SB 48 — AN ACT relating to personal information.

Vetoed in its Entirety UNOFFICIAL COPY 21 RS BRSB 96048/EN AN ACT relating to personal information.

Page 1 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN (j) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff, established, created, and controlled by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (k) of this subsection;

(4) (a) "Commercial purpose" means the direct or indirect use of any part of a public Page 2 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN 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.

and[.] Page 3 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN (10) "Public officer" means:

Page 4 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN (a) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;

Page 5 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN 3.

Unless exempted by other Page 6 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN provisions of KRS 61.870 to 61.884, public records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action;

Page 7 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN b.

or Page 8 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN c.

The procurement process is canceled without award of a contract and there is a determination that the contract will not be resolicited;[ and] Page 9 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN (p) Communications of a purely personal nature unrelated to any governmental function;

Page 10 of 1114 BR096000.100XXXX -Engrossed 960Vetoed -in XXXXits JacketedEntirety UNOFFICIAL COPY 21 RS BRSB 96048/EN (5) The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function.

PageSECTION 113. of 11 BR096000.100 - 960 - XXXX Jacketed

A NEW SECTION OF KRS 61.870 TO 61.884 IS CREATED TO READ AS FOLLOWS:

(1) As used in this section:

(a) "Immediate family member" means:

1.

A spouse, child, parent, or person under the familial custody or care of a judicial officer, prosecutor, or law enforcement agent;

2.

A person related by blood, law, or marriage to the judicial officer, prosecutor, or law enforcement agent;

or 3.

A person who lives in the same residence as the judicial officer, prosecutor, or law enforcement agent;

(b) "Judicial officer" means any current, former, or retired:

1.

Administrative law judge or member of the Workers' Compensation Board pursuant to KRS Chapter 342;

2.

Federal justice, judge, or magistrate judge as defined in the Constitution of the United States or the United States Code;

3.

Hearing officer, qualified to conduct administrative hearings pursuant to KRS Chapter 13B;

4.

Justice, judge, trial commissioner, or domestic relations commissioner of the Kentucky Court of Justice;

or 5.

Circuit Court clerk;

(c) "Law enforcement agent" means any "peace officer" as defined in KRS 446.010 and any "law enforcement officer" as defined in KRS 15.310 and 209A.020;

Page 11 of 14 XXXX Engrossed Vetoed in its Entirety UNOFFICIAL COPY 21 RS SB 48/EN (d) "Personally identifiable information" means the following:

1.

Biometric, health, or medical data, or insurance information;

2.

Birth and marriage records;

3.

Date of birth;