pursuant to K.S.A. 45-222, and amendments thereto,
 4  may order disclosure of such records, subject to such conditions as the
 5  court may impose, if the court finds that disclosure:
 6    (A)  Is in the public interest;
 7    (B)  would not interfere with any prospective law enforcement action;
 8    (C)  would not reveal the identity of any confidential source or un-
 9  dercover agent;
10    (D)  would not reveal confidential investigative techniques or proce-
11  dures not known to the general public;
12    (E)  would not endanger the life or physical safety of any person; and
13    (F)  would not reveal the name, address, phone number or any other
14  information which specifically and individually identifies the victim of any
15  sexual offense in article 35 of chapter 21 of the Kansas Statutes Anno-
16  tated, and amendments thereto.
17    (11)  Records of agencies involved in administrative adjudication or
18  civil litigation, compiled in the process of detecting or investigating vio-
19  lations of civil law or administrative rules and regulations, if disclosure
20  would interfere with a prospective administrative adjudication or civil
21  litigation or reveal the identity of a confidential source or undercover
22  agent.
23    (12)  Records of emergency or security information or procedures of
24  a public agency, or plans, drawings, specifications or related information
25  for any building or facility which is used for purposes requiring security
26  measures in or around the building or facility or which is used for the
27  generation or transmission of power, water, fuels or communications, if
28  disclosure would jeopardize security of the public agency, building or
29  facility.
30    (13)  The contents of appraisals or engineering or feasibility estimates
31  or evaluations made by or for a public agency relative to the acquisition
32  of property, prior to the award of formal contracts therefor.
33    (14)  Correspondence between a public agency and a private individ-
34  ual, other than correspondence which is intended to give notice of an
35  action, policy or determination relating to any regulatory, supervisory or
36  enforcement responsibility of the public agency or which is widely dis-
37  tributed to the public by a public agency and is not specifically in response
38  to communications from such a private individual.
39    (15)  Records pertaining to employer-employee negotiations, if dis-
40  closure would reveal information discussed in a lawful executive session
41  under K.S.A. 75-4319, and amendments thereto.
42    (16)  Software programs for electronic data processing and documen-
43  tation thereof, but each public agency shall maintain a register, open to
HB 2261

 1  the public, that describes:
 2    (A)  The information which the agency maintains on computer facil-
 3  ities; and
 4    (B)  the form in which the information can be made available using
 5  existing computer programs.
 6    (17)  Applications, financial statements and other information sub-
 7  mitted in connection with applications for student financial assistance
 8  where financial need is a consideration for the award.
 9    (18)  Plans, designs, drawings or specifications which are prepared by
10  a person other than an employee of a public agency or records which are
11  the property of a private person.
12    (19)  Well samples, logs or surveys which the state corporation com-
13  mission requires to be filed by persons who have drilled or caused to be
14  drilled, or are drilling or causing to be drilled, holes for the purpose of
15  discovery or production of oil or gas, to the extent that disclosure is limited
16  by rules and regulations of the state corporation commission.
17    (20)  Notes, preliminary drafts, research data in the process of anal-
18  ysis, unfunded grant proposals, memoranda, recommendations or other
19  records in which opinions are expressed or policies or actions are pro-
20  posed, except that this exemption shall not apply when such records are
21  publicly cited or identified in an open meeting or in an agenda of an open
22  meeting.
23    (21)  Records of a public agency having legislative powers, which re-
24  cords pertain to proposed legislation or amendments to proposed legis-
25  lation, except that this exemption shall not apply when such records are:
26    (A)  Publicly cited or identified in an open meeting or in an agenda
27  of an open meeting; or
28    (B)  distributed to a majority of a quorum of any body which has au-
29  thority to take action or make recommendations to the public agency with
30  regard to the matters to which such records pertain.
31    (22)  Records of a public agency having legislative powers, which re-
32  cords pertain to research prepared for one or more members of such
33  agency, except that this exemption shall not apply when such records are:
34    (A)  Publicly cited or identified in an open meeting or in an agenda
35  of an open meeting; or
36    (B)  distributed to a majority of a quorum of any body which has au-
37  thority to take action or make recommendations to the public agency with
38  regard to the matters to which such records pertain.
39    (23)  Library patron and circulation records which pertain to identi-
40  fiable individuals.
41    (24)  Records which are compiled for census or research purposes and
42  which pertain to identifiable individuals.
43    (25)  Records which represent and constitute the work product of an
HB 2261

 1  attorney.
 2    (26)  Records of a utility or other public service pertaining to individ-
 3  ually identifiable residential customers of the utility or service, except that
 4  information concerning billings for specific individual customers named
 5  by the requester shall be subject to disclosure as provided by this act.
 6    (27)  Specifications for competitive bidding, until the specifications
 7  are officially approved by the public agency.
 8    (28)  Sealed bids and related documents, until a bid is accepted or all
 9  bids rejected.
10    (29)  Correctional records pertaining to an identifiable inmate, except
11  that:
12    (A)  The name, sentence data, parole eligibility date, disciplinary rec-
13  ord, custody level and location of an inmate shall be subject to disclosure
14  to any person other than another inmate;
15    (B)  the ombudsman of corrections, the attorney general, law enforce-
16  ment agencies, counsel for the inmate to whom the record pertains and
17  any county or district attorney shall have access to correctional records to
18  the extent otherwise permitted by law;
19    (C)  the information provided to the law enforcement agency pursu-
20  ant to the sex offender registration act, K.S.A. 22-4901, et seq., and
21  amendments thereto, shall be subject to disclosure to any person; and
22    (D)  records of the department of corrections regarding the financial
23  assets of an offender in the custody of the secretary of corrections shall
24  be subject to disclosure to the victim, or such victim's family, of the crime
25  for which the inmate is in custody as set forth in an order of restitution
26  by the sentencing court.
27    (30)  Public records containing information of a personal nature
28  where the public disclosure thereof would constitute a clearly unwar-
29  ranted invasion of personal privacy.
30    (31)  Public records pertaining to prospective location of a business
31  or industry where no previous public disclosure has been made of the
32  business' or industry's interest in locating in, relocating within or expand-
33  ing within the state. This exception shall not include those records per-
34  taining to application of agencies for permits or licenses necessary to do
35  business or to expand business operations within this state, except as
36  otherwise provided by law.
37    (32)  The bidder's list of contractors who have requested bid proposals
38  for construction projects from any public agency, until a bid is accepted
39  or all bids rejected.
40    (33)  Engineering and architectural estimates made by or for any pub-
41  lic agency relative to public improvements.
42    (34)  Financial information submitted by contractors in qualification
43  statements to any public agency.
HB 2261

 1    (35)  Records involved in the obtaining and processing of intellectual
 2  property rights that are expected to be, wholly or partially vested in or
 3  owned by a state educational institution, as defined in K.S.A. 76-711, and
 4  amendments thereto, or an assignee of the institution organized and ex-
 5  isting for the benefit of the institution.
 6    (36)  Any report or record which is made pursuant to K.S.A. 65-4922,
 7  65-4923 or 65-4924, and amendments thereto, and which is privileged
 8  pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.
 9    (37)  Information which would reveal the precise location of an ar-
10  cheological site.
11    (38)  Any financial data or traffic information from a railroad company,
12  to a public agency, concerning the sale, lease or rehabilitation of the
13  railroad's property in Kansas.
14    (39)  Risk-based capital reports, risk-based capital plans and corrective
15  orders including the working papers and the results of any analysis filed
16  with the commissioner of insurance in accordance with K.S.A. 1996 Supp.
17  40-2c20, and amendments thereto.
18    (40)  Memoranda and related materials required to be used to support
19  the annual actuarial opinions submitted pursuant to subsection (b) of
20  K.S.A. 40-409, and amendments thereto.
21    (41)  Disclosure reports filed with the commissioner of insurance un-
22  der subsection (a) of K.S.A. 1996 Supp. 40-2,156, and amendments
23  thereto.
24    (42)  All financial analysis ratios and examination synopses concerning
25  insurance companies that are submitted to the commissioner by the na-
26  tional association of insurance commissioners' insurance regulatory infor-
27  mation system.
28    (43)  Any records the disclosure of which is restricted or prohibited
29  by a tribal-state gaming compact.
30    (44)  Market research, market plans, business plans and the terms and
31  conditions of managed care or other third party contracts, developed or
32  entered into by the university of Kansas medical center in the operation
33  and management of the university hospital which the chancellor of the
34  university of Kansas or the chancellor's designee determines would give
35  an unfair advantage to competitors of the university of Kansas medical
36  center.
37    (45)  In any paternity action brought under the Kansas parentage act,
38  K.S.A. 38-1110 et seq., and amendments thereto, or any action brought
39  by the department of social and rehabilitation services to establish the
40  parentage of a child pursuant to K.S.A. 39-755 or 39-756, and amend-
41  ments thereto, all court records and department records, until such time
42  as paternity is finally determined by the court. Parties to the action shall
43  have access to all records and shall not be restricted by the provisions of
HB 2261

 1  this subsection.
 2    (b)  Except to the extent disclosure is otherwise required by law or as
 3  appropriate during the course of an administrative proceeding or on ap-
 4  peal from agency action, a public agency or officer shall not disclose fi-
 5  nancial information of a taxpayer which may be required or requested by
 6  a county appraiser to assist in the determination of the value of the tax-
 7  payer's property for ad valorem taxation purposes; or any financial infor-
 8  mation of a personal nature required or requested by a public agency or
 9  officer, including a name, job description or title revealing the salary or
10  other compensation of officers, employees or applicants for employment
11  with a firm, corporation or agency, except a public agency. Nothing con-
12  tained herein shall be construed to prohibit the publication of statistics,
13  so classified as to prevent identification of particular reports or returns
14  and the items thereof.
15    (c)  As used in this section, the term ``cited or identified'' shall not
16  include a request to an employee of a public agency that a document be
17  prepared.
18    (d)  If a public record contains material which is not subject to dis-
19  closure pursuant to this act, the public agency shall separate or delete
20  such material and make available to the requester that material in the
21  public record which is subject to disclosure pursuant to this act. If a public
22  record is not subject to disclosure because it pertains to an identifiable
23  individual, the public agency shall delete the identifying portions of the
24  record and make available to the requester any remaining portions which
25  are subject to disclosure pursuant to this act, unless the request is for a
26  record pertaining to a specific individual or to such a limited group of
27  individuals that the individuals' identities are reasonably ascertainable, the
28  public agency shall not be required to disclose those portions of the record
29  which pertain to such individual or individuals.
30    (e)  The provisions of this section shall not be construed to exempt
31  from public disclosure statistical information not descriptive of any iden-
32  tifiable person.
33    (f)  Notwithstanding the provisions of subsection (a), any public rec-
34  ord which has been in existence more than 70 years shall be open for
35  inspection by any person unless disclosure of the record is specifically
36  prohibited or restricted by federal law, state statute or rule of the Kansas
37  supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and
38  amendments thereto.
39    Sec. 2.  K.S.A. 1996 Supp. 45-221 and 45-221d are hereby repealed.
40    Sec. 3.  This act shall take effect and be in force from and after its
41  publication in the statute book.