Kentucky Statutes 7.119 – Inspection of legislative records by Kentucky resident — Request to be sent to director — Records not subject to disclosure — Review of determination
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(1) Records in the custody of the Legislative Research Commission or the General Assembly shall be available for distribution to the public, or open for inspection by any person who is a resident of the Commonwealth.
(2) As used in subsection (1) of this section, “records” includes bills and amendments introduced in the Senate or House of Representatives, Senate and House Journals, Acts of the General Assembly, roll call votes, final reports of committees, Kentucky Administrative Regulations, documents showing salary and expenses paid to members of the General Assembly and all employees of the legislative branch, contracts, receipts and work orders for repairs or renovations to legislative offices or facilities, items cataloged in the legislative library, the Legislative Record, and informational and educational materials offered by the public information office, including legislative videotapes and photographs, calendars, and meeting notices.
(3) Requests for records in the custody of the Legislative Research Commission or the General Assembly set forth in subsection (2) of this section shall be directed to the director of the Legislative Research Commission, who shall determine within five (5) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of the request whether to comply with the request, and shall, in writing notify the person making the request of his or her decision. A request for a review of any determination by the director regarding a request for records set forth in subsection (2) of this section shall be made to the Legislative Research Commission, which shall issue its decision within thirty (30) days of the first scheduled meeting held following receipt for review. If the Legislative Research Commission does not issue its decision on a review of the director’s determination within thirty (30) days of the first scheduled meeting held following receipt of the request for review, the review shall be considered denied.
(4) If a request for records in the custody of the Legislative Research Commission or the General Assembly not described in subsection (2) of this section or in KRS
7.117 is made to the director of the Legislative Research Commission, those records shall not be subject to disclosure. A request for review of the denial of the disclosure shall be made to the Legislative Research Commission, which shall issue its decision within thirty (30) days of the first scheduled meeting held following receipt of the request for review. That decision shall be final and unappealable.
(5) Once a request for records is made, and unless otherwise permitted by statute, if the Legislative Research Commission determines that a denial of disclosure related to that request was properly made, no member of the Commission, the General Assembly, or the staff of the Legislative Research Commission shall knowingly or intentionally disclose to any person the records that were the subject of the denied request. Violation of this subsection is a violation under KRS § 6.734.
(6) (a) If a public agency other than the Legislative Research Commission receives a request for inspection of a public record that may fall under subsection (2) of this section, the official custodian of the records for the public agency shall notify the director of the Legislative Research Commission within two (2)
days of receipt of the request. The official custodian of records for the public agency that received the request shall be required to respond to the request.
(b) If the Legislative Research Commission receives a request relating to a specific member of the General Assembly, the director shall notify that member within one (1) day of receipt of the request.
(7) Nothing in this section shall be construed as a waiver or diminishment of any constitutional, common law, or statutory defenses, privileges, or immunities that may apply to any member of the General Assembly, legislative staff, legislative agency or entity, or any other member or employee of the legislative branch.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 160, sec. 6, effective June 29, 2021. — Created
2003 Ky. Acts ch. 90, sec. 1, effective June 24, 2003.
Legislative Research Commission Note (6/24/2003). This section contains subsections (7) to (9) of 2003 Ky. Acts ch. 90, sec. 1. Under the authority of KRS § 7.136, the Reviser of Statutes has divided 2003 Ky. Acts ch. 90, sec. 1, into two KRS sections and has renumbered the subsections to conform with this division. The first six subsections of 2003 Ky. Acts ch. 90, sec. 1, have been codified as KRS § 7.117.
(2) As used in subsection (1) of this section, “records” includes bills and amendments introduced in the Senate or House of Representatives, Senate and House Journals, Acts of the General Assembly, roll call votes, final reports of committees, Kentucky Administrative Regulations, documents showing salary and expenses paid to members of the General Assembly and all employees of the legislative branch, contracts, receipts and work orders for repairs or renovations to legislative offices or facilities, items cataloged in the legislative library, the Legislative Record, and informational and educational materials offered by the public information office, including legislative videotapes and photographs, calendars, and meeting notices.
Terms Used In Kentucky Statutes 7.119
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Statute: A law passed by a legislature.
(3) Requests for records in the custody of the Legislative Research Commission or the General Assembly set forth in subsection (2) of this section shall be directed to the director of the Legislative Research Commission, who shall determine within five (5) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of the request whether to comply with the request, and shall, in writing notify the person making the request of his or her decision. A request for a review of any determination by the director regarding a request for records set forth in subsection (2) of this section shall be made to the Legislative Research Commission, which shall issue its decision within thirty (30) days of the first scheduled meeting held following receipt for review. If the Legislative Research Commission does not issue its decision on a review of the director’s determination within thirty (30) days of the first scheduled meeting held following receipt of the request for review, the review shall be considered denied.
(4) If a request for records in the custody of the Legislative Research Commission or the General Assembly not described in subsection (2) of this section or in KRS
7.117 is made to the director of the Legislative Research Commission, those records shall not be subject to disclosure. A request for review of the denial of the disclosure shall be made to the Legislative Research Commission, which shall issue its decision within thirty (30) days of the first scheduled meeting held following receipt of the request for review. That decision shall be final and unappealable.
(5) Once a request for records is made, and unless otherwise permitted by statute, if the Legislative Research Commission determines that a denial of disclosure related to that request was properly made, no member of the Commission, the General Assembly, or the staff of the Legislative Research Commission shall knowingly or intentionally disclose to any person the records that were the subject of the denied request. Violation of this subsection is a violation under KRS § 6.734.
(6) (a) If a public agency other than the Legislative Research Commission receives a request for inspection of a public record that may fall under subsection (2) of this section, the official custodian of the records for the public agency shall notify the director of the Legislative Research Commission within two (2)
days of receipt of the request. The official custodian of records for the public agency that received the request shall be required to respond to the request.
(b) If the Legislative Research Commission receives a request relating to a specific member of the General Assembly, the director shall notify that member within one (1) day of receipt of the request.
(7) Nothing in this section shall be construed as a waiver or diminishment of any constitutional, common law, or statutory defenses, privileges, or immunities that may apply to any member of the General Assembly, legislative staff, legislative agency or entity, or any other member or employee of the legislative branch.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 160, sec. 6, effective June 29, 2021. — Created
2003 Ky. Acts ch. 90, sec. 1, effective June 24, 2003.
Legislative Research Commission Note (6/24/2003). This section contains subsections (7) to (9) of 2003 Ky. Acts ch. 90, sec. 1. Under the authority of KRS § 7.136, the Reviser of Statutes has divided 2003 Ky. Acts ch. 90, sec. 1, into two KRS sections and has renumbered the subsections to conform with this division. The first six subsections of 2003 Ky. Acts ch. 90, sec. 1, have been codified as KRS § 7.117.