Kansas FOIA procedures

Kansas FOIA procedures
FOIA laws in Kansas
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Kansas as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Kansas

The Kansas Open Records Act, found in Kansas Statutes Chapter 45, says that "Each public agency shall adopt procedures to be followed in requesting access to and obtaining copies of public records." The Kansas Attorney General's office provides the following information about requesting public records:

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Who should I contact to make an open records request? The record custodian for the public agency in question. Is there one place or agency that I can contact to get copies of all public records? No. There is no one central agency or repository that possesses a list or access to all public records. In order to obtain access to or copies of public records, you must contact each/all/every public agency that may have a copy of the records you are seeking. A list of and links to all Kansas state agency web sites is posted online at kanview.ks.gov/AgencyListing.aspx. What if I do not know the name or address of the record custodian for a specific public agency? Each public agency subject to the KORA must provide, upon request, the office hours, name of the record custodian, any fee schedule they have created, and the procedures for obtaining records. In addition, each public agency should have a freedom of information officer assigned to assist the public with KORA requests and disputes. That officer is to provide information on KORA including a brochure stating the public's basic rights under KORA. The freedom of information officer is not required to act as the requester's advocate or legal advisor. See K.S.A. 45-220, 45-226 and 45-227 at www.kslegislature.org . May a public agency have more then one record custodian? Yes. The KORA permits the official custodian to designate other persons to carry out custodial duties. Some agencies are so large they need more then one person to help with such duties. But the ultimate duty to comply with the KORA rests with the official record custodian, not the designated custodian(s). See K.S.A. K.S.A. 45-217 and 45-220 at www.kslegislature.org . What are the procedures for each public agency? They may vary. Not all public agencies use the same procedure for all requests, so you need to ask each agency for their procedures. When may I look at public records? When the public agency is open and has a staff member who is available to help you. A public agency is not required to allow un-attended access to public records; in order to protect public records, a public agency may assign someone to monitor or watch as public records are being handled. Members of the public can inspect during regular office hours, as allowed by the record custodian, and during any established additional hours. If the agency does not have regular office hours it should establish reasonable hours when persons may inspect records. An agency without regular office hours may require 24 hour notice of desire to inspect. Notice shall not be required to be in writing. See K.S.A. 45-218 and K.S.A. 45-220, www.kslegislature.org. May a public agency require proof of my identity in connection with a KORA request? Yes. The public agency may require proof of identity. See K.S.A. 45-220 at www.kslegislature.org. May a public agency require a record request to be in writing? Yes. The public agency may require written record requests. May a public agency require a specific form to make a record request? No. A public agency may ask that a request be in writing, but not on a specific form. However, some agencies make a form to help clarify what is being requested. The Attorney General's office does not have such a request form. See K.S.A. 45-220 at www.kslegislature.org.

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Purpose and use

The Kansas Open Records Act does not require a statement of purpose to request records. The act does permit public entities to require a person requesting records to affirm in writing that they will not "[u]se any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed" or "sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed."

Who may request public records?

See also: List of who can make public record requests by state

Any person may request public records. According to K.S.A. 45-218, "All public records shall be open for inspection by any person, except as otherwise provided by this act, and suitable facilities shall be made available by each public agency for this purpose."

Kansas is among 42 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Kansas law allows fees to be charged to cover the cost of responding to public records requests. According to the Kansas Attorney General's office:

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May a public agency charge a fee to provide access to or copies of public records? Yes. The KORA allows fees to be charged in connection with providing access to or copies of public records. Does the KORA require that a public agency always charge fees in order to provide access to or copies of public records? No. The decision as to whether to charge such fees is a discretionary policy decision. The KORA does not require that a record fee be charged. What record fees does the KORA allow? The KORA does not set specific fees. A public agency may charge reasonable fees: Reasonable fees are those that do not exceed the actual costs connected with providing the requested record(s). What the record request actually costs the public agency is a fact issue, in every case, depending upon all the factors involved in complying with a specific record request. Is there a poverty exception or some other special exception to record fees? No. While the FOIA (federal government record act) provides for a poverty exception, the KORA does not have such an exception. The KORA allows fees to be charged to recoup costs. The KORA does not provide any required exceptions to lawfully charged record fees. May a public agency charge me for the time their staff spends on my record request? Yes. If that public agency's staff actually spends time on your request, the public agency may recoup what ever that employee or staff member's salary/pay would be for the time spent in trying to find, copy, examine, mail, or otherwise help you with a record request. May a public agency charge me for computer services if I request copies of computerized data? It depends. If records are maintained on computers, fees may include the cost of any computer services, including staff time. However, proration of costs of computerizing is probably precluded, as such costs are normally required even without record requests. When public records are repackaged in a computerized form in order to facilitate public access to the records, additional fees for computerization may be charged, so long as the basic analog records are still available elsewhere at cost. May a public agency charge overhead costs the agency would incur even without ever receiving a KORA request? No. Record fees for providing access to or copies of public records are intended to recoup the actual costs associated with providing access or copies. Such fees are not meant to pay for costs that would already be incurred by a public agency even without a record request. E.g. Overhead, capital improvements, utility bills, rent/building payments, etc. May a public agency charge for the cost of staff time used to separate open from closed information in public records? Yes. Fees may include the cost of staff time spent in redacting open from closed information. May a public agency charge me an advance fee before giving me access to or copies of public records? Yes. The KORA allows public agencies to require pre-payment of estimated costs. If the actual end cost is less, they must refund the difference. If it is more, they may bill you for the additional costs.

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Response time

See also: Request response times by state

Kansas law instructs public entities to respond to records requests as soon as possible and limits the response time to three business days. If the records cannot be made available in that time frame, the custodian must provide an explanation for the delay. According to K.S.A. 45-218:

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Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third business day following the date that the request is received. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.

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As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

Exemptions to the Kansas Open Records Act are outlined in 45-221.

Additionally, according to K.S.A. 45-218, "The custodian may refuse to provide access to a public record, or to permit inspection, if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency. However, refusal under this subsection must be sustained by preponderance of the evidence."

See also

• Freedom of Information Act

External links

• Kansas Statutes
• Kansas State Archives
• Kansas Attorney General - Frequently Asked Questions about the Kansas Open Records Act