AGO 1997-85.
Case Date | October 09, 1997 |
Court | Kansas |
Kansas Attorney General Opinions
1997.
AGO 1997-85.
October 9,
1997ATTORNEY GENERAL OPINION
No. 97-85The Honorable Anthony HensleyState
Senator, 19th District2226 S.E. Virginia AvenueTopeka,
Kansas 66605-1357
Re: Public
Records, Documents and Information--Records Open to Public--Definitions; Public
Agency; Ad Astra Funds as a Public Agency for Purposes of Open Records Act
State Departments; Public Officers and Employees--Public Officers and
Employees; Open Public Meetings--Meetings of State and Subdivisions Open to
Public; Applicability to Ad Astra Funds Synopsis: The Ad Astra funds, of which
the Kansas Technology Enterprise Corporation holds limited partnership
interests through a holding company, are not public agencies for purposes of
the Kansas Open Records Act. The Ad Astra funds are also not subject to the
Kansas Open Meetings Act. Cited herein: K.S.A. 1996 Supp. 45-217; K.S.A.
56-1a203; K.S.A. 1996 Supp. 74-8101; K.S.A. 74-8102; 74-8104; 74-8109; K.S.A.
1996 Supp. 74-8113; K.S.A. 74-8301; 75-4318.* * *
Dear Senator Hensley:
As Senator for the Nineteenth District you ask whether the Ad
Astra funds are "public agencies" as defined by the Kansas Open Records Act
(KORA). You also ask whether the Ad Astra funds are subject to the provisions
of the Kansas Open Meetings Act (KOMA).
The structure of the Ad Astra funds is complicated. The Kansas
Technology Enterprise Corporation (KTEC) has an interest in the Ad Astra funds.
KTEC is a statutory creation, which receives and expends and is supported by
public funds appropriated by the Legislature. There is some disagreement
whether KTEC has been subject to the KORA since its inception, or whether it
only became subject to the KORA with the 1995 amendments to K.S.A. 74-8113.
See, L. 1995, Ch. 255, § 6 (now K.S.A. 1996 Supp. 74-8113). For purposes
of this opinion we will assume, without deciding, that KTEC has always itself
been subject to the KORA, because it makes no difference for the ultimate
conclusion we reach.
KTEC was created in 1986. See, L. 1986, Ch. 284, § 4 (now
K.S.A. 1996 Supp. 74-8101). In order to achieve its statutory mandate under
K.S.A. 74-8102 to foster innovation in existing and new businesses which
develop value-added products, the Legislature granted KTEC the authority to
"engag[e] in seed-capital financing for the development and implementation of
innovations or new technologies for existing resource, technology-based and...
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