House Bill 312

Actions | Amendments
Last Action 03/29/21: delivered to Secretary of State (Acts Ch. 160)
Title AN ACT relating to public records.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1406
Sponsors B. Rowland, C. Massey, B. Wesley
Summary of Original Version Amend KRS 286.1-440 to include gender-neutral language.
Index Headings of Original Version State Agencies - Department of Financial Institutions, gender-neutral language
Banks and Financial Institutions - Examiners, gender-neutral language, inclusion
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Amendment 1
Senate Committee Substitute 1 with Fiscal Impact Statements
Senate Floor Amendment 1
Senate Floor Amendment 2
Votes Vote History
Governor's Veto Message Veto

Actions

Top | Amendments
02/02/21
  • introduced in House
  • to Committee on Committees (H)
02/11/21
  • to State Government (H)
02/24/21
  • taken from State Government (H)
  • 1st reading
  • returned to State Government (H)
  • posted in committee
02/25/21
  • reported favorably, 2nd reading, to Rules with Committee Substitute and committee amendment (1-title)
  • posted for passage in the Regular Orders of the Day for Friday, February 26, 2021
02/26/21
  • 3rd reading, passed 71-27 with Committee Substitute and committee amendment (1-title)
03/01/21
  • received in Senate
  • to Committee on Committees (S)
03/02/21
  • to State & Local Government (S)
03/03/21
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
03/04/21
  • taken from State & Local Government (S)
  • 2nd reading
  • returned to State & Local Government (S)
03/11/21
  • reported favorably, to Rules with Committee Substitute (1)
  • posted for passage in the Regular Orders of the Day for Thursday, March 11, 2021
  • 3rd reading, passed 22-11 with Committee Substitute (1)
  • floor amendments (1) and (2) filed to Committee Substitute
  • received in House
  • to Rules (H)
03/12/21
  • taken from Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute
  • House concurred in Senate Committee Substitute
  • passed 70-26
03/15/21
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/23/21
  • Vetoed
03/29/21
  • received in House
  • to Rules (H)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • Bill passed 66-29
  • received in Senate
  • to Rules (S)
  • posted for passage for consideration of Governor's veto
  • veto overridden
  • Bill passed 22-16
  • received in House
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Secretary of State (Acts Ch. 160)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Local Mandate to 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;
Index Headings General Assembly - Public Records, request pertaining to member, require notice
Legislative Research Commission - Public records, employees, prohibit disclosure of denied record
Public Records and Reports - Accident reports, make available to attorney of parties, employee, or written designee of attorney
Public Records and Reports - Legislative Research Commission, exempt certain records from disclosure
State Agencies - Public records, forms and regulations, display in prominent location and on Web site
State Agencies - Public records, request pertaining to Legislative Research Commission, notify director
State Agencies - Request for public records, extension of deadline to respond
Title Amendments - HB 312
Attorney General - Public records, request form, promulgate by administrative regulation
Civil Actions - Public records, actions against the Commonwealth, prohibit records subject to discovery
Local Mandate - Public records, display of and response to requests for

Amendment House Committee Amendment 1
Sponsor J. Miller
Summary Make title amendment.
Index Headings Title Amendments - HB 312
Local Mandate - Open Records Act, request form, permit Attorney General form and other forms

Amendment Senate Committee Substitute 1
Fiscal Impact Statement Local Mandate to 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.
Index Headings Local Government - Open Records Act, request form, permit Attorney General form and other forms
Public Records and Reports - Resident of the Commonwealth, individuals or entities on behalf qualified person or group, expansion
Public Records and Reports - Resident of the Commonwealth, news-gathering organizations, expansion
State Agencies - Open Records Act, request form, permit Attorney General form and other forms
Attorney General - Open Records Act, request form, creation
Local Mandate - Open Records Act, request form, permit Attorney General form and other forms

Amendment Senate Floor Amendment 1
Sponsor 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.
Index Headings General Assembly - Open Records Act, public records, subject
General Assembly - Open Records Act, exemption from select provisions
Legislative Research Commission - Open Records Act, public records, subject
Legislative Research Commission - Open Records Act, exemption from select provisions
Public Records and Reports - Open Records Act, General Assembly, subject
Public Records and Reports - Open Records Act, Legislative Research Commission, subject

Amendment Senate Floor Amendment 2
Sponsor 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.
Index Headings Crimes and Punishments - Disclosure of confidential records for personal gain, General Assembly, class D felony
General Assembly - Confidential record, Legislative Research Commission, prohibit disclosure
Legislative Research Commission - Confidential records, prohibit disclosure
Public Records and Reports - Legislative Research Commission, confidential records, prohibit disclosure for financial gain
Public Records and Reports - General Assembly, confidential records, prohibit disclosure for financial gain

Last updated: 4/14/2021 8:30 AM (EDT)
To receive notice when the record is updated follow @LRCTweetBot.