UNOFFICIAL COPY 23 RS BR 369
Page 1 of 4
XXXX 10/31/2022 2:42 PM Jacketed
AN ACT relating to publication. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 424.145 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Local government" means any: 5
1. [Any ]Urban-county government; 6
2. [Any ]Consolidated local government; 7
3. [Any ]Charter county; 8
4. [Any ]Unified local government; [and] 9
5. [In any ]County; 10
6. City[containing a population of eighty thousand (80,000) or more based 11
upon the most recent federal decennial census, the county itself or any: 12
a. City within the county]; 13
7.[b.] Special district[ within the county]; 14
8.[c.] School district[ within the county]; or 15
9.[d.] Special purpose governmental entity[ within the county]; and 16
(b) "Notice website[Web site]" means an Internet website[Web site] that is 17
maintained by a local government or a third party under contract with the local 18
government, which contains links to the legal advertisements or notices 19
electronically published by the local government. 20
(2) Local governments may satisfy the requirements of this chapter or any other 21
provision of law requiring the publication of an advertisement in a newspaper by 22
following the alternative procedures established in this section. 23
(3) In lieu of newspaper publication, a local government may post the required 24
advertisement online on a notice website[Web site] operated by the local 25
government that is accessible to the public at all times in accordance with 26
subsections (4) to (9) of this section. Publication of an advertisement shall be 27 UNOFFICIAL COPY 23 RS BR 369
Page 2 of 4
XXXX 10/31/2022 2:42 PM Jacketed
deemed to have occurred on the date the advertisement is posted on the local 1
government's notice website[Web site.] 2
(4) In conjunction with an alternative Internet posting, the local government shall 3
publish a newspaper advertisement one (1) time providing notice that the public 4
may view the full advertisement on the notice website[Web site]. The newspaper 5
advertisement shall: 6
(a) Be not more than six (6) column inches and meet the technical requirements 7
of KRS 424.160(1); 8
(b) Be submitted by the local government to the newspaper in a timely manner 9
to ensure publication occurs[published] within ten (10) days of the 10
alternative posting on the notice website[Web site] when the purpose of the 11
posting is to inform the public of a completed act, including those acts 12
specified in KRS 424.130(1)(a), or within three (3) days of the posting when 13
the purpose of the posting is to inform the public of the right to take a certain 14
action, including the events specified in KRS 424.130(1)(b) and (d); 15
(c) Inform the public of the subject matter of the alternative posting, inform the 16
public of its right to inspect any documents associated with the Internet 17
posting by contacting the local government, and provide a mailing and a 18
physical address where a copy of the document may be obtained and the web 19
address if the document is available online; and 20
(d) Provide the full Uniform Resource Locator (URL) of the notice website[Web 21
site] address and the full Uniform Resource Locator (URL) of the address 22
where the full advertisement may be directly viewed along with a telephone 23
number for the local government. 24
(5) In addition to specific legal requirements applicable to a particular type of 25
advertisement: 26
(a) The contents of each alternative Internet posting shall meet the minimum 27 UNOFFICIAL COPY 23 RS BR 369
Page 3 of 4
XXXX 10/31/2022 2:42 PM Jacketed
requirements of KRS 424.140; and 1
(b) The local government shall make the alternative Internet posting in 2
accordance with the times and periods established by KRS 424.130, and shall 3
actively maintain the alternative Internet posting on its public website[Web 4
site]: 5
1. Until the deadline passes or the event occurs if the substance of the 6
advertisement is intended to advise the public of a time to take action or 7
the occurrence of a future event; 8
2. For at least ninety (90) days if the substance of the advertisement is to 9
inform the public of an action taken by the local government, such as the 10
enactment of an ordinance; or 11
3. For one (1) year or until updated or replaced with a more recent version 12
if the substance of the advertisement is intended to inform the public 13
about the financial status of the local government, such as annual audits 14
or the budget. 15
(6) The local government shall display access to any and all alternative Internet 16
postings made pursuant to this section prominently on the homepage or first page of 17
the notice website[Web site]. The section of the notice website[Web site] containing 18
any postings and the actual advertisement shall be made in a manner where the 19
public can readily and with minimal effort identify the location of and easily 20
retrieve the advertisements. 21
(7) The local government shall provide a conspicuous statement on its notice 22
website[Web site] that individuals who have difficulty in accessing the contents of 23
posted advertisements may contact the local government for information regarding 24
alternative methods of accessing advertisements, which shall include the telephone 25
number of the local government. 26
(8) As proof of an alternative Internet posting to satisfy any newspaper publication 27 UNOFFICIAL COPY 23 RS BR 369
Page 4 of 4
XXXX 10/31/2022 2:42 PM Jacketed
requirement, the local government shall memorialize the posting by capturing the 1
posting in electronic or paper format and shall complete an affidavit signed by the 2
person responsible for causing publications under KRS 424.150, stating that the 3
local government satisfied the publication requirement by alternative Internet 4
posting. The affidavit shall specify the active dates of the notice website[Web site] 5
posting, the specific statutory requirements being satisfied by the alternative Internet 6
posting, and the notice website[Web site] address where the alternative posting was 7
located, including the full Uniform Resource Locator (URL) used for the posting. 8
The local government shall retain the captured posting and the affidavit by the 9
person responsible for publication for a period of three (3) years. Together, the 10
captured posting and the affidavit shall constitute prima facie evidence that the 11
posting was made and occurred as stated within the affidavit. 12
(9) The failure to cause the newspaper advertisement required in subsection (4) of this 13
section shall not void the action of the local government or negate the enforceability 14
of the matter advertised by alternative Internet posting. Any person who violates the 15
requirements of subsection (4) of this section shall be subject to the penalties 16
provided in KRS 424.990. 17