Session of 2018

SENATE BILL No. 360
By Committee on Judiciary
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AN ACT concerning the open records act; relating to copies of records;
disclosure of law enforcement recordings using a body camera or
vehicle camera; amending K.S.A. 2017 Supp. 45-219 and 45-254 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2017 Supp. 45-219 is hereby amended to read as
follows: 45-219. (a) Any person may make abstracts or obtain copies of
any public record to which such person has access under this act. If copies
are requested, the public agency may require a written request and advance
payment of the prescribed fee payment of copying fees may be required
prior to the making of copies. A public agency shall not be required to
provide copies of public records maintained on computer facilities, radio
or recording tapes or discs, video tapes or films, pictures, slides, graphics,
illustrations or similar audio or visual items or devices, unless if
duplication equipment is available or if such items or devices were shown
or played to a public meeting of the governing body thereof, but the. A
public agency shall not be required to provide such items or devices which
are copyrighted by a person other than the public agency.
(b) Copies of public records shall be made while the records are in
the possession, custody and control of the custodian or a person designated
by the custodian and shall be made under the supervision of such
custodian or person. When practical, copies shall be made in the place
where the records are kept. If it is impractical to do so, the custodian shall
allow arrangements to be made for use of other facilities. If it is necessary
to use other facilities for copying, the cost thereof shall be paid by the
person desiring a copy of the records. In addition, the public agency may
charge the same fee for the services rendered in supervising the copying as
for furnishing copies under subsection (c) and may establish a reasonable
schedule of times for making copies at other facilities.
(c) Except as provided by subsection (f) or where fees for inspection
or for copies of a public record are prescribed by statute, each public
agency may prescribe reasonable fees for providing access to or furnishing
copies of public records, subject to the following:
(1) In the case of fees for copies of records, the fees shall not exceed
the actual cost of furnishing copies, including the cost of staff time

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required to make the information available.
(2) In the case of fees for providing access to records maintained on
computer facilities, the fees shall include only the cost of any computer
services, including staff time required.
(3) Fees for access to or copies of public records of public agencies
within the legislative branch of the state government shall be established in
accordance with K.S.A. 46-1207a, and amendments thereto.
(4) Fees for access to or copies of public records of public agencies
within the judicial branch of the state government shall be established in
accordance with rules of the supreme court.
(5) Fees for access to or copies of public records of a public agency
within the executive branch of the state government shall be established by
the agency head. Any person requesting records may appeal the
reasonableness of the fees charged for providing access to or furnishing
copies of such records to the secretary of administration whose decision
shall be final. A fee for copies of public records which is equal to or less
than $.25 per page shall be deemed a reasonable fee.
(d) Except as otherwise authorized pursuant to K.S.A. 75-4215, and
amendments thereto, each public agency within the executive branch of
the state government shall remit all moneys received by or for it from fees
charged pursuant to this section to the state treasurer in accordance with
K.S.A. 75-4215, and amendments thereto. Unless otherwise specifically
provided by law, the state treasurer shall deposit the entire amount thereof
in the state treasury and credit the same to the state general fund or an
appropriate fee fund as determined by the agency head.
(e) Each public agency of a political or taxing subdivision shall remit
all moneys received by or for it from fees charged pursuant to this act to
the treasurer of such political or taxing subdivision at least monthly. Upon
receipt of any such moneys, such treasurer shall deposit the entire amount
thereof in the treasury of the political or taxing subdivision and credit the
same to the general fund thereof, unless otherwise specifically provided by
law.
(f) Any person who is a certified shorthand reporter may charge fees
for transcripts of such person's notes of judicial or administrative
proceedings in accordance with rates established pursuant to rules of the
Kansas supreme court.
(g) Nothing in the open records act shall require a public agency to
electronically make copies of public records by allowing a person to obtain
copies of a public record by inserting, connecting or otherwise attaching
an electronic device provided by such person to the computer or other
electronic device of the public agency.
Sec. 2. K.S.A. 2017 Supp. 45-254 is hereby amended to read as
follows: 45-254. (a) Every audio or video recording made and retained by

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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. The provisions of this subsection shall expire on
July 1, 2021, unless the legislature reviews and reenacts this provision
pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2021.
(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 request 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 24 hours
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) a parent or legal guardian of a person under 18 years of age who
is a subject of the recording;
(3) an attorney for a person described in subsection (c)(1) or (c)(2);
and
(4) an heir at law, an executor or an administrator of a decedent, or
an individual who has secured a written release from the next of kin of a
decedent, when the decedent is a subject of the recording.
(d) A law enforcement agency shall disclose any audio or video
recording made and retained by the agency using a body camera or a
vehicle camera within 30 days after a request is made by any person, if the
recording depicts or describes:
(1) The discharge of a firearm by a law enforcement officer in the
course of duty, other than the discharge of a firearm for training purposes,
or the killing of an animal that is sick, injured or dangerous; or
(2) the use of force by a law enforcement officer that results in great
bodily harm or death.
(e) (1) A law enforcement agency shall redact or obscure specific
portions of any audio or video recording before disclosure that:
(A) Depicts the death of a person, a dead body, or clearly visible acts
of severe violence or great bodily harm against a person, unless the death
or act was caused by a law enforcement officer;
(B) depicts nudity or sexual conduct as defined in K.S.A. 2017 Supp.
21-6402, and amendments thereto;
(C) reveals the identity of any confidential source or undercover
agent;
(D) reveals confidential investigative techniques or procedures not
known to the general public;
(E) endangers the life or physical safety of any person;

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(F) reveals the name, address, phone number or any other
information that specifically and individually identifies the victim of any
sexual offense in article 35 of chapter 21 of the Kansas Statutes
Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas
Statutes Annotated, and amendments thereto;
(G) identifies a minor under the age of 16 or undermines the
confidentiality requirements for juvenile records as provided in chapter 38
of the Kansas Statutes Annotated, and amendments thereto;
(H) includes confidential medical information or personal
information as defined in K.S.A. 2017 Supp. 50-7a01, and amendments
thereto; or
(I) reveals the name or license plate number of a person not arrested,
cited, charged or issued a written warning.
(2) This subsection shall not apply to requests made by a person
described in subsection (c).
(f) (1) A law enforcement agency may redact or obscure specific
portions of any audio or video recording before disclosure that reveals the
identify of a law enforcement officer who is subject to an internal
investigation as a result of an event depicted in the recording, except as
provided in subsection (f)(2).
(2) (A) A law enforcement agency shall not redact the identity of a
law enforcement officer after the agency has concluded the investigation
or rendered a decision as to final disciplinary action, and the records
previously withheld, redacted or obscured under this section shall be made
available for public inspection and copying.
(B) If such investigation lasts for longer than 270 days, video and
audio recordings not disclosed, redacted or obscured under this section
shall be made available for public inspection and copying.
(g) 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) "Great bodily harm" means bodily injury that creates a
substantial risk of death or causes serious, permanent disfigurement or
protracted loss or impairment of the function of any body part or organ.
(3) "Heir at law" means: (A) The spouse of the decedent, if living; (B)
if there is no living spouse of the decedent, an adult child of the decedent,
if living; or (C) if there is no living spouse or adult child, a parent of the
decedent, if living. It shall be the responsibility of the heir at law to show
proof of the familial relationship.
(4) "Vehicle camera" means a device that is attached to a law
enforcement vehicle that electronically records audio or video of law
enforcement officers' activities.
Sec. 3. K.S.A. 2017 Supp. 45-219 and 45-254 are hereby repealed.

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Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.