Kentucky
General Assembly

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

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