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Kentucky Public Records < Overview Of The Public Information Act In Kentucky

Overview Of The Public Information Act In Kentucky.

Introduction to Kentucky’s Open Records Act

The Kentucky Open Records Act, forged in 1976, grants access rights to public records for folks in Kentucky. This law, stitched into KRS 61.870 to KRS 61.884, insists that freely digging into public records benefits the public. All records, whether they sit in a digital vault or on paper, must be open unless carved out by one or more of the fourteen get-out clauses in the Act.

The Open Records Act spans across public records held by state and local agencies, including those that receive at least a quarter of their funds from government sources. The Kentucky General Assembly has chipped away at the Act over time, with tweaks in 1986, 1992, 1994, and most recently in 2021.

Key Provisions of the Act

Definition of Public Records

Under KRS 61.870(2), public records are spelled out as any books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation, no matter the form or style, which are created, owned, used, in possession of, or kept by a public agency. This wide net makes sure nearly all records kept by public offices fall under the Act’s umbrella.

Agencies Covered by the Act

The Act sweeps up a broad array of public agencies, from state to local government bodies, public schools, universities, and any group pulling at least 25% of its cash from government sources. The Kentucky Court of Justice runs its own Open Records Policy, separate from the Act, giving a way to ask for administrative records from the judicial branch.

Rights of Kentucky Residents

Starting June 2021, only people living in the Commonwealth can demand records under the Act. KRS 61.870(10) spells out a “resident” as someone who lives in Kentucky, a local business with a spot in Kentucky, a person working in Kentucky, an individual or business owning property inside Kentucky, or a news outfit.

Types of Public Records Available

Government Documents

Government records cast a wide net, covering items like:

  • Executive orders and regulations
  • Legislative papers and bill histories
  • Agency reports and studies
  • Financial statements
  • Emails and letters from public officials

Vital Records

The Kentucky Office of Vital Statistics keeps hold of vital records, such as:

  • Birth certificates (from 1911 onwards)
  • Death certificates (from 1911 onwards)
  • Marriage records (since June 1958)
  • Divorce records (since January 1972)

Court Records

The Kentucky Court of Justice gives access to different court files through their CourtNet 2.0 platform. These might include:

  • Civil and criminal case details
  • Schedules and dockets
  • Court rulings and orders

Property Records

Property records are usually kept by the County Clerk’s office and may cover:

  • Deeds and mortgages
  • Property tax records
  • Liens and other legal claims

Requesting Public Records in Kentucky

Who Can Request Records

According to KRS 61.872(1), only people in Kentucky can ask for public records. This includes individuals, companies, property owners, and news outlets that meet the residency rules laid out in KRS 61.870(10).

How to Submit a Request

Requests can be filed in a few ways:

  • By walking into the agency’s office
  • Through the mail
  • Via fax
  • By email (as now required by the 2021 changes)

All public agencies must now accept the official request form from the Kentucky Attorney General’s office.

Required Information for Requests

When sending in a request, folks need to:

  • State their Kentucky residency status
  • Clearly describe the records they want to see
  • Sign the request (electronic signatures are valid under KRS 369.107)

Response Timelines

Public agencies have to reply to requests within three business days, as stated in KRS 61.880(1). If the agency can’t produce the records in time, they must explain the reason for the delay and give the soonest possible date for access.

Exemptions and Restrictions

The Open Records Act comes with several exceptions, listed in KRS 61.878, including:

  • Personal privacy protections
  • Law enforcement files that could disrupt active cases
  • Early drafts and advice
  • Attorney-client confidential materials
  • Trade secrets and private business data

When refusing a request, agencies must cite the exact exemption and explain why it fits.

Enforcement and Appeals

If a request gets turned down, the requester can file an appeal to the Kentucky Attorney General under KRS 61.880(2). The Attorney General will make a ruling within 20 business days, and the decision stands unless overturned by a court.