reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-226 Local freedom of information officer.

45-226.
Local freedom of information officer.
(a) The governing body of every public agency in Kansas which maintains public records shall designate a local freedom of information officer.
(b) The local freedom of information officer or the local freedom of information officer's designee shall:
(1) Prepare and provide educational materials and information concerning the open records act;
(2) be available to assist the public agency and members of the general public to resolve disputes relating to the open records act;
(3) respond to inquiries relating to the open records act;
(4) establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise make available to the public under the open records act. In establishing such requirements for the content of the brochure, the local freedom of information officer shall include plainly written basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting and obtaining a copy of public records under the open records act.
(c) This section shall be a part of and supplemental to the Kansas open records act.
History:
L. 2000, ch. 156, § 1; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-227 Brochure concerning public records.

45-227.
Brochure concerning public records.
(a) An official custodian shall prominently display or distribute or otherwise make available to the public a brochure in the form prescribed by the local freedom of information officer that contains basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting or obtaining a copy of public records under the open records act. The official custodian shall display or distribute or otherwise make available to the public the brochure at one or more places in the administrative offices of the governmental body where it is available to members of the public who request public information in person under this act.
(b) This section shall be a part of and supplemental to the Kansas open records act.
History:
L. 2000, ch. 156, § 2; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-228 Investigation of alleged violations; powers.

45-228. Investigation of alleged violations; powers.
(a) In investigating alleged violations of the open records act, the attorney general or county or district attorney may:
(1) Subpoena witnesses, evidence, records, documents or other material;
(2) take testimony under oath;
(3) examine or cause to be examined any records or other documentary material of whatever nature relevant to such alleged violations;
(4) require attendance during such examination of documentary material and take testimony under oath or acknowledgment in respect of any such documentary material;
(5) serve interrogatories; and
(6) administer oaths and affirmations.
(b) If a public agency claims in writing that any records or documents, or any portion thereof, obtained by the attorney general or a county or district attorney pursuant to subsection (a) are exempt from disclosure for any reason, the attorney general or a county or district attorney shall not further disclose that record or document, nor the contents thereof, unless ordered to do so by a district court enforcing the open records act in connection with such record or document. Such records and documents in the possession of the attorney general or a county or district attorney shall not be subject to a request for inspection and copying under the open records act and shall not be subject to discovery, subpoena or other process.
(c) Service by the attorney general or a county or district attorney of any interrogatories or subpoena upon any person shall be made:
(1) By certified mail, return receipt requested, to the last known place of business, residence or abode within or without this state; or
(2) in the manner provided in the code of civil procedure as if a petition had been filed.
(d) If any person willfully fails or refuses to file any response to a request for information, records or other materials required by this section, respond to interrogatories or obey any subpoena issued by the attorney general or a county or district attorney, the attorney general or a county or district attorney may, after notice, apply to the district court of the county where the request, interrogatories or subpoena was issued, or of any other county where venue is proper, and after a hearing thereon the district court may:
(1) Issue an order requiring a response to the request for information, records or other materials, a response to the interrogatories or compliance with the subpoena; or
(2) grant such other relief as may be required, until the person provides the requested response for information, records or other materials, responds to the interrogatories or obeys the subpoena.
History:
L. 2000, ch. 156, § 6; L. 2015, ch. 68, § 13; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-250 Sunflower Foundation: Health Care for Kansas; subject to open records law.

45-250.
Sunflower Foundation: Health Care for Kansas; subject to open records law.
The Sunflower Foundation: Health Care for Kansas, established pursuant to the settlement agreement entered into by the attorney general in the action filed by Blue Cross and Blue Shield of Kansas, Inc., in the district court of Shawnee county, Kansas, case no. 97CV608, shall be and is hereby deemed to be a public agency and shall be subject to the open records law.
History:
L. 2001, ch. 122, § 2; April 26.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-252 Complaint form prescribed by attorney general.

45-252. Complaint form prescribed by attorney general.
(a) Any complaint submitted to the attorney general shall be on a form prescribed by the attorney general setting forth the facts that the complaining party believes show that K.S.A. 45-215 et seq., and amendments thereto, have been violated. The person submitting the complaint must attest to the facts under penalty of perjury pursuant to K.S.A. 53-601, and amendments thereto.
(b) This section shall be a part of and supplemental to the open records act.
History:
L. 2015, ch. 68, § 3; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-253 Civil remedies to enforce act; consent order.

45-253. Civil remedies to enforce act; consent order.
(a) In lieu of bringing an action as provided in K.S.A. 45-222, and amendments thereto, the attorney general or a county or district attorney may resolve the matter by accepting a consent judgment with respect to any act or practice declared to be a violation of this act. Before any consent judgment entered into pursuant to this section shall be effective, such judgment must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment. Once such approval is received, any breach of the conditions of the consent judgment shall be treated as a violation of a court order, and shall be subject to all the penalties provided by law therefor.
(b) A consent judgment may contain any remedy available to the district court, except it shall not include an award of reasonable expenses, investigation costs or attorney fees. A consent judgment may include a stipulation concerning the production of records requested pursuant to K.S.A. 45-215 et seq., and amendments thereto, subject to any permissible redactions as described in the consent judgment.
(c) This section shall be a part of and supplemental to the open records act.
History:
L. 2015, ch. 68, § 2; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 2 - Records Open To Public › 45-254 Law enforcement recordings using body camera or vehicle camera; criminal investigation records; disclosure.

45-254. Law enforcement recordings using body camera or vehicle camera; criminal investigation records; disclosure.
(a) Every audio or video recording made and retained by law enforcement using a body camera or a vehicle camera shall be considered a criminal investigation record as defined in K.S.A. 45-217, and amendments thereto.
(b) In addition to any disclosure authorized pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto, a person described in subsection (c) may make a request in accordance with procedures adopted under K.S.A. 45-220, and amendments thereto, to listen to an audio recording or to view a video recording made by a body camera or a vehicle camera. The law enforcement agency shall allow the person to listen to the requested audio recording or to view the requested video recording within 20 days after making the request, and may charge a reasonable fee for such services provided by the law enforcement agency.
(c) Any of the following may make a request under subsection (b):
(1) A person who is a subject of the recording;
(2) any parent or legal guardian of a person under 18 years of age who is a subject of the recording;
(3) an heir at law, when a decedent is a subject of the recording; and
(4) an attorney for a person described in this subsection.
(d) As used in this section:
(1) "Body camera" means a device that is worn by a law enforcement officer that electronically records audio or video of such officer's activities.
(2) "Heir at law" means:
(A) An executor or an administrator of the decedent;
(B) the spouse of the decedent, if living;
(C) if there is no living spouse of the decedent, an adult child of the decedent, if living; or
(D) if there is no living spouse or adult child of the decedent, a parent of the decedent, if living.
(3) "Vehicle camera" means a device that is attached to a law enforcement vehicle that electronically records audio or video of law enforcement officers' activities.
History:
L. 2016, ch. 82, § 1; L. 2018, ch. 87, § 8; L. 2021, ch. 82, § 13; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-302 Signing of legislative documents by officers; presentation to governor for approval.

45-302.
Signing of legislative documents by officers; presentation to governor for approval.
(a) In the case of bills, resolutions and other papers originating in the senate, the secretary of the senate shall sign the enrolled bills, resolutions and other papers and present the same to the president of the senate for his or her signature. Thereupon the secretary of the senate shall transmit such enrolled bills, resolutions and other papers to the chief clerk of the house of representatives who shall sign the same after he or she has inspected them and present the same to the speaker of the house for his or her signature. Thereupon the chief clerk of the house shall return such enrolled bills, resolutions or other papers to the secretary of the senate who shall present such enrolled bills to the governor for approval, and such enrolled concurrent resolutions and other papers shall be transmitted by the secretary of the senate to the secretary of state.
(b) In the case of bills, resolutions and other papers originating in the house of representatives, the chief clerk of the house shall sign the enrolled bills, resolutions and other papers and present the same to the speaker of the house for his or her signature. Thereupon the chief clerk of the house shall transmit such enrolled bills, resolutions and other papers to the secretary of the senate who shall sign the same after he or she has inspected them and present the same to the president of the senate for his or her signature. Thereupon the secretary of the senate shall return such enrolled bills, resolutions or other papers to the chief clerk of the house who shall present such enrolled bills to the governor for approval, and such enrolled concurrent resolutions and other papers shall be transmitted by the chief clerk of the house to the secretary of state.
(c) All bills shall be signed by the speaker of the house of representatives and the president of the senate and shall be presented to the governor within ten (10) days after passage.
History: L. 1969, ch. 249, § 2; L. 1975, ch. 265, § 2; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-303 Approval of bills by governor.

45-303.
Approval of bills by governor.
If the governor approves any enrolled bill which is presented to him or her, he or she shall sign it and cause the same to be transmitted to the secretary of state, and shall send messages to both houses of the legislature informing them of such approval.
History: L. 1969, ch. 249, § 3; L. 1975, ch. 265, § 3; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-304a Journal entries referring to vetoed bills.

45-304a.
Journal entries referring to vetoed bills.
Whenever the governor shall veto a bill and such bill is to be referred to in the journal of the house of representatives or the journal of the senate, it shall be sufficient to refer to the same by its house or senate bill number, except that the entries which report veto messages shall carry the entire title of the enrolled bill. In no case shall the full text of a bill be entered in the journal of either the house or the senate.
History:
L. 1975, ch. 265, § 15; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-304b Veto after adjournment; reconsideration.

45-304b.
Veto after adjournment; reconsideration.
The governor may veto any bill or item of appropriation within the time specified in the constitution, whether the legislature has adjourned or not. Whenever the legislature adjourns sooner than the time when the governor may return any bill to its house of origin with his or her veto message thereof or an item of appropriation thereof, the concurrent resolution of adjournment shall fix a time for reconvening appropriate to permit reconsideration of any such bill or item of appropriation in case the same may be vetoed.
History:
L. 1975, ch. 265, § 16; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-305 Bills becoming law without approval of governor, when.

45-305.
Bills becoming law without approval of governor, when.
If upon presentation to the governor of any enrolled bill, the governor shall neither approve and sign such enrolled bill nor return the same with his or her veto message to the house of origin of the bill within ten (10) calendar days (excluding the day presented) after it shall have been presented to the governor, such bill shall become law in like manner as if it had been signed by the governor. In cases to which this section applies the enrolled bill shall be deposited by the governor with the secretary of state, but if the bill is not so deposited it shall nevertheless become law. Whenever any bill is to become law under the circumstances specified in this section, the secretary of state shall cause publication to be made thereof as though the enrolled bill had been signed by the governor. No bill shall ever be deemed to have received a pocket veto.
History: L. 1969, ch. 249, § 5; L. 1975, ch. 265, § 5; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-307 Vetoes of items of appropriation of money.

45-307.
Vetoes of items of appropriation of money.
If any enrolled bill presented to the governor contains more than one item of appropriation of money, the governor may disapprove one or more of such items, while approving the other portion of the bill. In case the governor does so disapprove, a veto message of the governor stating the item or items disapproved, and the reasons therefor, shall be appended to the bill at the time it is signed, and the bill shall be returned with the veto message to the house of origin of the bill. A copy of such veto message shall also be delivered to the secretary of state. Whenever a veto message is so received, the message shall be entered in the journal and, in not more than thirty (30) calendar days, the house of origin shall reconsider the items of the bill which have been disapproved. If two-thirds of the members then elected (or appointed) and qualified shall vote to approve any item disapproved by the governor, the bill, with the veto message, shall be sent to the other house, which shall in not more than thirty (30) calendar days also reconsider each such item so approved by the house of origin, and if approved by two-thirds of all the members then elected (or appointed) and qualified, any such item shall take effect and become a part of the bill.
History: L. 1969, ch. 249, § 7; L. 1975, ch. 265, § 6; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-308 Item vetoes; reconsideration by legislature.

45-308.
Item vetoes; reconsideration by legislature.
Upon approval of any item or items as provided in K.S.A. 45-307, the secretary of the senate or the chief clerk of the house of representatives shall prepare a certificate to accompany the enrolled bill in which such item or items occur. Such certificate shall state that the item or items in the enrolled bill have been approved and passed as provided by law by both the senate and the house of representatives after reconsideration and notwithstanding the veto of the governor. Such certificate shall be signed by the secretary and president of the senate and the chief clerk and speaker of the house of representatives. Thereupon the chief clerk of the house of representatives or the secretary of the senate shall deliver such enrolled bill, together with such certificate to the secretary of state.
History: L. 1969, ch. 249, § 8; L. 1975, ch. 265, § 7; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-309 Responsibility for legislative documents; receipts.

45-309.
Responsibility for legislative documents; receipts.
Whenever any bill, resolution or other paper is transmitted, delivered or messaged from one body to another body or from one officer to another officer, or from one body to an officer, or from an officer to one or more bodies, a receipt therefor shall be given by the officer receiving the same. The provisions of this section shall apply to the chief clerk of the house of representatives, the secretary of the senate, the secretary of state, the revisor of statutes, the state printer and the governor and all officers acting by or for any of the foregoing. Each such officer shall be responsible for the safety of any and all bills, resolutions and other papers placed in his or her custody by law or under the rules of either house of the legislature or by transmittal, delivery or message as provided in this act.
History: L. 1969, ch. 249, § 9; L. 1975, ch. 265, § 8; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-310 Session laws; publication, printing, title and contents.

45-310.
Session laws; publication, printing, title and contents.
(a) All acts passed at each session of the legislature shall be published in one or more volumes, under the direction of the secretary of state, as soon as practicable after the close of the session at which the same are passed. Such acts shall take effect and be in force from and after such publication, unless otherwise specifically provided in such act. Such volume or volumes shall also have included therein an index, the veto messages of the governor, if any, all certificates that a bill or item or items of a bill have been approved notwithstanding the governor's veto, if any, and all concurrent resolutions adopted by the legislature, except such resolutions extending congratulations or making a memorial for any decedent. Whenever any bill or act of the legislature shall provide that the same shall be effective from and after its publication in the statute book, the words "publication in the statute book" mean the date of publication of the session laws of Kansas specified in the certificate provided for by K.S.A. 45-311. Nothing contained in this act shall be construed to require the same date of publication for separate volumes of the session laws of Kansas when more than one volume is published for a single legislative session.
(b) Such volume or volumes shall be titled and may be cited as "________ Session Laws of Kansas." The blank shall be filled with the numeric designation of the year, in the case of regular sessions, and in the case of special sessions the blank shall be filled with the numeric designation of the year followed by the word "Special." Such title shall be printed on the back of each volume.
(c) The sections in such volume or volumes shall be printed in the same manner as the 1967 Session Laws of Kansas, except (1) material added to an existing section of the statutes shall be printed in italic type, and (2) material deleted from an existing section of the statutes shall be printed in canceled type.
(d) The secretary of state is authorized and directed to exercise editorial judgment in preparation of such volume or volumes to the end that the purposes of this act are made effective.
History:
L. 1969, ch. 249, § 10; L. 1972, ch. 197, § 1; L. 1975, ch. 265, § 9; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-311 Certification of session laws; date of publication.

45-311.
Certification of session laws; date of publication.
The secretary of state shall prefix to each printed volume of the laws his certificate that the acts and resolutions therein contained are truly copied from the original enrolled acts and other official documents of the legislature, and specifying the date of the publication of such volume. The date of publication so specified shall not be sooner than the date that at least a limited number of the volume are in the office of the secretary of state and shall be July 1 if a limited number of the volume are in the office of the secretary of state on or before July 1, unless an earlier date for any volume is directed by concurrent resolution of the legislature. The date so specified need not be the same as the date when such volume is first actually distributed. The certificates mentioned in this act shall be evidence of the facts contained therein.
History:
L. 1969, ch. 249, § 11; L. 1972, ch. 197, § 2; March 24.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-312 Publication of bills in Kansas register.

45-312.
Publication of bills in Kansas register.
In all acts containing a provision for their publication one or more times in the Kansas register, the secretary of state shall attach to the enrolled bill a certificate stating the date of such publication. In the printed volume or volumes of laws there shall be appended to each act so published the date of such publication, and the issue of the Kansas register in which it was published, which shall be evidence of such publication and the date thereof.
History: L. 1969, ch. 249, § 12; L. 1975, ch. 265, § 10; L. 1982, ch. 346, § 3; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-313 Printing of session laws.

45-313.
Printing of session laws.
Paper-bound copies of the laws passed at each legislative session shall be printed in such quantity as the secretary of state determines sufficient.
History:
L. 1969, ch. 249, § 13; L. 1971, ch. 184, § 22; L. 1978, ch. 199, § 1; L. 1999, ch. 141, § 1; May 20.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-314 Printing of enrolled bills; specifications.

45-314.
Printing of enrolled bills; specifications.
The secretary of state shall determine (1) the length and width of the printed page for all enrolled bills and resolutions, and (2) width of the margin on either side and end of such printed page. The enrolled bills and resolutions shall be printed by the division of printing on parchment, or the substantial equivalent therefor.
History:
L. 1969, ch. 249, § 14; L. 1970, ch. 195, § 1; L. 1975, ch. 265, § 11; L. 1975, ch. 266, § 1; L. 1977, ch. 185, § 2; April 21.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-315 Timetable for printing session laws.

45-315. Timetable for printing session laws.
After the sine die adjournment of each legislative session, the state printer and the secretary of state shall complete preparation and printing of at least a limited number of each volume of the session laws for publication on or before July 1 of such year. The state printer shall thereafter, as rapidly as practicable, print and deliver to the secretary of state bound copies as provided by law.
History:
L. 1969, ch. 249, § 15; L. 1972, ch. 197, § 3; L. 1975, ch. 265, § 12; L. 2021, ch. 61, § 37; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-316 Payment of expenses; approval.

45-316.
Payment of expenses; approval.
The director of accounts and reports shall draw his or her warrants upon the state treasurer for services under the provisions of this act, upon vouchers approved by the secretary of state or the director of legislative administrative services. All expenses incurred under this act shall be paid from funds appropriated for legislative expense.
History: L. 1969, ch. 249, § 16; L. 1975, ch. 265, § 13; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-317 Printing of bills and concurrent resolutions; types.

45-317.
Printing of bills and concurrent resolutions; types.
The state printer is hereby directed to print each succeeding version of each bill and concurrent resolution to show changes made in each house in a different font of type and to retain material shown in canceled type and italic type in each reprinting of the bill or resolution. The state printer is directed to use the following types for the material indicated:
(a) Original new material in italic type, except original new material when the entire section is new material, in which case roman type shall be used and the word "New" shall precede the word "Section" or "Sec." at the beginning of each such entirely new section, and the words "New Section" shall be printed in italic type.
(b) Existing material being deleted in roman canceled type.
(c) Existing material in roman type.
(d) House committee amendments in boldface.
(e) New material being deleted in italic canceled type.
(f) House committee of the whole amendments in boldface and set off by brackets.
(g) Senate committee amendments in boldface italic type.
(h) Senate committee of the whole amendments in boldface italic and in brackets.
(i) Material other than the foregoing as seems appropriate to the state printer.
History:
L. 1975, ch. 265, § 14; February 3.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 3 - Legislative Documents › 45-318 Printing of executive reorganization orders.

45-318.
Printing of executive reorganization orders.
Whenever an executive reorganization order is transmitted to the houses of the legislature, the same shall be printed in the same manner as 1975 Executive Reorganization Order No. 10* by the state printing plant in such numbers as bills are printed.
History:
L. 1975, ch. 266, § 7; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-401 Public policy concerning government records.

45-401.
Public policy concerning government records.
The legislature declares that state and local government records with enduring value should be stored in conditions which are not adverse to their permanent preservation and should be properly arranged so that appropriate public access to such records is possible. Disposition of noncurrent records which do not merit preservation will promote economy and efficiency in the day-to-day activities of government. Cooperation among agencies at all levels of government is necessary in order to achieve proper preservation of records with enduring value.
History:
L. 1981, ch. 331, § 1; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-402 Definitions.

45-402.
Definitions.
As used in this act:
(a) "State agency" means any department, board, commission, or authority of the executive branch of state government.
(b) "Local agency" means any department, board, commission, officer or authority of a county, city, township, school district or other tax-supported governmental subdivision of the state.
(c) "Board" means the state records board established pursuant to K.S.A. 75-3502 and amendments thereto.
(d) "Government records" means all volumes, documents, reports, maps, drawings, charts, indexes, plans, memoranda, sound recordings, microfilms, photographic records and other data, information or documentary material, regardless of physical form or characteristics, storage media or condition of use, made or received by an agency in pursuance of law or in connection with the transaction of official business or bearing upon the official activities and functions of any governmental agency. Published material acquired and preserved solely for reference purposes, extra copies of documents preserved only for convenience of reference and stocks of publications, blank forms and duplicated documents are not included within the definition of government records.
(e) "Noncurrent government records" means all government records which no longer are necessary for the handling of ordinary official public business by the agency and which are not required by law to be retained in the immediate custody of the agency for a longer period of time.
(f) "Government records with enduring value" means all government records which merit preservation for historical, legal, fiscal or administrative reasons, or for research purposes.
(g) "Retention and disposition schedules" means lists of series of government records, prepared pursuant to K.S.A. 45-404 and subsections (c) and (d) of K.S.A. 45-406, and amendments thereto, specifying which series of records have enduring value, authorizing disposition of certain other series of records, and indicating how long certain series of records should be retained before disposition of them.
History:
L. 1981, ch. 331, § 2; L. 1984, ch. 188, § 1; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-403 Government records are public property; destruction prohibited, except as permitted by retention and disposition schedules.

45-403.
Government records are public property; destruction prohibited, except as permitted by retention and disposition schedules.
(a) All government records made or received by and all government records coming into the custody, control or possession of a state or local agency, in the course of its public duties, and all government records deposited in the state archives, shall be public property and shall not be mutilated, destroyed, transferred, removed, damaged or otherwise disposed of, in whole or in part, except as provided by law, or as may be authorized in the retention and disposition schedules.
(b) Authority for the disposition of records on a continuing basis approved for state agencies by the state records board, or for county officers by the state archivist, prior to adoption of this act shall be null and void, after adoption of the appropriate retention and disposition schedules.
History:
L. 1981, ch. 331, § 3; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-405 State archives; transfer of records thereto; discard or disposition of certain materials.

45-405.
State archives; transfer of records thereto; discard or disposition of certain materials.
(a) The state historical society shall serve as the official state archives and shall assist state and local agencies in the preservation of government records with enduring value.
(b) Any state or local agency may transfer to the state archives any noncurrent government records accepted by the state archivist and all state agencies shall transfer to the state archives any noncurrent government records when directed to do so by the state records board. With the approval of the state archivist, noncurrent legislative and judicial records also may be deposited in the state archives for preservation.
(c) The secretary of state shall not be prevented by any statute from depositing in the state archives any noncurrent government records accepted by the state archivist.
(d) The provisions of this act shall not prohibit discarding or otherwise disposing of extraneous, worthless or duplicate material found in government records when processed by the state archives staff. Any records placed in the state archives may be disposed of in any manner approved by the board and the state archivist upon a determination that such records no longer have enduring value.
History:
L. 1981, ch. 331, § 5; L. 1984, ch. 188, § 3; L. 1992, ch. 29, § 1; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-407 Public access or restriction of records; state archivist access to restricted records; disclosure prohibited; misdemeanor.

45-407.
Public access or restriction of records; state archivist access to restricted records; disclosure prohibited; misdemeanor.
(a) All government records deposited subsequent to adoption of this act in the state archives shall remain subject to any current state or federal statutes, or administrative regulations authorized by statute, which require public access or restrict public access to the records while retained by the state or local agency or the branch of state government making the deposit. The state or local agency or the branch of state government making the deposit may require continued application to government records deposited in the state archives of any discretionary restrictions on public access which are authorized by statute or by administrative regulations authorized by statute, if such requirements are specified at the time of the deposit. No fees shall be charged for the examination of government records held by the state archives.
(b) Any discretionary restrictions placed on public access to government records deposited in the state archives shall be enforced for periods designated at the time of the deposit which shall not exceed, and preferably will be much less than, 70 years after creation of the records.
(c) The state archivist, or representatives of the state archivist may examine records deposited in the state archives to which public access is restricted by statute or by administrative regulations authorized by statute, to the extent necessary to properly arrange, store and preserve them and provide proper public access.
(d) Statutes or administrative regulations authorized by statute restricting public access to certain types of records shall not prohibit the state archivist or authorized representatives of the state archivist from examining any government records held by a state or local agency in order to prepare comprehensive inventories containing general information about the nature, scope, contents and location of each record series, or in order to assist in properly arranging, storing and preserving government records with enduring value. No confidential information found in such restricted government records shall be revealed to any person by the state archivist or by representatives of the state archivist. Violation of this subsection shall be punishable as a class B misdemeanor.
History:
L. 1981, ch. 331, § 7; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-408 State agencies required to cooperate with state records board and state archivist; rules and regulations of board.

45-408.
State agencies required to cooperate with state records board and state archivist; rules and regulations of board.
Each agency of state government shall:
(a) Obtain authority from the state records board before disposing of any government record, unless the disposition is authorized by statute or in the retention and disposition schedules, or unless the record is being deposited in the state archives; obtain authority from the board before disposing of any government record prior to termination of the minimum retention period listed in the retention and disposition schedules.
(b) Provide storage conditions for all government records with enduring value which are not seriously adverse to their preservation and which will not prevent providing proper public access to the records; adopt reasonable security measures to protect government records from theft or damage.
(c) Cooperate with efforts by the state archivist or representatives of the state archivist to inspect records and the conditions in which they are stored, to prepare comprehensive inventories of government records, to microfilm noncurrent records with enduring value and to improve the arrangement, storage and physical condition of noncurrent government records with enduring value in accordance with appropriate archival techniques. Agencies shall not be required to provide funds or staff time for these purposes, but they shall give careful consideration to requests and recommendations made by the state archivist.
(d) Comply with rules and regulations, standards and procedures adopted by the state records board and the state archivist pursuant to the provisions of this act.
History:
L. 1981, ch. 331, § 8; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-409 Local agencies to cooperate.

45-409.
Local agencies to cooperate.
Each local agency shall:
(a) Give careful consideration to the recommended retention and disposition schedules prepared by the state archivist when considering the disposition of government records and comply with all statutes governing the disposition of government records.
(b) Cooperate with efforts by the state archivist or representatives of the state archivist to inspect government records and the conditions in which they are stored, to prepare comprehensive inventories of government records, to microfilm noncurrent government records with enduring value and to improve the arrangement, storage and physical condition of noncurrent government records with enduring value in accordance with appropriate archival techniques. Local agencies shall not be required to provide funds or staff time for these purposes, but they shall give careful consideration to requests and recommendations made by the state archivist.
History:
L. 1981, ch. 331, § 9; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-410 Legislative records; legislative coordinating council control.

45-410.
Legislative records; legislative coordinating council control.
The state records board shall have no control over the disposition of legislative records. Subject to the approval of the legislative coordinating council, those records with enduring value as determined by the state archivist may be transferred to the state archives. Recommended retention and disposition schedules for legislative records may be prepared by the state archivist. The correspondence and other papers of an individual legislator shall be considered the personal property of the individual legislator.
History:
L. 1981, ch. 331, § 10; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-411 Judicial records; supreme court rules.

45-411.
Judicial records; supreme court rules.
The state records board shall have no control over the disposition of judicial records. The supreme court shall make appropriate rules regarding the preservation or disposition of state judicial records, including appellate, district and other courts.
History:
L. 1981, ch. 331, § 11; July 1.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 4 - Public Records Preservation › 45-414 State archivist; duties; recommendations; certification by electronic signature; fees.

45-414.
State archivist; duties; recommendations; certification by electronic signature; fees.
(a) The state archivist shall prepare and present recommendations, to be approved by the state records board, based on national and professional standards as determined by the state archivist, for preservation processes for maintaining the authenticity of electronic government records.
(b) Electronic records maintained pursuant to subsection (a), when certified with the electronic signature of the state archivist, shall be considered to have all the legal force and effect as the original record.
(c) Reasonable fees may be charged for the preparation and certification of such electronic copies.
(d) This section shall be part of and supplemental to the government records preservation act, K.S.A. 45-401 et seq.
History:
L. 2010, ch. 5, § 1; March 11.
2023 Kansas Statutes › Chapter 45 - Public Records, Documents And Information › Article 5 - Miscellaneous Provisions › 45-501 Records made on electronically-accessed media; authorization; conditions and procedures, application; notice to state records board.

45-501.
Records made on electronically-accessed media; authorization; conditions and procedures, application; notice to state records board.
(a) Whenever any state agency or local agency is required by law to make a record or to record any transaction or any instrument, paper or document, the making of such record on computer disk, tape or other electronically accessed media, in accordance with this section, shall be deemed to be recording or the making of the record as required by law.
(b) When any such records are made on computer disks, tapes or other electronically accessed media under this section, such records shall be maintained and adequate provisions shall be made for their preservation, examination and availability for ready use by those persons lawfully entitled to view them through the use of computer terminal displays, computer printouts, other computer-generated displays or other suitable facilities which may be made available at one or more locations designated by the state agency or local agency therefor. The capability to produce a computer printout or other printed version of such records stored on computer disks, tapes or other electronically accessed media shall be maintained by the state agency or local agency at all times so that such a printed copy of such records may be made available to persons lawfully entitled to view the records, subject to any applicable fees for such printed copies, from one or more locations designated by the state agency or local agency therefor. Each computer or other electronically accessed media system used to make records under this section shall include adequate security procedures and other provisions for a permanent record of all persons who have access to and make, amend or delete any records or other data in such system.
(c) No state agency or local agency which records or stores information on computer disks, tapes or other electronically accessed media shall be required to satisfy the standards and procedures imposed under this section, unless such records and information are records required by law and such records are not also made or maintained in another manner required or permitted by law. Each state agency or local agency which makes records or stores information on computer tapes, disks or other electronically accessed media in accordance with this section and which does not keep such records or information in another manner shall give written notice to the state records board thereof and shall identify all such records and information in such notice.
(d) As used in this section, the words and phrases set out in K.S.A. 45-402 and amendments thereto have the meanings ascribed to them in that section, unless the context requires a different meaning.
(e) This section shall be supplemental to existing statutes.
History:
L. 1985, ch. 96, § 1; July 1.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 1 - General Provisions › 46-125 Privileges of members of the legislature in court proceedings.

46-125.
Privileges of members of the legislature in court proceedings.
That from and after the fifteenth day preceding the day on which any regular or special session of the legislature of this state shall convene, and until the tenth day after adjournment is taken sine die, members of the legislature of this state shall not be required to appear in any court in this state and participate in the trial of any action therein pending, or the hearing of any motion, application or other proceeding in which such member is employed as attorney or interested as a party; and no such member shall be required to attend the taking of any depositions in any action pending in any court in this state in which he is employed during the whole of said period of time, except in cases where the court shall, in its discretion, make an order authorizing the taking of such deposition.
History:
L. 1915, ch. 86, § 1; R.S. 1923, 46-125; L. 1927, ch. 233, § 1; March 11.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 1 - General Provisions › 46-126 Continuance of cases.

46-126.
Continuance of cases.
That any member of the legislature who may have a case pending in any court in this state, may have the same continued until the legislature shall adjourn sine die in the manner hereafter provided for.
History:
L. 1915, ch. 86, § 2; January 28; R.S. 1923, 46-126.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 1 - General Provisions › 46-127 Judicial notice of personnel of legislature; waiver of privilege.

46-127.
Judicial notice of personnel of legislature; waiver of privilege.
That all judges of the courts of this state shall take judicial notice of the personnel of the legislature, and it shall be the duty of said judge to continue the trial of any cause in which any member of the legislature appears as attorney of record or party, so that said cause shall not be tried and no motion, application or other proceedings shall be taken or heard or judgment rendered therein during a period beginning fifteen days before the legislature convenes and until the expiration of ten days after the legislature shall have adjourned sine die, unless such privilege is waived in open court or in writing by such member.
History: L. 1915, ch. 86, § 3; R.S. 1923, 46-127; L. 1927, ch. 233, § 2; March 11.
2023 Kansas Statutes › Chapter 46 - Legislature › Article 1 - General Provisions › 46-127a When judgment and order to be null and void.

46-127a.
When judgment and order to be null and void.
Any judgment obtained in any cause tried contrary to the provisions of this act, and every order made by any court contrary to the provisions of this act, shall be null and void.
History:
L. 1927, ch. 233, § 3; March 11.