K.S.A. » Chapter 45
Kansas Statutes Annotated

K.S.A. § 45-223 (2026)

Civil penalties for violations

✓ current as of May 2026
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45-223. Civil penalties for violations. (a) Any public agency subject to this act that knowingly violates any of the provisions of this act or that intentionally fails to furnish information as required by this act shall be liable for the payment of a civil penalty in an action brought by the attorney general or a county or district attorney, in a sum set by the court of not to exceed $500 for each violation.

(b) Any civil penalty sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund. Any civil penalty sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county in which the proceedings were instigated.

History: L. 1984, ch. 187, § 9; L. 2000, ch. 156, § 5; L. 2015, ch. 68, § 12; July 1.


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www.ksrevisor.gov 2026
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2015–2024 · leading case: Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015).
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Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). · cites it 2× “This understanding is confirmed by the civil penalty provision, K.S.A. 45-223(a): “Any public agency subject to this act that knowingly violates any of the provisions of this act or that intentionally fails to furnish information as required by this act shall be liable for the…”
Clark v. Unified Sch. Dist. No. 287, 416 P.3d 1032 (Kan. Ct. App. 2018). “The civil remedies available to a successful plaintiff include the assessment of costs and reasonable attorney fees against the public agency if the court finds that the public agency's denial of the requested record was "not in good faith and without a reasonable basis in fact…”
E.H. v. Kansas Dept. for Child. & Families (Kan. Ct. App. 2021). · cites it 2× “'s claim against Corkins for seemingly flouting the 2015 KORA order, the district court denied this claim because K.S.A. 2020 Supp. 45-223(a) limits the ability to recover damages through a KORA claim to the attorney general or county or district attorney.”
Baker v. Hayden (Kan. Ct. App. 2020). “45-222 (civil remedies); K.S.A. 2019 Supp. 45-223(a) (public agency liable for civil penalty in action brought by attorney general, county attorney, or district attorney).”
Hammet v. Schwab, 518 P.3d 48 (Kan. Ct. App. 2022). “Civil penalties may be assessed against a public agency according to K.S.A. 2020 Supp. 45-223 for knowingly violating the Act or not intentionally furnishing the information as required by KORA.”
T.R. v. Univ. of Kansas Med. Ctr. (Kan. Ct. App. 2024). “7 See K.S.A. 45-223. T.R. does not state how KORA can be construed to allow a patient to seek damages against a medical center for disclosing confidential information.”
— K.S.A. § 45-223(a) — 3 cases
Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). “This understanding is confirmed by the civil penalty provision, K.S.A. 45-223(a): “Any public agency subject to this act that knowingly violates any of the provisions of this act or that intentionally fails to furnish information as required by this act shall be liable for the…”
E.H. v. Kansas Dept. for Child. & Families (Kan. Ct. App. 2021). “'s claim against Corkins for seemingly flouting the 2015 KORA order, the district court denied this claim because K.S.A. 2020 Supp. 45-223(a) limits the ability to recover damages through a KORA claim to the attorney general or county or district attorney.”
Baker v. Hayden (Kan. Ct. App. 2020). “45-222 (civil remedies); K.S.A. 2019 Supp. 45-223(a) (public agency liable for civil penalty in action brought by attorney general, county attorney, or district attorney).”
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