Senate bill signed into law allows record requests to be made by fax, email; final report on legislation KPA monitored, supported, opposed

When the legislation approved by the Kentucky General Assembly and signed into law by the governor takes effect, public records can also be requested by facsimile or by email. Senate Bill 230 was approved unanimously by both chambers and then signed into law by Gov. Matt Bevin on March 25. It was sponsored by Sen. Wil Schroder out of Northern Kentucky.

The legislation amends KRS 61.872, the Open Records Law. A copy of the full bill, short as it may be, is attached. Below is the language that was added to existing law, indicated by bold/Italic words.


(2) Any person shall have the right to inspect public records. The official custodian may require:

(a) Written application, signed by the applicant and with his name printed legibly on the application, describing the records to be inspected. The written application shall be hand delivered, mailed, or sent via facsimile to the public agency;

(b) Facsimile transmission of the written application described in paragraph (a) of this subsection; or

(c) E-mail of the application described in paragraph (a) of this subsection.


With the Sine Die of the 2019 session on March 28, we now have a report from our lobbying firm, Top Shelf Lobby, on everything we monitored, supported or opposed. It’s a pretty lengthy list but with each one, you’ll note very few made it all the way through both chambers. Two of them — Senate Bill 193 and House Bill 387, both that would have severely affected Public Records — did not make it out of their respective chambers but we expect them to be discussed at length during the interim and brought back for consideration when the 2020 General Assembly convenes January 7. Sponsors of both have indicated a willingness to work with KPA to address all concerns with both pieces of legislation.

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