UNOFFICIAL COPY 23 RS HB 70/GA
Page 1 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
AN ACT relating to the identification of lottery winners. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 154A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For purposes of this section, "publish" means to issue information or material in 5
printed or electronic form for distribution to the public, including a response to a 6
request for release of information pursuant to KRS 154A.040. 7
(2) Any winner of a lottery prize with an overall gross value that exceeds one million 8
dollars ($1,000,000) may elect to have his or her name and likeness withheld 9
from public record for not more than one (1) year from the date of the election on 10
forms prescribed by the corporation. A prizewinner who does not elect 11
confidentiality pursuant to this section waives his or her confidentiality. 12
(3) (a) The Kentucky Lottery Corporation, its board of directors, or its employees 13
shall not publish the name or likeness of any winner whose individual share 14
of a lottery prize exceeds one million dollars ($1,000,000) who elects to have 15
his or her identifying information withheld from public record pursuant to 16
this section. 17
(b) Information regarding the retail location from which the ticket was 18
purchased may be published and shall not be confidential. 19
(4) Nothing in this section shall prohibit the corporation from sharing information 20
with other state or federal agencies as authorized or required by subsection (5) of 21
Section 2 of this Act and other applicable laws, or as required by court order or 22
other legal process. 23
(5) This section shall not be construed to prevent an authorized agency from 24
collecting data pursuant to subsection (5) of Section 2 of this Act. 25
Section 2. KRS 61.878 is amended to read as follows: 26
(1) The following public records are excluded from the application of KRS 61.870 to 27 UNOFFICIAL COPY 23 RS HB 70/GA
Page 2 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
61.884 and shall be subject to inspection only upon order of a court of competent 1
jurisdiction, except that no court shall authorize the inspection by any party of any 2
materials pertaining to civil litigation beyond that which is provided by the Rules of 3
Civil Procedure governing pretrial discovery: 4
(a) Public records containing information of a personal nature where the public 5
disclosure thereof would constitute a clearly unwarranted invasion of personal 6
privacy; 7
(b) Records confidentially disclosed to an agency and compiled and maintained 8
for scientific research. This exemption shall not, however, apply to records the 9
disclosure or publication of which is directed by another statute; 10
(c) 1. Records confidentially disclosed to an agency or required by an agency 11
to be disclosed to it, generally recognized as confidential or proprietary, 12
which if openly disclosed would permit an unfair commercial advantage 13
to competitors of the entity that disclosed the records; 14
2. Records confidentially disclosed to an agency or required by an agency 15
to be disclosed to it, generally recognized as confidential or proprietary, 16
which are compiled and maintained: 17
a. In conjunction with an application for or the administration of a 18
loan or grant; 19
b. In conjunction with an application for or the administration of 20
assessments, incentives, inducements, and tax credits as described 21
in KRS Chapter 154; 22
c. In conjunction with the regulation of commercial enterprise, 23
including mineral exploration records, unpatented, secret 24
commercially valuable plans, appliances, formulae, or processes, 25
which are used for the making, preparing, compounding, treating, 26
or processing of articles or materials which are trade commodities 27 UNOFFICIAL COPY 23 RS HB 70/GA
Page 3 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
obtained from a person; or 1
d. For the grant or review of a license to do business. 2
3. The exemptions provided for in subparagraphs 1. and 2. of this 3
paragraph shall not apply to records the disclosure or publication of 4
which is directed by another statute; 5
(d) Public records pertaining to a prospective location of a business or industry 6
where no previous public disclosure has been made of the business' or 7
industry's interest in locating in, relocating within or expanding within the 8
Commonwealth. This exemption shall not include those records pertaining to 9
application to agencies for permits or licenses necessary to do business or to 10
expand business operations within the state, except as provided in paragraph 11
(c) of this subsection; 12
(e) Public records which are developed by an agency in conjunction with the 13
regulation or supervision of financial institutions, including but not limited to 14
banks, savings and loan associations, and credit unions, which disclose the 15
agency's internal examining or audit criteria and related analytical methods; 16
(f) The contents of real estate appraisals, engineering or feasibility estimates and 17
evaluations made by or for a public agency relative to acquisition of property, 18
until such time as all of the property has been acquired. The law of eminent 19
domain shall not be affected by this provision; 20
(g) Test questions, scoring keys, and other examination data used to administer a 21
licensing examination, examination for employment, or academic 22
examination before the exam is given or if it is to be given again; 23
(h) Records of law enforcement agencies or agencies involved in administrative 24
adjudication that were compiled in the process of detecting and investigating 25
statutory or regulatory violations if the disclosure of the information would 26
harm the agency by revealing the identity of informants not otherwise known 27 UNOFFICIAL COPY 23 RS HB 70/GA
Page 4 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
or by premature release of information to be used in a prospective law 1
enforcement action or administrative adjudication. Unless exempted by other 2
provisions of KRS 61.870 to 61.884, public records exempted under this 3
provision shall be open after enforcement action is completed or a decision is 4
made to take no action; however, records or information compiled and 5
maintained by county attorneys or Commonwealth's attorneys pertaining to 6
criminal investigations or criminal litigation shall be exempted from the 7
provisions of KRS 61.870 to 61.884 and shall remain exempted after 8
enforcement action, including litigation, is completed or a decision is made to 9
take no action. The exemptions provided by this subsection shall not be used 10
by the custodian of the records to delay or impede the exercise of rights 11
granted by KRS 61.870 to 61.884; 12
(i) Preliminary drafts, notes, correspondence with private individuals, other than 13
correspondence which is intended to give notice of final action of a public 14
agency; 15
(j) Preliminary recommendations, and preliminary memoranda in which opinions 16
are expressed or policies formulated or recommended; 17
(k) All public records or information the disclosure of which is prohibited by 18
federal law or regulation or state law; 19
(l) Public records or information the disclosure of which is prohibited or 20
restricted or otherwise made confidential by enactment of the General 21
Assembly, including any information acquired by the Department of Revenue 22
in tax administration that is prohibited from divulgence or disclosure under 23
KRS 131.190; 24
(m) 1. Public records the disclosure of which would have a reasonable 25
likelihood of threatening the public safety by exposing a vulnerability in 26
preventing, protecting against, mitigating, or responding to a terrorist act 27 UNOFFICIAL COPY 23 RS HB 70/GA
Page 5 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
and limited to: 1
a. Criticality lists resulting from consequence assessments; 2
b. Vulnerability assessments; 3
c. Antiterrorism protective measures and plans; 4
d. Counterterrorism measures and plans; 5
e. Security and response needs assessments; 6
f. Infrastructure records that expose a vulnerability referred to in this 7
subparagraph through the disclosure of the location, configuration, 8
or security of critical systems, including public utility critical 9
systems. These critical systems shall include but not be limited to 10
information technology, communication, electrical, fire 11
suppression, ventilation, water, wastewater, sewage, and gas 12
systems; 13
g. The following records when their disclosure will expose a 14
vulnerability referred to in this subparagraph: detailed drawings, 15
schematics, maps, or specifications of structural elements, floor 16
plans, and operating, utility, or security systems of any building or 17
facility owned, occupied, leased, or maintained by a public 18
agency; and 19
h. Records when their disclosure will expose a vulnerability referred 20
to in this subparagraph and that describe the exact physical 21
location of hazardous chemical, radiological, or biological 22
materials. 23
2. As used in this paragraph, "terrorist act" means a criminal act intended 24
to: 25
a. Intimidate or coerce a public agency or all or part of the civilian 26
population; 27 UNOFFICIAL COPY 23 RS HB 70/GA
Page 6 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
b. Disrupt a system identified in subparagraph 1.f. of this paragraph; 1
or 2
c. Cause massive destruction to a building or facility owned, 3
occupied, leased, or maintained by a public agency. 4
3. On the same day that a public agency denies a request to inspect a public 5
record for a reason identified in this paragraph, that public agency shall 6
forward a copy of the written denial of the request, referred to in KRS 7
61.880(1), to the executive director of the Kentucky Office of Homeland 8
Security and the Attorney General. 9
4. Nothing in this paragraph shall affect the obligations of a public agency 10
with respect to disclosure and availability of public records under state 11
environmental, health, and safety programs. 12
5. The exemption established in this paragraph shall not apply when a 13
member of the Kentucky General Assembly seeks to inspect a public 14
record identified in this paragraph under the Open Records Law; 15
(n) Public or private records, including books, papers, maps, photographs, cards, 16
tapes, discs, diskettes, recordings, software, or other documentation regardless 17
of physical form or characteristics, having historic, literary, artistic, or 18
commemorative value accepted by the archivist of a public university, 19
museum, or government depository from a donor or depositor other than a 20
public agency. This exemption shall apply to the extent that nondisclosure is 21
requested in writing by the donor or depositor of such records, but shall not 22
apply to records the disclosure or publication of which is mandated by another 23
statute or by federal law; 24
(o) Records of a procurement process under KRS Chapter 45A or 56. This 25
exemption shall not apply after: 26
1. A contract is awarded; or 27 UNOFFICIAL COPY 23 RS HB 70/GA
Page 7 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
2. The procurement process is canceled without award of a contract and 1
there is a determination that the contract will not be resolicited; 2
(p) Client and case files maintained by the Department of Public Advocacy or any 3
person or entity contracting with the Department of Public Advocacy for the 4
provision of legal representation under KRS Chapter 31; 5
(q) Except as provided in KRS 61.168, photographs or videos that depict the 6
death, killing, rape, or sexual assault of a person. However, such photographs 7
or videos shall be made available by the public agency to the requesting party 8
for viewing on the premises of the public agency, or a mutually agreed upon 9
location, at the request of; 10
1. a. Any victim depicted in the photographs or videos, his or her 11
immediate family, or legal representative; 12
b. Any involved insurance company or its representative; or 13
c. The legal representative of any involved party; 14
2. Any state agency or political subdivision investigating official 15
misconduct; or 16
3. A legal representative for a person under investigation for, charged with, 17
pled guilty to, or found guilty of a crime related to the underlying 18
incident. The person under investigation for, charged with, pled guilty 19
to, or found guilty of a crime related to the underlying incident or their 20
immediate family shall not be permitted to have access to the 21
photographs or videos;[ and] 22
(r) Communications of a purely personal nature unrelated to any governmental 23
function; and 24
(s) Name, address, or likeness of the winner of a lottery prize with an overall 25
gross value that exceeds one million dollars ($1,000,000) pursuant to 26
Section 1 of this Act if the prizewinner elects confidentiality pursuant to 27 UNOFFICIAL COPY 23 RS HB 70/GA
Page 8 of 8
HB007010.100 - 335 - XXXX 3/1/2023 2:42 PM GA
forms prescribed by the Kentucky Lottery Corporation. 1
(2) No exemption in this section shall be construed to prohibit disclosure of statistical 2
information not descriptive of any readily identifiable person. 3
(3) No exemption in this section shall be construed to deny, abridge, or impede the 4
right of a public agency employee, including university employees, an applicant for 5
employment, or an eligible on a register to inspect and to copy any record including 6
preliminary and other supporting documentation that relates to him. The records 7
shall include, but not be limited to, work plans, job performance, demotions, 8
evaluations, promotions, compensation, classification, reallocation, transfers, lay-9
offs, disciplinary actions, examination scores, and preliminary and other supporting 10
documentation. A public agency employee, including university employees, 11
applicant, or eligible shall not have the right to inspect or to copy any examination 12
or any documents relating to ongoing criminal or administrative investigations by 13
an agency. 14
(4) If any public record contains material which is not excepted under this section, the 15
public agency shall separate the excepted and make the nonexcepted material 16
available for examination. 17
(5) The provisions of this section shall in no way prohibit or limit the exchange of 18
public records or the sharing of information between public agencies when the 19
exchange is serving a legitimate governmental need or is necessary in the 20
performance of a legitimate government function. 21
(6) When material is made available pursuant to a request under subsection (1)(q) of 22
this section, the public agency shall not be required to make a copy of the recording 23
except as provided in KRS 61.169, and the requesting parties shall not be limited in 24
the number of times they may view the material. 25