UNOFFICIAL COPY 23 RS HB 419/GA
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AN ACT relating to state geographic information. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 132.410 is amended to read as follows: 3
(1) The fiscal court of each county shall provide for the property valuation 4
administrator a suitable office room or rooms in the county courthouse, or when 5
that is not practicable, in some other building at the county seat, together with 6
suitable furniture. 7
(2) In that office shall be safely kept the books, maps, taxpayers' lists, papers, and all 8
other records pertaining to the assessment of property within the county, except 9
when such records are required by law to be placed in the custody of other officers. 10
All digital ortho-rectified aerial imagery, remotely sensed imagery, LiDAR, digital 11
elevation models, or any other form of raster-based datasets of locations in 12
Kentucky created or purchased using public funds, in whole or in part, shall be 13
stored with the Commonwealth Office of Technology's geographic information 14
clearinghouse. Copies of the data provided to the clearinghouse may be kept in the 15
office. 16
(3) (a) A current copy of all digital parcel and tax district data shall be securely 17
stored with the Commonwealth Office of Technology's geographic 18
information clearinghouse, and the Department of Revenue shall be 19
responsible for coordinating annual updates of the data. Authorized 20
executive branch employees shall be granted access on an as-needed basis 21
to perform their statutory functions including emergency response, 22
economic development, infrastructure design and construction, boundary 23
mapping, wildlife management, environmental protection, and recreation. 24
(b) Digital parcel and tax district data shall not be redistributed, sold, shared, or 25
used for any commercial purpose. 26
(4) The property valuation administrator shall engage in official duties at least five (5) 27 UNOFFICIAL COPY 23 RS HB 419/GA
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days a week during regular working hours and shall keep scheduled office hours at 1
least five (5) days each week. 2
Section 2. KRS 133.047 is amended to read as follows: 3
(1) Notwithstanding the provisions of KRS 61.870 to 61.884, when the Department of 4
Revenue has completed action on the assessment of property in any county and has 5
certified the assessment to the county clerk of that county, as provided for in KRS 6
133.180, the property tax roll, or a copy of the property tax roll, shall be retained in 7
the office of the property valuation administrator for maintenance as an open public 8
record for five (5) years. The property tax roll shall be available for public 9
inspection during the regular working hours of the office of the property valuation 10
administrator as provided for in KRS 132.410(4)[(3)]. 11
(2) Any person inspecting a property tax roll shall do so in a manner not unduly 12
interfering with the proper operation of the custodian's office. 13
(3) Personal property tax returns, accompanying documents, and assessment records, 14
with the exception of the certified personal property tax roll, shall be considered 15
confidential under the provisions of KRS 131.190. 16
(4) (a) Real property tax returns and accompanying documents submitted by a 17
taxpayer shall be considered confidential under the provisions of KRS 18
131.190. Other real property records in the office of the property valuation 19
administrator shall be subject to the provisions of KRS 61.870 to KRS 61.884. 20
(b) However, in addition to the provisions of KRS 61.874, the Department of 21
Revenue shall develop and provide to each property valuation administrator a 22
reasonable fee schedule to be used in compensating for the cost of personnel 23
time expended in providing information and assistance to persons seeking 24
information to be used for commercial or business purposes. As used in this 25
paragraph: 26
1. "Reasonable fee" has the same meaning as the fee described in KRS 27 UNOFFICIAL COPY 23 RS HB 419/GA
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61.874(4)(c); and 1
2. "Personnel time" means the cost to the agency to create any mechanical 2
processing, data collection, or data creation; the staff required to 3
process, produce, collect, or create data or information; or the cost to the 4
agency for the creation, purchase, or other acquisition of information. 5
(c) Any person seeking information on his own property, or any other person, 6
including the press, seeking information directly related to property tax 7
assessment, appeals, equalization, requests for refunds, or similar matters 8
shall not be subject to fees for personnel time. 9
(5) The Department of Revenue shall provide advice, guidelines, and assistance to each 10
property valuation administrator in implementing the provisions of KRS 61.870 to 11
61.884. 12
Section 3. KRS 42.744 is amended to read as follows: 13
(1) All entities in Kentucky that create or purchase digital ortho-rectified aerial 14
imagery, remotely sensed imagery, LiDAR, digital elevation models, or any other 15
form of nonlicensed raster-based datasets of locations in Kentucky using public 16
funds, in whole or in part, shall provide a copy of the information to the 17
Commonwealth Office of Technology, Division of Geographic Information 18
Systems, without cost, in order to allow the Commonwealth Office of Technology 19
to effectively discharge its statutory responsibility to maintain an accurate and 20
complete central statewide geographic information clearinghouse[ for official state 21
use. The imagery provided to the Commonwealth Office of Technology shall be 22
added to Kentucky's secure Geospatial Data Warehouse for official government use 23
only]. 24
(2) All[ entities in Kentucky that create or purchase] digital ortho-rectified aerial 25
imagery, remotely sensed imagery, LiDAR, digital elevation models, or any other 26
form of raster-based datasets: 27 UNOFFICIAL COPY 23 RS HB 419/GA
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(a) Of locations in Kentucky, created or purchased by entities in Kentucky, 1
using public funds, in whole or in part, shall create or purchase that 2
information in a nonlicensed format; and 3
(b) Acquired for locations in Kentucky, using public funds, shall meet or 4
exceed the specifications maintained and adopted by the Geographic 5
Information Advisory Council established in Section 4 of this Act[ whenever 6
such a format is available. 7
(3) Subsection (1) of this section shall not apply to roads, land parcels, structure 8
locations, or other vector-based datasets acquired with public funding. 9
(4) The Commonwealth Office of Technology shall not disclose to the general public 10
or make available for distribution, download, or purchase any data that an entity 11
providing data under subsection (1) of this section has requested remain 12
confidential]. 13
Section 4. KRS 42.740 is amended to read as follows: 14
(1) There is hereby established a Geographic Information Advisory Council, attached 15
to the Commonwealth Office of Technology for administrative purposes, to advise 16
the executive director of the Commonwealth Office of Technology on issues 17
relating to geographic information and geographic information systems. 18
(2) The council shall recommend policies and procedures that assist state and local 19
jurisdictions in developing, deploying, and leveraging geographic information 20
resources and geographic information systems technology for the purpose of 21
improving public administration. 22
(3) The council shall closely coordinate with users of geographic information systems 23
to recommend policies and procedures that ensure the maximum use of geographic 24
information by minimizing the redundancy of geographic information and 25
geographic information resources, as well as to ensure that the geographic 26
information clearinghouse maintained by the Division of Geographic Information 27 UNOFFICIAL COPY 23 RS HB 419/GA
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Systems meets the needs of all state agencies. 1
(4) (a) The Geographic Information Advisory Council shall consist of twenty-five 2
(25) members and one (1) legislative liaison. The members shall be 3
knowledgeable in the use and application of geographic information systems 4
technology and shall have sufficient authority within their organizations to 5
influence the implementation of council recommendations. 6
(b) The council shall consist of: 7
1. The secretary of the Transportation Cabinet or his or her designee; 8
2. The secretary of the Cabinet for Health and Family Services or his or 9
her designee; 10
3. The director of the Kentucky Geological Survey or his or her designee; 11
4. The secretary of the Finance and Administration Cabinet or his or her 12
designee; 13
5. The executive director of the Commonwealth Office of Technology or 14
her or his designee, who shall serve as chair; 15
6. The secretary of the Economic Development Cabinet or his or her 16
designee; 17
7. The commissioner of the Department for Local Government or his or 18
her designee; 19
8. The secretary of the Justice and Public Safety Cabinet or his or her 20
designee; 21
9. One (1) member appointed by the Governor from a list of three (3) 22
persons submitted by the president of the Council on Postsecondary 23
Education; 24
10. The adjutant general of the Department of Military Affairs or his or her 25
designee; 26
11. The commissioner of the Department of Education or his or her 27 UNOFFICIAL COPY 23 RS HB 419/GA
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designee; 1
12. The secretary of the Energy and Environment Cabinet or his or her 2
designee; 3
13. The Commissioner of the Department of Agriculture or his or her 4
designee; 5
14. The secretary of the Tourism, Arts and Heritage Cabinet or his or her 6
designee; 7
15. The executive director of the Office of Property Valuation or his or her 8
designee; 9
16. One (1) member appointed by the Governor from a list of three (3)[six 10
(6)] persons submitted by the president of the Kentucky League of 11
Cities; 12
17. One (1) member appointed by the Governor from a list of three (3)[six 13
(6)] persons submitted by the president of the Kentucky Association of 14
Counties; 15
18. One (1) member appointed by the Governor from a list of three (3) 16
persons submitted by the president of the Kentucky Chapter of the 17
American Planning Association; 18
19. One (1) member appointed by the Governor from a list of three (3) 19
persons submitted by the president of the Kentucky Association of 20
Professional Surveyors; 21
20. One (1) member appointed by the Governor from a list of three (3) 22
persons submitted by the president of the Kentucky Society of 23
Professional Engineers; 24
21. One (1) member appointed by the Governor from a list of three (3) 25
persons submitted by the chairman of the Kentucky Board of Registered 26
Geologists; 27 UNOFFICIAL COPY 23 RS HB 419/GA
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22. One (1) member appointed by the Governor from a list of three (3) 1
persons submitted by the president of the Council of Area Development 2
Districts; 3
23. One (1) member appointed by the Governor from a list of three (3) 4
persons submitted by the president of the Kentucky Association of 5
Mapping Professionals; 6
24. One (1) member appointed by the Governor from a list of three (3) 7
persons submitted by the executive director of the Kentucky Property 8
Valuation Administrators Association; and 9
25. The executive director of the Kentucky Office of Homeland Security. 10
(c) The council shall have one (1) nonvoting legislative liaison, to be appointed 11
by the Legislative Research Commission. 12
(5) The council may have committees and subcommittees as determined by the council 13
or an executive committee, if an executive committee exists. 14
(6) A member of the council shall not: 15
(a) Be an officer, employee, or paid consultant of a business entity that has, or of 16
a trade association for business entities that have, a substantial interest in the 17
geographic information industry and is doing business in the Commonwealth; 18
(b) Own, control, or have, directly or indirectly, more than ten percent (10%) 19
interest in a business entity that has a substantial interest in the geographic 20
information industry; 21
(c) Be in any manner connected with any contract or bid for furnishing any 22
governmental body of the Commonwealth with geographic information 23
systems, the computers on which they are automated, or a service related to 24
geographic information systems; 25
(d) Be a person required to register as a lobbyist because of activities for 26
compensation on behalf of a business entity that has, or on behalf of a trade 27 UNOFFICIAL COPY 23 RS HB 419/GA
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association of business entities that have, substantial interest in the geographic 1
information industry; 2
(e) Accept or receive money or another thing of value from an individual, firm, or 3
corporation to whom a contract may be awarded, directly or indirectly, by 4
rebate, gift, or otherwise; or 5
(f) Be liable to civil action or any action performed in good faith in the 6
performance of duties as a council member. 7
(7) Those council members specified in subsection (4)(b)[(4)(a)] of this section who 8
serve by virtue of an office shall serve on the board while they hold that office. 9
(8) Appointed members of the council shall serve for a term of four (4) years. 10
Vacancies in the membership of the council shall be filled in the same manner as 11
the original appointments. If a nominating organization changes its name, its 12
successor organization having the same responsibilities and purposes shall be the 13
nominating organization. 14
(9) The council shall have no funds of its own, and council members shall not receive 15
compensation of any kind from the council. 16
(10) A majority of the members shall constitute a quorum for the transaction of business. 17
Members' designees shall have voting privileges at council meetings. 18
Section 5. The coordination of annual updates by the Department of Revenue 19
required in subsection (3) of Section 1 of this Act shall begin July 1, 2023. 20