HB 174 — AN ACT relating to public records and declaring an emergency.

UNOFFICIAL COPY 20 RS BRHB 965174/GA AN ACT relating to public records and declaring an emergency.

In conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described Page 1 of 7 HB017410.100 - 965 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 965174/GA in KRS Chapter 154;

(g) Test questions, scoring keys, and other examination data used to administer a Page 2 of 7 HB017410.100 - 965 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 965174/GA licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again;

(l) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Page 3 of 7 HB017410.100 - 965 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 965174/GA Assembly, including any information acquired by the Department of Revenue in tax administration that is prohibited from divulgence or disclosure under KRS 131.190;

Records when their disclosure will expose a vulnerability referred to in this subparagraph and that describe the exact physical Page 4 of 7 HB017410.100 - 965 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 965174/GA location of hazardous chemical, radiological, or biological materials.

This exemption shall apply to the extent that nondisclosure is Page 5 of 7 HB017410.100 - 965 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRHB 965174/GA requested in writing by the donor or depositor of such records, but shall not apply to records the disclosure or publication of which is mandated by another statute or by federal law;

and (q) PhotographsExcept oras videosprovided prepared,in owned,KRS used,61.168, possessed,photographs or retainedvideos by public agencies that depict athe person's death, killing, rape, or physical or sexual assault or abuse, as well as any other gruesome photograph or video of a person.

ThisHowever, exemptionsuch shall:photographs or videos shall be made available at the request of any party who was involved in the underlying incident, including the party, his or her immediate family, legal representative, or any involved insurance company or their representative.

1.

Apply to gruesome photographs or videos introduced as part of a civil or criminal proceeding;

and 2.

Have retroactive application to gruesome photographs or videos in existence prior to the effective date of this Act.

The records shall include, but not be limited to, work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, lay- offs, disciplinary actions, examination scores, and preliminary and other supporting Page 6 of 7 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 965 documentation.

A public agency employee, including university employees, applicant, or eligible shall not have the right to inspect or to copy any examination Page 6 of 7 HB017410.100 - 965 - XXXX GA UNOFFICIAL COPY 20 RS HB 174/GA or any documents relating to ongoing criminal or administrative investigations by an agency.

This Act may be cited as Thethe Bailey Holt-Preston Cope Victims Privacy Act.

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