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45-215. Title of act. K.S.A. 45-215 through 45-223 shall be known and may be cited as the open records act.

History: L. 1984, ch. 187, § 1; February 9.

Law Review and Bar Journal References:

"Ethical Dilemmas for the Kansas Government Lawyer," Brian J. Moline, 5 Kan. J.L. & Pub. Pol'y, No. 1, 105, 108, 113 (1995).

"K.S.A. 22-4901 et seq.—Offender Registration in Kansas," Rick Kittel, 69 J.K.B.A. No. 6, 28 (2000).

"The paper trail has gone digital: Discovery in the age of electronic information," Todd N. Thompson, 71 J.K.B.A. No. 3, 16 (2002).

"Kansas Sunshine Law: How Bright Does It Shine Now? The Kansas Open Meetings and Open Records Acts," Theresa "Terry" Marcel, 72 J.K.B.A. No. 5, 28 (2003).

"Walking the Line: Government Lawyer Ethics," J. Nick Badgerow, 12 Kan. J.L. Pub Pol'y No. 3, 437 (2003).

"Kansas Sunshine Law; How Bright Does it Shine Now? The Kansas Open Meetings Act," Theresa Marcel Nuckolls, 72 J.K.B.A. No. 6, 34 (2003).

Attorney General's Opinions:

Records subject to disclosure. 86-101.

Open records; abstracts or copies thereof; reasonableness of fees. 87-4.

Law enforcement records; jail book, standard offense report, mug shots. 87-25.

Breath test machine results log is criminal investigation record; not required to be disclosed to public. 87-63.

Unlawful use of names derived from public records. 87-73.

Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100.

Hospital board member has right of access to personnel file of staff physician or other county hospital employee. 87-109.

Prohibited and illegal uses of names and addresses derived from public records. 87-137.

Criminal history record information; disclosure of pending charges and scheduled court date. 87-145.

Records open to public; correspondence received by members of public bodies. 87-149.

County and county officers; open public meetings; attendance at executive sessions. 87-170.

Racing commission; licensure; open records act; confidential information. 88-3.

Municipal hospitals; open records act; employee names and salaries. 88-61.

Open records act; certain laboratory records not required to be open. 88-88.

Suspension of driving privileges for DUI; certain violations not public records; liability insurance. 88-100.

Identity of persons transported by emergency medical vehicles; physician-patient privilege. 88-101.

Letter of notice to attorneys who fail to timely pay registration fee. 88-117.

Disclosure of voter registration lists; lists on computers. 88-152.

Department of commerce; low-income housing tax credit program. 89-46.

Unlawful use of names derived from public records. 89-47.

Disclosure of names and addresses of school district employees. 89-106.

Personnel records, sheriff's office. 89-107.

Certificates of value; disclosure to public. 89-118.

Parole board; certain records not required to be open. 89-127.

Memoranda from school superintendent to school board. 90-14.

Board of education clerk; appointment and duties; custody of records; public records. 90-89.

Discretionary disclosure of certain personnel records; state agencies; criminal identification and detection. 90-136.

Certain records not open to public; personnel records; invasion of privacy. 91-50.

Recordation of death certificates with county register of deeds; open public records. 91-87.

Open public records; records compiled on radon testing; records pertaining to identifiable individuals. 91-106.

Open public records; ability of state agent to contractually close record not otherwise closed by law; legislative post audit; access to records, limitations. 91-116.

Open public records; internal civil investigation of state employee; veterans affairs commission; appointment, powers and duties of executive director; employees. 91-127.

Open public records; records obtained by legislative post audit; duty of confidentiality imposed by law; audit work papers. 91-138.

Legislative post audit committee to contract with firm or firms to perform financial compliance audits; public records; audit working papers of such contracted private firms. 91-157.

Legislative post audit; open public records; duty of confidentiality; mortgage credit certificate program records. 91-158.

Expungement; release of records to victim; certain records not required to be open. 92-27.

Open public records; criminal investigation records; invasion of personal privacy; victim specific information on alleged sexual offense. 92-149.

Confidentiality of information concerning juvenile offenders age 14 and older. 95-94.

Public records; application of open records act; effect of review of record in executive session. 95-119.

National collegiate athletic association is not a "public agency." 97-64.

Application of Kansas Open Records Act to information in Kansas Standard Offense Report and Standard Arrest Report. 1998-38.

Members of medical advisory board are "officers and employees" for purposes of Kansas open records act. 2000-8.

Electronic mail (e-mail) may qualify as "public record" under KORA but e-mail between individual city commissioners, which is not made or maintained through city resources, is not a public record. 2002-1.

Independent of KORA, school board is obligated to publish names, positions and salaries of superintendent and department heads of school district. 2003-3.

Discusses whether records of "custody time," the amount of time a person has been incarcerated, are open or closed depending on holder of records. 2002-29.

Nonlegislative health related functions may be delegated to Flint Hills Community Health Center. 2003-25.

"Paid Loss Reporting Forms" is public record available for public inspection. 2004-1.

Sheltered Living, Inc. is not a public entity and is not subject to provisions of KOMA and KORA. 2004-34.

Public agency may close personal information concerning law enforcement personnel unless general public interest served outweighs personal privacy rights. 2006-8.

County public record; contract with private company to provide access to records by computer. 2009-14.

Custodian cannot require a requestor to sign a certification unless the records contain a list of names and addresses or such list can be derived from the records. 2009-18.

Records identifying unpaid accrued vacation and sick leave of public employees may be closed, while records of payments made to employees for vacation or sick leave are open. 2010-3.

CASE ANNOTATIONS

1. Provisions of this act not retroactive; due to repeal of 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 K. 96, 102, 105 697 P.2d 1279 (1985).

2. Legislative intent considered in reviewing purpose of act; disclosure of criminal investigation records. Harris Enterprises, Inc. v. Moore, 241 K. 59, 60, 62, 63, 734 P.2d 1083 (1987).

3. Cited; nonresidents' purchase of Kansas Turnpike Authority bonds as more than "passive investment activity" by seeking KTA records hereunder examined. Kansas Turnpike Authority v. Wheeler, 243 K. 602, 617, 760 P.2d 1213 (1988).

4. Disclosure of K.B.I. reports to racing license applicants permitted hereunder and 74-8804, subject to provisions of 45-221. Kansas Racing Management, Inc., v. Kansas Racing Comm'n, 244 K. 343, 353, 770 P.2d 423 (1989).

5. Interpretation of act by public employee relations board not entitled to judicial deference; agencies not allowed unregulated discretion to refuse information. State Dept. of SRS v. Public Employee Relations Board, 249 K. 163, 815 P.2d 66 (1991).

6. Public disclosure provision of sex offender registration act (22-4909), as applied to defendant, violates ex post facto prohibition. State v. Myers, 260 K. 669, 923 P.2d 1024 (1996).

7. District coroner's office and investigative materials, working papers and records subject to open records act. Burroughs v. Thomas, 23 K.A.2d 769, 937 P.2d 12 (1997).

8. County hospital not exempt under 45-221(a)(4) or (15) from disclosing records concerning nonemployee doctors. Southwest Anesthesia Serv., P.A. v. Southwest Med. Ctr., 23 K.A.2d 950, 937 P.2d 1257 (1997).

9. KSORA (22-4901 et seq.) registration information of defendant held to be not subject to KORA (42-215 et seq.) provision for inspection purposes. State v. Scott, 24 K.A.2d 480, 485, 947 P.2d 466 (1997).

10. Register of deeds may exercise discretion in refusing to release information of personal nature in public records; person seeking records is obliged to pay costs to redact records and is not entitled to attorney fees. Data Tree v. Meek, 279 K. 445, 109 P.3d 1226 (2005).

11. Act discussed; KORA requests give a public entity 72 hours (three business days) to respond. In re Comfort, 284 K. 183, 189, 159 P.3d 1011 (2007).

12. A party must meet the traditional tests for standing and satisfy the statutory standing requirement in order to bring a cause of action under the Kansas open records act. Hunter Health Clinic v. Wichita State Univ., 52 K.A.2d 1, 14, 362 P.3d 10 (2015).

Plaintiff making a claim under the Kansas open records act must establish both any statutory standing requirements imposed by the act and the traditional requirements of standing. Baker v. Hayden, 313 K. 667, 673, 490 P.3d 1164 (2021).


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