House Bill 509

Actions | Amendments
Last Action 04/12/24: floor amendments (4) and (5) filed
Title AN ACT relating to access to the records and meetings of public agencies.
Bill Documents Current/Final
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1070
Sponsors J. Hodgson, D. Osborne, J. Nemes
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.
Index Headings of Original Version Education, Elementary and Secondary - Open records, official email accounts, employees and officers, requirement
Education, Elementary and Secondary - Public agencies, open meeting compliance, voidable actions
Local Government - Open records, official email accounts, employees and officers, requirement
Local Government - Public agencies, open meeting compliance, voidable actions
Public Records and Reports - Public records, definition
Public Records and Reports - Public records, exclusions
Public Records and Reports - Open records, official email accounts, employees and officers, requirement
Special Districts - Open records, official email accounts, employees and officers, requirement
Special Districts - Public agencies, open meeting compliance, voidable actions
State Agencies - Open records, official email accounts, employees and officers, requirement
State Employees - Open records, official email accounts, employees and officers, requirement
Universities and Colleges - Open records, official email accounts, employees and officers, requirement
Universities and Colleges - Public agencies, open meeting compliance, voidable actions
Archives and Records - Public records, definition
Archives and Records - Public records, exclusions
Cities - Public agencies, open meeting compliance, voidable actions
Counties - Open records, official email accounts, employees and officers, requirement
Counties - Public agencies, open meeting compliance, voidable actions
Local Mandate - Public agencies, open meeting compliance, voidable actions
Boards and Commissions - Open records, official email accounts, employees and officers, requirement
Special Purpose Governmental Entities - Open records, official email accounts, employees and officers, requirement
Special Purpose Governmental Entities - Public agencies, open meeting compliance, voidable actions
Public Meetings - Public agencies, open meeting compliance, voidable actions
Advisory Boards, Commissions, and Committees - Open records, email accounts, members, requirement
Cities - Open records, official email accounts, employees and officers, requirement
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
House Floor Amendment 6
House Floor Amendment 7
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Senate Floor Amendment 5
Votes Vote History

Actions

Top | Amendments
02/12/24
  • introduced in House
  • to Committee on Committees (H)
02/26/24
  • to State Government (H)
03/07/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/08/24
  • 2nd reading, to Rules
  • floor amendments (1), (2), (3), (4), (5), (6) and (7) filed to Committee Substitute
03/11/24
  • posted for passage in the Regular Orders of the Day for Tuesday, March 12, 2024
03/12/24
  • 3rd reading, passed 61-31 with Committee Substitute (1) and Floor Amendment (1)
03/13/24
  • received in Senate
  • to Committee on Committees (S)
03/15/24
  • to State & Local Government (S)
03/25/24
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
03/26/24
  • taken from State & Local Government (S)
  • 2nd reading
  • returned to State & Local Government (S)
03/27/24
  • reported favorably, to Rules
  • floor amendments (1) and (2) and (3) filed
04/12/24
  • floor amendments (4) and (5) filed

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Local Mandate to 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.
Index Headings Education, Elementary and Secondary - Open records, official email accounts, employees and officers, requirement
Education, Elementary and Secondary - Public agencies, open meeting compliance, voidable actions
Local Government - Open records, official email accounts, employees and officers, requirement
Local Government - Public agencies, open meeting compliance, voidable actions
Public Records and Reports - Open records, official email accounts, employees and officers, requirement
Special Districts - Open records, official email accounts, employees and officers, requirement
Special Districts - Public agencies, open meeting compliance, voidable actions
State Agencies - Open records, official email accounts, employees and officers, requirement
State Employees - Open records, official email accounts, employees and officers, requirement
Universities and Colleges - Open records, official email accounts, employees and officers, requirement
Universities and Colleges - Public agencies, open meeting compliance, voidable actions
Cities - Open records, official email accounts, employees and officers, requirement
Cities - Public agencies, open meeting compliance, voidable actions
Counties - Open records, official email accounts, employees and officers, requirement
Counties - Public agencies, open meeting compliance, voidable actions
Boards and Commissions - Open records, official email accounts, employees and officers, requirement
Special Purpose Governmental Entities - Open records, official email accounts, employees and officers, requirement
Special Purpose Governmental Entities - Public agencies, open meeting compliance, voidable actions
Public Meetings - Public agencies, open meeting compliance, voidable actions
Advisory Boards, Commissions, and Committees - Open records, email accounts, members, requirement
Local Mandate - Open records, official email accounts, employees and officers, requirement

Amendment House Floor Amendment 1
Sponsor 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.
Index Headings Advisory Boards, Commissions, and Committees - Public records, public agencies, board appointments, website, publish
Boards and Commissions - Public records, public agencies, board appointments, website, publish
Cities - Public records, public agencies, board appointments, website, publish
Counties - Public records, public agencies, board appointments, website, publish
Education, Elementary and Secondary - Public records, public agencies, board appointments, website, publish
Education, Higher - Public records, public agencies, board appointments, website, publish
Local Government - Public records, public agencies, board appointments, website, publish
Public Records and Reports - Public records, public agencies, board appointments, website, publish
Special Districts - Public records, public agencies, board appointments, website, publish
Special Purpose Governmental Entities - Public records, public agencies, board appointments, website, publish
Universities and Colleges - Public records, public agencies, board appointments, website, publish

Amendment House Floor Amendment 2
Sponsor 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,
Index Headings Public Officers and Employees - Personal communication devices, prohibition on the use
Public Officers and Employees - Social media application, prohibition

Amendment House Floor Amendment 3
Sponsor 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.
Index Headings Advisory Boards, Commissions, and Committees - Open records, official email accounts, requirement, subject to inspection for violation
Boards and Commissions - Open records, official email accounts, requirement, subject to inspection for violation
Cities - Open records, official email accounts, requirement, subject to inspection for violation
Counties - Open records, official email accounts, requirement, subject to inspection for violation
Education, Elementary and Secondary - Open records, official email accounts, requirement, subject to inspection for violation
Education, Higher - Open records, official email accounts, requirement, subject to inspection for violation
Local Government - Open records, official email accounts, requirement, subject to inspection for violation
Special Districts - Open records, official email accounts, requirement, subject to inspection for violation
Special Purpose Governmental Entities - Open records, official email accounts, requirement, subject to inspection for violation
Universities and Colleges - Open records, official email accounts, requirement, subject to inspection for violation

Amendment House Floor Amendment 4
Sponsor L. Burke
Summary Retain original provisions except add subsection (6) to the requirements for agency compliance when producing certain records.
Index Headings Public Records and Reports - Compliance of public agencies

Amendment House Floor Amendment 5
Sponsor 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.
Index Headings Advisory Boards, Commissions, and Committees - Open records, official email accounts, requirement, penalties for violation
Boards and Commissions - Open records, official email accounts, requirement, penalties for violation
Cities - Open records, official email accounts, requirement, penalties for violation
Counties - Open records, official email accounts, requirement, penalties for violation
Education, Elementary and Secondary - Open records, official email accounts, requirement, penalties for violation
Education, Higher - Open records, official email accounts, requirement, penalties for violation
Local Government - Open records, official email accounts, requirement, penalties for violation
Special Districts - Open records, official email accounts, requirement, penalties for violation
Special Purpose Governmental Entities - Open records, official email accounts, requirement, penalties for violation
Universities and Colleges - Open records, official email accounts, requirement, penalties for violation
Public Records and Reports - Open records, official email accounts, requirement, penalties for violation

Amendment House Floor Amendment 6
Sponsor 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.
Index Headings Public Meetings - Injunctive relief for noncompliance

Amendment House Floor Amendment 7
Sponsor 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.
Index Headings Advisory Boards, Commissions, and Committees - Open records, mobile devices for employees, provide
Advisory Boards, Commissions, and Committees - Open records, digital communication application, employees, provide access
Boards and Commissions - Open records, mobile devices for employees, provide
Boards and Commissions - Open records, digital communication application, employees, provide access
Cities - Open records, mobile devices for employees, provide
Cities - Open records, digital communication application, employees, provide access
Counties - Open records, mobile devices for employees, provide
Counties - Open records, digital communication application, employees, provide access
Education, Elementary and Secondary - Open records, mobile devices for employees, provide
Education, Elementary and Secondary - Open records, digital communication application, employees, provide access
Education, Higher - Open records, mobile devices for employees, provide
Education, Higher - Open records, digital communication application, employees, provide access
Local Government - Open records, mobile devices for employees, provide
Local Government - Open records, digital communication application, employees, provide access
Public Records and Reports - Open records, mobile devices for employees, provide
Public Records and Reports - Open records, digital communication application, employees, provide access
Special Districts - Open records, mobile devices for employees, provide
Special Districts - Open records, digital communication application, employees, provide access
Special Purpose Governmental Entities - Open records, mobile devices for employees, provide
Special Purpose Governmental Entities - Open records, digital communication application, employees, provide access
Universities and Colleges - Open records, mobile devices for employees, provide
Universities and Colleges - Open records, digital communication application, employees, provide access

Amendment Senate Floor Amendment 1
Sponsor 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.
Index Headings Advisory Boards, Commissions, and Committees - Open records, digital communication applications, provide
Archives and Records - Open records, digital communication applications, provide
Boards and Commissions - Open records, digital communication applications, provide
Cities - Open records, digital communication applications, provide
Counties - Open records, digital communication applications, provide
Education, Elementary and Secondary - Open records, digital communication applications, provide
Local Government - Open records, digital communication applications, provide
Public Records and Reports - Open records, digital communication applications, provide
Special Districts - Open records, digital communication applications, provide
Special Purpose Governmental Entities - Open records, digital communication applications, provide
State Agencies - Open records, digital communication applications, provide
State Employees - Open records, digital communication applications, provide
Universities and Colleges - Open records, digital communication applications, provide

Amendment Senate Floor Amendment 2
Sponsor 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.
Index Headings Education, Elementary and Secondary - Open records, digital communication applications, provide
Local Government - Open records, digital communication applications, provide
Public Records and Reports - Open records, digital communication applications, provide
Special Districts - Open records, digital communication applications, provide
State Agencies - Open records, digital communication applications, provide
State Employees - Open records, digital communication applications, provide
Universities and Colleges - Open records, digital communication applications, provide
Archives and Records - Open records, digital communication applications, provide
Cities - Open records, digital communication applications, provide
Counties - Open records, digital communication applications, provide
Boards and Commissions - Open records, digital communication applications, provide
Special Purpose Governmental Entities - Open records, digital communication applications, provide
Advisory Boards, Commissions, and Committees - Open records, digital communication applications, provide

Amendment Senate Floor Amendment 3
Sponsor 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.
Index Headings Advisory Boards, Commissions, and Committees - Open records, agency-furnished and agency-designated accounts, public business, requirement
Boards and Commissions - Open records, agency-furnished and agency-designated accounts, public business, requirement
Cities - Open records, agency-furnished and agency-designated accounts, public business, requirement
Counties - Open records, agency-furnished and agency-designated accounts, public business, requirement
Education, Elementary and Secondary - Open records, agency-furnished and agency-designated accounts, public business, requirement
Local Government - Open records, agency-furnished and agency-designated accounts, public business, requirement
Special Districts - Open records, agency-furnished and agency-designated accounts, public business, requirement
State Agencies - Open records, agency-furnished and agency-designated accounts, public business, requirement
State Employees - Open records, agency-furnished and agency-designated accounts, public business, requirement
Universities and Colleges - Open records, agency-furnished and agency-designated accounts, public business, requirement

Amendment Senate Floor Amendment 4
Sponsor 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."
Index Headings Archives and Records - Open records, electronic communication service account, employees and officers, provide
Cities - Open records, electronic communication service account, employees and officers, provide
Counties - Open records, electronic communication service account, employees and officers, provide
Education, Elementary and Secondary - Open records, electronic communication service account, employees and officers, provide
Education, Higher - Open records, electronic communication service account, employees and officers, provide
Local Government - Open records, electronic communication service account, employees and officers, provide
Public Records and Reports - Open records, electronic communication service account, employees and officers, provide
Special Districts - Open records, electronic communication service account, employees and officers, provide
Special Purpose Governmental Entities - Open records, electronic communication service account, employees and officers, provide
State Agencies - Open records, electronic communication service account, employees and officers, provide
State Employees - Open records, electronic communication service account, employees and officers, provide
Universities and Colleges - Open records, electronic communication service account, employees and officers, provide

Amendment Senate Floor Amendment 5
Sponsor A. Southworth
Summary Retain original provisions, except delete the notwithstanding clause.
Index Headings Public Records and Reports - Open records, compliance
Archives and Records - Open records, compliance
State Agencies - Open records, information and records production, compliance
State Employees - Open records, information and records production, compliance

Last updated: 4/17/2024 4:52 PM (EDT)