Summary of Original Version

Amend KRS 286.1-440 to include gender-neutral language.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except amend KRS 61.870 to define "Resident of the Commonwealth"; amend KRS 61.872 to permit any resident of the Commonwealth to request public records through written application by fax, mail, e-mail, or hand delivery; prohibit disclosure or inspection of any records that can be obtained through the civil discovery process to a party, or party representative involved in a lawsuit with the Commonwealth; amend KRS 61.876 to require a public agency to display a copy of rules and regulations pertaining to open records requests, contact information of its records custodian, and a copy of a records request application form developed by the Attorney General, in a prominent location or on its Web site; prohibit the Finance and Administration Cabinet from promulgating administrative regulations pertaining to public records requests for the Legislative Research Commission or Administrative Office of the Courts; require the Attorney General to promulgate by administrative regulation a form to be used for any public records request; amend KRS 61.878 to exempt all public records or information prohibited by state law from the Open Records Act; exempt from the Open Records Act any client or case files maintained by the Department of Public Advocacy or any entity contracting with the Department of Public Advocacy for the purpose of legal representation; amend KRS 61.880 to extend the deadline for a public agency to determine whether it will comply with a public records request to five days; amend KRS 7.119 to permit any resident of the Commonwealth to request or inspect records in custody of the Legislative Research Commission or the General Assembly; require the director of the Legislative Research Commission to determine whether to comply with a public records request within five days; require the director of the Legislative Research Commission to notify his or her decision in writing; require any request to review a decision made by the director to be reviewed by the Legislative Research Commission within 30 days of its first scheduled meeting held following receipt of the request to review; any decision made by the Legislative Research Commission pertaining to review shall be final and unappealable; exempt certain records under the custody of the Legislative Research Commission or General Assembly from disclosure; prohibit any member of the Legislative Research Commission, General Assembly, or any employee of the Legislative Research Commission from disclosing any record denied by the Legislative Research Commission; any disclosure of a denied record shall be subject to violation under KRS 6.734; require a public agency that receive a request pertaining to the Legislative Research Commission to notify the director of the Legislative Research Commission within two days of the request; require the director of the Legislative Research Commission to notify any member of the General Assembly of a request pertaining to that particular member within one day of receipt of the request; amend KRS 189.635 to require any accident report to be made available to an attorney of the parties involved, his or her employees, or the attorney's written designee; make title amendment;

Summary of Amendment: House Committee Amendment 1 -- J. Miller

Summary Make title amendment.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions, except expand the definition of "resident of the Commowealth" to include all news-gathering organizations as defined in KRS 189.635(8)(b)1., and any individual or entity acting on behalf of an individual or entity who qualifies as a resident of the Commonwealth; amend KRS 61.872 to prevent any public agency from requiring a particular form to request public records, but require an agency to accept any request submitted on the form created by the Attorney General; permit a records custodian of a public agency to require a written application, signed by an applicant; permit the records custodian to require a written statement from an individual or entity that they qualify as a resident of the Commonwealth; delete the requirement that records obtainable through the civil discovery process shall not be obtained by a party, person, or entity to a civil lawsuit against the Commonwealth, or on behalf of a person, party, or entity in a civil lawsuit against the Commonwealth; amend KRS 61.876 to conform.

Summary of Amendment: Senate Floor Amendment 1 -- A. Southworth

Summary Retain original provisions, except apply the Open Records Act to any request for records under the custody of the Legislative Research Commission or the General Assembly; exempt the Legislative Research Commission and the General Assembly from KRS 61.880(3), 61.880(5) and 61.882 of the Open Records Act.

Summary of Amendment: Senate Floor Amendment 2 -- A. Southworth

Summary Retain original provisions, except delete provision subjecting legislative branch employees or members of the General Assembly or Legislative Research Commission to a Class D felony for disclosure of a confidential record; amend KRS 6.734 to prohibit a member of the General Assembly from disclosing any information deemed confidential by the Legislative Research Commission, or its director; disclosure of a record deemed confidential by the Legislative Research Commission, or its director by a member of the General Assembly to further his or her own economic interest, or that of another person is a Class D felony.

Statutes affected:
Acts Chapter 160: 61.870, 61.872, 61.876, 61.878, 61.880, 7.119
House Committee Substitute 1: 61.870, 61.872, 61.876, 61.878, 61.880, 7.119, 189.635
Senate Committee Substitute 1: 61.870, 61.872, 61.876, 61.878, 61.880, 7.119
Current: 61.870, 61.872, 61.876, 61.878, 61.880, 7.119, 189.635