UNOFFICIAL COPY 24 RS BR 311
Page 1 of 10
XXXX 12/28/2023 8:24 AM Jacketed
AN ACT relating to open records. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 61.870 TO 61.884 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) (a) Any employee or officer who is named an official custodian shall complete 5
open records training of not less than two (2) hours within ninety (90) days 6
of that employment or election. 7
(b) Any employee or officer already performing the role of official custodian 8
shall complete open records training of not less than two (2) hours within 9
twelve (12) months. 10
(2) An official custodian shall complete open records training of not less than (2) 11
hours at least once every two (2) years so long as he or she remains the official 12
custodian. 13
(3) (a) Any employee or officer who is not an official custodian shall complete not 14
less than one (1) hour of open records training within ninety (90) days of 15
employment or election. 16
(b) Any employee or officer who is not an official custodian and already 17
employed or elected shall complete not less than one (1) hour of open 18
records training within twelve (12) months. 19
(4) (a) The Attorney General shall provide open records training to official 20
custodians and any employee or officer of a public agency who is not an 21
official custodian. 22
(b) A public agency may provide training to employees or officers of public 23
agencies who are not official custodians if the training qualifies as open 24
records training as defined in Section 2 of this Act and is approved by the 25
Attorney General. 26
(5) Open records training shall be conducted in a live format, but may be conducted 27 UNOFFICIAL COPY 24 RS BR 311
Page 2 of 10
XXXX 12/28/2023 8:24 AM Jacketed
remotely. 1
Section 2. KRS 61.870 is amended to read as follows: 2
As used in KRS 61.870 to 61.884, unless the context requires otherwise: 3
(1) "Public agency" means: 4
(a) Every state or local government officer; 5
(b) Every state or local government department, division, bureau, board, 6
commission, and authority; 7
(c) Every state or local legislative board, commission, committee, and officer; 8
(d) Every county and city governing body, council, school district board, special 9
district board, and municipal corporation; 10
(e) Every state or local court or judicial agency; 11
(f) Every state or local government agency, including the policy-making board of 12
an institution of education, created by or pursuant to state or local statute, 13
executive order, ordinance, resolution, or other legislative act; 14
(g) Any body created by state or local authority in any branch of government; 15
(h) Any body which, within any fiscal year, derives at least twenty-five percent 16
(25%) of its funds expended by it in the Commonwealth of Kentucky from 17
state or local authority funds. However, any funds derived from a state or 18
local authority in compensation for goods or services that are provided by a 19
contract obtained through a public competitive procurement process shall not 20
be included in the determination of whether a body is a public agency under 21
this subsection; 22
(i) Any entity where the majority of its governing body is appointed by a public 23
agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (j), or (k) of 24
this subsection; by a member or employee of such a public agency; or by any 25
combination thereof; 26
(j) Any board, commission, committee, subcommittee, ad hoc committee, 27 UNOFFICIAL COPY 24 RS BR 311
Page 3 of 10
XXXX 12/28/2023 8:24 AM Jacketed
advisory committee, council, or agency, except for a committee of a hospital 1
medical staff, established, created, and controlled by a public agency as 2
defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (k) of this 3
subsection; and 4
(k) Any interagency body of two (2) or more public agencies where each public 5
agency is defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of 6
this subsection; 7
(2) "Public record" means all books, papers, maps, photographs, cards, tapes, discs, 8
diskettes, recordings, software, or other documentation regardless of physical form 9
or characteristics, which are prepared, owned, used, in the possession of or retained 10
by a public agency. "Public record" shall not include any records owned or 11
maintained by or for a body referred to in subsection (1)(h) of this section that are 12
not related to functions, activities, programs, or operations funded by state or local 13
authority; 14
(3) (a) "Software" means the program code which makes a computer system 15
function, but does not include that portion of the program code which contains 16
public records exempted from inspection as provided by KRS 61.878 or 17
specific addresses of files, passwords, access codes, user identifications, or 18
any other mechanism for controlling the security or restricting access to 19
public records in the public agency's computer system. 20
(b) "Software" consists of the operating system, application programs, 21
procedures, routines, and subroutines such as translators and utility programs, 22
but does not include that material which is prohibited from disclosure or 23
copying by a license agreement between a public agency and an outside entity 24
which supplied the material to the agency; 25
(4) (a) "Commercial purpose" means the direct or indirect use of any part of a public 26
record or records, in any form, for sale, resale, solicitation, rent, or lease of a 27 UNOFFICIAL COPY 24 RS BR 311
Page 4 of 10
XXXX 12/28/2023 8:24 AM Jacketed
service, or any use by which the user expects a profit either through 1
commission, salary, or fee. 2
(b) "Commercial purpose" does[shall] not include: 3
1. Publication or related use of a public record by a newspaper or 4
periodical; 5
2. Use of a public record by a radio or television station in its news or 6
other informational programs; or 7
3. Use of a public record in the preparation for prosecution or defense of 8
litigation, or claims settlement by the parties to such action, or the 9
attorneys representing the parties; 10
(5) "Official custodian" means the chief administrative officer or any other officer or 11
employee of a public agency who is responsible for the maintenance, care and 12
keeping of public records, regardless of whether such records are in his or her 13
actual personal custody and control; 14
(6) "Custodian" means the official custodian or any authorized person having personal 15
custody and control of public records; 16
(7) "Media" means the physical material in or on which records may be stored or 17
represented, and which may include[,] but is not limited to paper, microform, disks, 18
diskettes, optical disks, magnetic tapes, and cards; 19
(8) "Mechanical processing" means any operation or other procedure which is 20
transacted on a machine, and which may include[,] but is not limited to a copier, 21
computer, recorder or tape processor, or other automated device; 22
(9) "Booking photograph and photographic record of inmate" means a photograph or 23
image of an individual generated by law enforcement for identification purposes 24
when the individual is booked into a detention facility as defined in KRS 520.010 25
or photograph and image of an inmate taken pursuant to KRS 196.099;[ and] 26
(10) "Resident of the Commonwealth" means: 27 UNOFFICIAL COPY 24 RS BR 311
Page 5 of 10
XXXX 12/28/2023 8:24 AM Jacketed
(a) An individual residing in the Commonwealth; 1
(b) A domestic business entity with a location in the Commonwealth; 2
(c) A foreign business entity registered with the Secretary of State; 3
(d) An individual that is employed and works at a location or locations within the 4
Commonwealth; 5
(e) An individual or business entity that owns real property within the 6
Commonwealth; 7
(f) Any individual or business entity that has been authorized to act on behalf of 8
an individual or business entity defined in paragraphs (a) to (e) of this 9
subsection; or 10
(g) A news-gathering organization as defined in KRS 189.635(8)(b)1.a. to e.; and 11
(11) "Open records training" means training that includes: 12
(a) An overview of the legal requirements of KRS 61.870 to 61.884; 13
(b) The procedures and requirements for complying with a request for 14
information; 15
(c) The role of the Attorney General under KRS 61.870 to 61.884; and 16
(d) A description of penalties and other consequences for failure to comply with 17
KRS 61.870 to 61.884. 18
Section 3. KRS 61.876 is amended to read as follows: 19
(1) Each public agency shall adopt rules and regulations in conformity with the 20
provisions of KRS 61.870 to 61.884 to provide full access to public records, to 21
protect public records from damage and disorganization, to prevent excessive 22
disruption of its essential functions, to provide assistance and information upon 23
request and to ensure efficient and timely action in response to application for 24
inspection, and such rules and regulations shall include but shall not be limited to: 25
(a) The principal office of the public agency and its regular office hours; 26
(b) The title, mailing address, and email[e-mail] address of the official custodian 27 UNOFFICIAL COPY 24 RS BR 311
Page 6 of 10
XXXX 12/28/2023 8:24 AM Jacketed
of the public agency's records; 1
(c) The fees, to the extent authorized by KRS 61.874 or other statute, charged for 2
copies; 3
(d) The procedures to be followed in requesting public records. 4
(2) Each public agency shall display in a prominent location accessible to the public, 5
including on its website[Web site]: 6
(a) A copy of its rules and regulations pertaining to public records; 7
(b) The mailing address, email[e-mail] address, and phone number of the official 8
custodian of the records or his or her designee to which all requests for public 9
records shall be made; and 10
(c) The form developed by the Attorney General under subsection (5)[(4)] of this 11
section that may be used to request public records. 12
(3) Each public agency shall submit to the Attorney General the contact information 13
of its official custodian as described in subsection (2)(b) of this section. The 14
Attorney General shall maintain a database of the contact information and 15
publish the information on its website. 16
(4) The Finance and Administration Cabinet may promulgate administrative 17
regulations pursuant to KRS Chapter 13A, pertaining to public records, for all state 18
administrative agencies, except for the Legislative Research Commission and the 19
Administrative Office of the Courts, each of which may promulgate administrative 20
regulations for their respective agencies, pertaining to public records. 21
(5)[(4)] The Attorney General shall promulgate by administrative regulation under 22
KRS Chapter 13A a standardized form that may be used to request public records 23
from a public agency. The form shall not allow any request for information other 24
than the following: 25
(a) The name of the requesting party; 26
(b) The mailing or email[e-mail] address of the requesting party, if copies of 27 UNOFFICIAL COPY 24 RS BR 311
Page 7 of 10
XXXX 12/28/2023 8:24 AM Jacketed
records are requested; 1
(c) Whether the request is for a commercial purpose; 2
(d) A description of the documents requested; 3
(e) A statement that the person making the request: 4
1. Is a resident of the Commonwealth under KRS 61.870(10); and 5
2. The statement includes the manner in which the requester is a resident of 6
the Commonwealth under KRS 61.870(10)(a) to (f); and 7
(f) The signature of the requesting party. 8
(6)[(5)] The Attorney General shall make the form readily available to the public, 9
including on the Attorney General's website[Web site]. The form shall be accepted 10
by every public agency for any request for public records made on or after June 29, 11
2021. 12
Section 4. KRS 15.257 is amended to read as follows: 13
(1) The Office of the Attorney General shall, within ninety (90) days of[ June 20, 2005, 14
and thereafter, within ninety (90) days of] the effective date of any legislation 15
amending the provisions of the Open Meetings Act or the Open Records Act, 16
distribute to the following officers and employees: 17
(a) All county judge/executives and[,] mayors;[,] 18
(b) All county attorneys and[,] city attorneys;[,] 19
(c) All superintendents of public school districts;[,] 20
(d) All presidents of each of the state public postsecondary education institutions 21
identified in KRS 161.220(4)(b) or 164.001(13) or (17);[, and] 22
(e) All attorneys of public school districts and public postsecondary education 23
institutions throughout Kentucky; and 24
(f) All official custodians listed in the Attorney General's database pursuant to 25
Section 3 of this Act; 26
written information prepared by the Office of the Attorney General that explains the 27 UNOFFICIAL COPY 24 RS BR 311
Page 8 of 10
XXXX 12/28/2023 8:24 AM Jacketed
procedural and substantive provisions of the Open Meetings Act, KRS 61.805 to 1
61.850, and the Open Records Act, KRS 61.870 to 61.884, together with the 2
information required by KRS 171.223 to be prepared by the Department for 3
Libraries and Archives concerning proper retention and management of public 4
records. This distribution may be by electronic means. 5
(2) All superintendents of public school districts and the presidents of each of the state 6
public postsecondary education institutions identified in KRS 161.220(4)(b) or 7
164.001(13) or (17) shall be responsible for designating and submitting the names 8
and addresses of the attorneys to whom this information shall be disseminated to 9
the Office of the Attorney General. 10
(3) All official custodians shall be responsible for disseminating the information 11
provided by the Attorney General to the employees of their respective agencies. 12
Section 5. KRS 61.872 is amended to read as follows: 13
(1) All public records shall be open for inspection by any resident of the 14
Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and 15
suitable facilities shall be made available by each public agency for the exercise of 16
this right. No resident of the Commonwealth shall remove original copies of public 17
records from the offices of any public agency without the written permission of the 18
official custodian[ of the record]. 19
(2) (a) Any resident of the Commonwealth shall have the right to inspect public 20
records. The official custodian may require a written application, signed by 21
the applicant and with his or her name printed legibly on the application, 22
describing the records to be inspected. The official custodian may require the 23
applicant to provide a statement in the written application of the manner in 24
which the applicant is a resident of the Commonwealth under KRS 25
61.870(10)(a) to (f). 26
(b) The written application shall be: 27 UNOFFICIAL COPY 24 RS BR 311
Page 9 of 10
XXXX 12/28/2023 8:24 AM Jacketed
1. Hand delivered; 1
2. Mailed; 2
3. Sent via facsimile; or 3
4. Sent via email[e-mail] to the public agency's official custodian[ of 4
public records] or his or her designee at the email[e-mail] address 5
designated in the public agency's rules and regulations adopted pursuant 6
to KRS 61.876. 7
(c) A public agency shall not require the use of any particular form for the 8
submission of an open records request, but shall accept for any request the 9
standardized form developed under KRS 61.876(5)[(4)]. 10
(3) A resident of the Commonwealth may inspect the public records: 11
(a) During the regular office hours of the public agency; or 12
(b) By receiving copies of the public records from the public agency through the 13
mail. The public agency shall mail copies of the public records to a person 14
whose residence or principal place of business is outside the county in which 15
the public records are located after he or she precisely describes the public 16
records which are readily available within the public agency. If the resident of 17
the Commonwealth requesting the public records requests that copies of the 18
records be mailed, the official custodian shall mail the copies upon receipt of 19
all fees and the cost of mailing. 20
(4) If the person to whom the application is directed does not have custody or control 21
of the public record requested, that person shall notify the applicant and shall 22
furnish the name and location of the official custodian of the agency's public 23
records. 24
(5) If the public record is in active use, in storage or not otherwise available, the 25
official custodian shall immediately notify the applicant and shall designate a place, 26
time, and date for inspection of the public records, not to exceed five (5) days from 27 UNOFFICIAL COPY 24 RS BR 311
Page 10 of 10
XXXX 12/28/2023 8:24 AM Jacketed
receipt of the application, unless a detailed explanation of the cause is given for 1
further delay and the place, time, and earliest date on which the public record will 2
be available for inspection. 3
(6) If the application places an unreasonable burden in producing public records or if 4
the custodian has reason to believe that repeated requests are intended to disrupt 5
other essential functions of the public agency, the official custodian may refuse to 6
permit inspection of the public records or mail copies thereof. However, refusal 7
under this section shall be sustained by clear and convincing evidence. 8