45-230. Unlawful use of names derived from public records.
45-230
45-230. Unlawful use of names derived from publicrecords.(a) No person shall knowingly sell, give or receive, for the purpose ofselling or offering for sale any property or service to persons listedtherein, any list of names and addresses contained in or derived frompublic records except:
(1) Lists of names and addresses from public records of the divisionof vehicles obtained under K.S.A. 74-2012, and amendments thereto;
(2) lists of names and addresses of persons licensed, registered orissued certificates or permits to practice a profession or vocation maybe sold or given to, and received by, an organization of persons who practicethat profession or vocation for membership, informational or other purposesrelated to the practice of the profession or vocation;
(3) lists of names and addresses of persons applying for examinationfor licenses, registrations, certificates or permits to practice aprofession or vocation shall be sold or given to, and received by,organizations providing professional or vocational educational materials orcourses to such persons for the sole purpose of providing such persons withinformation relating to the availability of such materials or courses;
(4) lists of names, addresses and other information from voterregistration lists may be compiled, used, given, received, sold or purchased byany person, as defined in K.S.A. 21-3110 and amendments thereto, solely forpolitical campaign orelection purposes;
(5) lists of names and addresses from the public records ofpostsecondary institutions as defined in K.S.A. 74-3201b, andamendments thereto, may be given to, and received and disseminated by suchinstitution's separatelyincorporated affiliates and supporting organizations, which qualify undersection 501(c)(3) of the federal internal revenue code of 1986,for use in thefurtherance of the purposes and programs of suchinstitutions and such affiliates andsupporting organizations; and
(6) to the extent otherwise authorized by law.
(b) Any person subject to this section who knowingly violates theprovisions of this section shall be liable for the payment of a civil penaltyin an action brought by the attorney general or county or district attorney ina sum set by the court not to exceed $500 for each violation.
(c) The provisions of this section shall not apply to nor impose any civilliability or penalty upon any public official, public agency or recordscustodian for granting access to or providing copies of public records orinformation containing names and addresses, in good faith compliance with theKansas open records act, to a person who has made a written request for accessto such information and has executed a written certification pursuant tosubsection (c)(2) of K.S.A. 45-220, and amendments thereto.
(d) This section shall be a part of and supplemental to the Kansas openrecords act.
History: L. 2003, ch. 126, § 1; July 1.