AGO 1997-85.

Case Date:October 09, 1997
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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