Kentucky Attorney General Daniel Cameron has released the form required by House Bill 312 and plans to file the form with the Legislative Research Commission. HB312 required the AG to develop a simple form that the public, and press, will use to request a public record. Legislation passed during the 2021 General Assembly, including HB 312, goes into effect Tuesday, June 29.
Here is the text of the form and at the bottom is a copy is attached as a pdf.
Form OAG-01, June 2021
Request to Inspect Public Records
Pursuant to the Kentucky Open Records Act (“the Act”), KRS 61.870 et seq., the undersigned requests to inspect the public records which are described below.
Requester’s contact information.
E-mail Address (if applicable):
Records to be inspected: (a block is made available on the form to state records being requested)
Statement regarding the use of public records. KRS 61.870(4) defines “commercial purpose” as “the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee.” However, “commercial purpose” does not include the publication or related use of the public record by a newspaper or periodical, by a radio or television station in its news or informational program, or by use in the prosecution or defense of litigation by the parties to such an action or their attorney.
This request is (choose one):
[ ] NOT for a commercial purpose;
or [ ] FOR a commercial purpose.
Statement regarding residency. I further state that I am a resident of Kentucky because I am (please check one):
[ ] An individual residing in the Commonwealth; or
[ ] A domestic business entity with a location in the Commonwealth; or
[ ] A foreign business entity registered with the Kentucky Secretary of State; or
[ ] An individual that is employed and works at a location within the Commonwealth; or
[ ] An individual or business entity that owns real property within the Commonwealth; or [ ] An individual or business entity that has been authorized to act on behalf of an individual or business entity listed above; or
[ ] A news-gathering organization as defined in KRS 189.635(8)(b)1a. to e.
Pursuant to KRS 61.876(4), the Office of Attorney General has promulgated by administrative regulation this form. See 40 KAR 1:040.