Summary of Original Version

Create a new section of KRS 61.870 to 61.884, the Open Records Act, to require a public agency to furnish an officer, employee, board member, or commission member an agency email account; define terms; allow the governing body of a public agency or its appointing authority to identify, in writing, the names of specific personnel that do not require the use of an agency-furnished email account; allow a public agency to issue an email address through a third-party provider if a public is incapable of issuing an agency-furnished email account; prohibit an employee or a member of a board, commission, or public agency from using an email account other than an agency-furnished or agency-designated email account; provide that an employee or member of a board, commission, or public agency who uses an email account other than an agency-furnished or agency-designated email account is subject to discipline or removal, as appropriate; amend KRS 61.870 to amend the definition of "public record"; amend KRS 61.848 to specify that any formal action taken by a public agency that does not comply with KRS 61.840, relating to conditions placed on public attendance at meetings, are voidable by a court of competent jurisdiction; make technical corrections; amend various other sections to conform.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except maintain the current definition of "public record"; maintain the current exemptions to the Open Records Act; provide that a public agency that complies with this act shall only be required to provide or search for electronic information or documents that are stored or contained in a device that is the property of the public agency or from an agency-furnished or agency-designated email account.

Summary of Amendment: House Floor Amendment 1 -- J. Hodgson

Summary Retain original provisions, except require a board, commission, or public agency to publish on its website information pertaining to a board member that was appointed by a public agency; only require a public agency to search for an electronic device or system that is the property of, or under the control of, a public agency if it complies with the provisions of this Act.

Summary of Amendment: House Floor Amendment 2 -- L. Burke

Summary Retain original provisions, except prohibit employees of a public agency from using personal communication devices, and social media applications unless specifically approved by the public agency,

Summary of Amendment: House Floor Amendment 3 -- L. Burke

Summary Retain original provisions, except require that communications from a personal device by an employee of a public agency or a board or commission member who violates the provisions of this Act be subject to inspection under the Open Records Act.

Summary of Amendment: House Floor Amendment 4 -- L. Burke

Summary Retain original provisions except add subsection (6) to the requirements for agency compliance when producing certain records.

Summary of Amendment: House Floor Amendment 5 -- L. Burke

Summary Retain original provisions, except allow a person to file a lawsuit in Circuit Court against a public agency whose employee or board or commission member violates the provisions of this Act; allow a court to award a person who prevails against a public agency costs, attorneys' fees, and penalties against a public agency, if a violation is found to be willful.

Summary of Amendment: House Floor Amendment 6 -- L. Burke

Summary Retain original provisions except add that a public agency setting forth actions not in compliance with section 1 and other open meetings statutes is subject to immediate injunctive relief.

Summary of Amendment: House Floor Amendment 7 -- L. Burke

Summary Retain original provisions, except require a public agency to provide each employee a mobile device or a digital communication application that is within control of the public agency which may be used on a personal device.

Summary of Amendment: Senate Floor Amendment 1 -- L. Tichenor

Summary Retain original provisions, except add definition of "agency-designated digital communication application"; require that a public agency provide an officer, employee, board member, or commission member an agency-furnished email account or an agency-designated digital communication application; provide that if a public agency cannot provide an agency-furnished email account or an agency-designated communication application, the agency may approve use of a third-party provider for the purpose of creating an agency-designated email account or agency-designated digital communication application; provide that if a public agency uses a third-party provider to create an agency-designated email account or an agency-designated digital communcation application, that the agency shall select the email account or communication application exclusively to communicate agency business; provide that an employee of a public agency, member of a board or commission, or member of a public agency shall only use an agency-designated digital communication application, an agency-furnished email account, mobile phone or electronic device, if provided by a public agency, or agency-designated email account to conduct the business of the public agency; provide that if a public agency complies with the provisions of this Act, it shall only be required to provide or search for records stored or contained in an electronic device or system that is the property of, or under the control of, the public agency or an agency-designated digital communication application, in addition to any other applicable device, account, or application; amend KRS 61.840 to make a technical change.

Summary of Amendment: Senate Floor Amendment 2 -- L. Tichenor

Summary Retain original provisions, except add definition of "agency-designated digital communication application"; require that a public agency provide an officer, employee, board member, or commission member an agency-furnished email account or an agency-designated digital communication application; provide that if a public agency cannot provide an agency-furnished email account or an agency-designated communication application, the agency may approve use of a third-party provider for the purpose of creating an agency-designated email account or agency-designated digital communication application; provide that if a public agency uses a third-party provider to create an agency-designated email account or an agency-designated digital communcation application, that the agency shall select the email account or communication application exclusively to communicate agency business; provide that an employee of a public agency, member of a board or commission, or member of a public agency shall only use an agency-designated digital communication application, an agency-furnished email account, mobile phone or electronic device, if provided by a public agency, or agency-designated email account to conduct the business of the public agency; provide that if a public agency complies with the provisions of this Act, it shall only be required to provide or search for records stored or contained in an electronic device or system that is the property of, or under the control of, the public agency or an agency-designated digital communication application, in addition to any other applicable device, account, or application. amend KRS 61.840 to make a technical change.

Summary of Amendment: Senate Floor Amendment 3 -- A. Southworth

Summary Retain original provisions, except delete language referring to the capability of a public agency or appointing authority in providing an agency-furnished email account; provide that emails and other documents related to public business shall be deemed in the possession of a public agency; delete language that would only require a public agency to produce to a requesting party documents stored or contained in an electronic device or system that is the property of, or under the control of a public agency, or an email account that is an agency-furnished or agency-designated email account.

Summary of Amendment: Senate Floor Amendment 4 -- G. Williams

Summary Retain original provisions, except require a public agency to provide to personnel at least one agency-furnished or agency-designated account to conduct public business; require a public agency to maintain access to an agency-designated account by creating an agency-designated account and providing access to approved personnel, or requiring certain personnel to create an agency-designated account and provide access to that account to the public agency; require personnel to only communicate state business from an agency-furnished account or agency-designated account; provide penalties for personnel, officers, board members, or commission members who do not use an agency-furnished or agency-designated account to communicate public business; amend KRS 61.870 to define "agency-designated account," "agency-furnished account," "electronic communication," "electronic communication service," and "personnel."

Summary of Amendment: Senate Floor Amendment 5 -- A. Southworth

Summary Retain original provisions, except delete the notwithstanding clause.

Statutes affected:
Introduced: 61.870, 61.878, 61.848, 61.810, 61.872, 61.876, 158.4410, 313.100, 319.082, 319C.110, 325.340, 327.070, 342.347
House Committee Substitute 1: 61.848
Current/Final: 61.848
Current: 61.848