Kansas Statutes Annotated

K.S.A. § 45-217 (2026)

Definitions

✓ current as of May 2026

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45-217. Definitions. As used in the open records act, unless the context otherwise requires:

(a) "Automated license plate recognition system" means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data.

(b) "Business day" means any day other than a Saturday, Sunday or day designated as a holiday by the congress of the United States, by the legislature or governor of this state or by the respective political subdivision of this state.

(c) "Captured license plate data" means the global positioning device coordinates, date and time, photograph, license plate number and any other data captured by or derived from an automated license plate recognition system.

(d) "Clearly unwarranted invasion of personal privacy" means revealing information that would be highly offensive to a reasonable person, including information that may pose a risk to a person or property and is not of legitimate concern to the public.

(e) "Criminal investigation records" means:

(1) Every audio or video recording made and retained by law enforcement using a body camera or vehicle camera as defined by K.S.A. 45-254, and amendments thereto; and

(2) records of an investigatory agency or criminal justice agency as defined by K.S.A. 22-4701, and amendments thereto, compiled in the process of preventing, detecting or investigating violations of criminal law, but does not include police blotter entries, court records, rosters of inmates of jails or other correctional or detention facilities or records pertaining to violations of any traffic law other than vehicular homicide as defined by K.S.A. 21-3405, prior to its repeal, or K.S.A. 21-5406, and amendments thereto.

(f) "Custodian" means the official custodian or any person designated by the official custodian to carry out the duties of custodian of this act.

(g) "Cybersecurity assessment" means an investigation undertaken by a person, governmental body or other entity to identify vulnerabilities in cybersecurity plans.

(h) "Cybersecurity plan" means information about a person's information systems, network security, encryption, network mapping, access control, passwords, authentication practices, computer hardware or software or response to cybersecurity incidents.

(i) "Cybersecurity vulnerability" means a deficiency within computer hardware or software, or within a computer network or information system, that could be exploited by unauthorized parties for use against an individual computer user or a computer network or information system.

(j) "Official custodian" means any officer or employee of a public agency who is responsible for the maintenance of public records, regardless of whether such records are in the officer's or employee's actual personal custody and control.

(k) (1) "Public agency" means the state or any political or taxing subdivision of the state or any office, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or taxing subdivision of the state.

(2) "Public agency" does not include:

(A) Any entity solely by reason of payment from public funds for property, goods or services of such entity; or

(B) any municipal judge, judge of the district court, judge of the court of appeals or justice of the supreme court.

(l) (1) "Public record" means any recorded information, regardless of form, characteristics or location, that is made, maintained or kept by or is in the possession of:

(A) Any public agency; or

(B) any officer or employee of a public agency pursuant to the officer's or employee's official duties and that is related to the functions, activities, programs or operations of any public agency.

(2) "Public record" includes, but is not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system and the investment of moneys of the fund.

(3) Notwithstanding the provisions of paragraph (1), "public record" does not include:

(A) Records that are owned by a private person or entity and are not related to functions, activities, programs or operations funded by public funds. As used in this subparagraph, "private person" does not include an officer or employee of a public agency who is acting pursuant to the officer's or employee's official duties;

(B) records that are made, maintained or kept by an individual who is a member of the legislature or of the governing body of any political or taxing subdivision of the state; or

(C) records of employers related to the employer's individually identifiable contributions made on behalf of employees for workers compensation, social security, unemployment insurance or retirement. The provisions of this subparagraph shall not apply to records of employers of lump-sum payments for contributions as described in this subparagraph paid for any group, division or section of an agency.

(m) "Undercover agent" means an employee of a public agency responsible for criminal law enforcement who is engaged in the detection or investigation of violations of criminal law in a capacity where such employee's identity or employment by the public agency is secret.

History: L. 1984, ch. 187, § 3; L. 1992, ch. 321, § 22; L. 1994, ch. 293, § 4; L. 2005, ch. 126, § 7; L. 2011, ch. 30, § 191; L. 2016, ch. 82, § 10; L. 2021, ch. 82, § 10; L. 2022, ch. 48, § 1; July 1.

Notes of Decisions

Cited in 23 cases (5 in the last 5 years), 1987–2025 · leading case: Baker v. Hayden, 490 P.3d 1164 (Kan. 2021).

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Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). · cites it 4× “See K.S.A. 2020 Supp. 45-217(e) ("'Official custodian' means any officer or employee of a public agency who is responsible for the maintenance of public records, regardless of whether such records are in the officer's or employee's actual personal custody and control.”

State v. Great Plains of Kiowa Cnty., Inc., 425 P.3d 290 (Kan. 2018). · cites it 6× “" K.S.A. 2015 Supp. 45-217(f)(1) defines a public agency to be "the state or any political or taxing subdivision of the state or any office, officer, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public…”

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). · cites it 4× “See K.S.A. 45-217(b) (excluding court records from the definition of “criminal investigation records”).”

Willis v. Kansas High. Patrol, 41 P.3d 824 (Kan. 2002). · cites it 4× “The KHP filed a motion to dismiss, asking the court to find that the record requested was a criminal investigation record as defined by K.S.A. 45-217(b) and not subject to disclosure except by appropriate court findings and order under K.”

Data Tree, LLC v. Meek, 109 P.3d 1226 (Kan. 2005). · cites it 3× “Under K.S.A. 45-217(f), it is clear that the records kept by the Register of Deeds are public records as defined by the KORA and therefore are subject to its provisions, including K.”

Harris Enter., Inc. v. Moore, 734 P.2d 1083 (Kan. 1987). · cites it 2× “Thus, the act does not prohibit disclosure of records contained within these exceptions, but rather makes their release discretionary *64 with the official records custodian.”

Kansas Racing Mgmt., Inc. v. Kansas Racing Comm'n, 770 P.2d 423 (Kan. 1989). “” K.S.A. 45-217(b). (Emphasis supplied.) The KORA statutory exemption of criminal investigation information covers records related to the investigation of specific crimes or prospective law enforcement action, such as interviews with witnesses, affidavits, and notes and reports…”

Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). “As a municipal corporation organized under the laws of Kansas, the City is a “public agency” within the meaning of K.S.A. 1998 Supp. 45-217(e)(1), is generally subject to the provisions of the KORA, K.”

Burroughs v. Thomas, 937 P.2d 12 (Kan. Ct. App. 1997). · cites it 2× “Thomas claims that the trial court erred, arguing that: (1) some of the records at issue do not meet the definition of “records” in the KORA; (2) if his records did fall under the KORA, three statutory exemptions applied; (3) the KORA and the included exemptions must be read in…”

State v. Great Plains of Kiowa Cnty., Inc., 389 P.3d 984 (Kan. Ct. App. 2017). · cites it 14× “The court specifically found that because the County provided public funds to GPKC through mill tax levy funds, GPKC was a public agency under K.S.A. 2015 Supp. 45-217(f)(l). The court further concluded that the exemption in K.”

Disabato v. South Carolina Ass'n of Sch. Administrators, 746 S.E.2d 329 (S.C. 2013). “§ 50-14-1 (defining a "public agency" subject to the statute as including "[a]ny nonprofit organization to which there is a direct allocation of tax funds made by the governing body of any agency as defined in this paragraph which constitutes more than 33 percent of the funds…”

Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). “KORA defines “public records” at K.S.A. 2014 Supp. 45-217(g) (l)-(3). We will not parse that language because Hunter did not ask the district court to exercise jurisdiction over ostensibly public records.”

Show all 23 citing cases →

— K.S.A. § 45-217(b) — 4 cases

Willis v. Kansas High. Patrol, 41 P.3d 824 (Kan. 2002). “The KHP filed a motion to dismiss, asking the court to find that the record requested was a criminal investigation record as defined by K.S.A. 45-217(b) and not subject to disclosure except by appropriate court findings and order under K.”

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). “See K.S.A. 45-217(b) (excluding court records from the definition of “criminal investigation records”).”

Seck v. City of Overland Park, 27 P.3d 919 (Kan. Ct. App. 2000).

— K.S.A. § 45-217(d) — 1 case

Baker v. Hayden (Kan. Ct. App. 2020).

— K.S.A. § 45-217(e) — 5 cases

Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). “See K.S.A. 2020 Supp. 45-217(e) ("'Official custodian' means any officer or employee of a public agency who is responsible for the maintenance of public records, regardless of whether such records are in the officer's or employee's actual personal custody and control.”

State v. Great Plains of Kiowa Cnty., Inc., 389 P.3d 984 (Kan. Ct. App. 2017). “The court specifically found that because the County provided public funds to GPKC through mill tax levy funds, GPKC was a public agency under K.S.A. 2015 Supp. 45-217(f)(l). The court further concluded that the exemption in K.”

Altevogt v. Youthfriends, 27 P.3d 947 (Kan. Ct. App. 2001).

State v. Great Plains of Kiowa Cnty., Inc. (Kan. Ct. App. 2017).

Baker v. Hayden (Kan. Ct. App. 2020).

— K.S.A. § 45-217(e)(1) — 2 cases

Burroughs v. Thomas, 937 P.2d 12 (Kan. Ct. App. 1997). “Thomas claims that the trial court erred, arguing that: (1) some of the records at issue do not meet the definition of “records” in the KORA; (2) if his records did fall under the KORA, three statutory exemptions applied; (3) the KORA and the included exemptions must be read in…”

— K.S.A. § 45-217(e)(l) — 1 case

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). “See K.S.A. 45-217(b) (excluding court records from the definition of “criminal investigation records”).”

— K.S.A. § 45-217(f) — 4 cases

Data Tree, LLC v. Meek, 109 P.3d 1226 (Kan. 2005). “Under K.S.A. 45-217(f), it is clear that the records kept by the Register of Deeds are public records as defined by the KORA and therefore are subject to its provisions, including K.”

Kansas One-call Sys., Inc. v. State, 274 P.3d 625 (Kan. 2012).

Kansas One-Call Sys., Inc. v. State, 274 P.3d 625 (Kan. 2012).

The Salina Journal v. Brownback (Kan. Ct. App. 2017).

— K.S.A. § 45-217(f)(1) — 7 cases

State v. Great Plains of Kiowa Cnty., Inc., 425 P.3d 290 (Kan. 2018). “" K.S.A. 2015 Supp. 45-217(f)(1) defines a public agency to be "the state or any political or taxing subdivision of the state or any office, officer, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public…”

State v. Great Plains of Kiowa Cnty., Inc. (Kan. Ct. App. 2017).

— K.S.A. § 45-217(f)(2) — 3 cases

State v. Great Plains of Kiowa Cnty., Inc. (Kan. Ct. App. 2017).

— K.S.A. § 45-217(f)(2)(A) — 4 cases

State v. Great Plains of Kiowa Cnty., Inc. (Kan. Ct. App. 2017).

Hammet v. Schwab, 518 P.3d 48 (Kan. Ct. App. 2022).

— K.S.A. § 45-217(f)(l) — 3 cases

Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). “See K.S.A. 45-217(b) (excluding court records from the definition of “criminal investigation records”).”

Harris Enter., Inc. v. Moore, 734 P.2d 1083 (Kan. 1987). “Thus, the act does not prohibit disclosure of records contained within these exceptions, but rather makes their release discretionary *64 with the official records custodian.”

— K.S.A. § 45-217(g) — 4 cases

The Salina Journal v. Brownback (Kan. Ct. App. 2017).

Roe v. Phillips Cnty. Hosp. (Kan. 2023).

— K.S.A. § 45-217(g)(1) — 5 cases

Brooke v. Reed, 2025 OK 86 (Okla. 2025).

Roe v. Phillips (Kan. Ct. App. 2022).

State v. Great Plains of Kiowa Cnty., Inc. (Kan. Ct. App. 2017).

Roe v. Phillips Cnty. Hosp. (Kan. 2023).

— K.S.A. § 45-217(g)(1)(A) — 3 cases

Roe v. Phillips (Kan. Ct. App. 2022).

Hammet v. Schwab, 518 P.3d 48 (Kan. Ct. App. 2022).

— K.S.A. § 45-217(g)(2) — 3 cases

State v. Great Plains of Kiowa Cnty., Inc. (Kan. Ct. App. 2017).

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