SB 63 — AN ACT relating to personal information and declaring an emergency.

(a) Sworn public peace officers;officer;

(b) Public safety officers;officer;

(c) JudicialFederal officers;law enforcement officer;

(d) Prosecutors;Judicial officer;

(e) PublicProsecutor; defenders;

(f) AnyPublic individualdefender; who is an employee or retired employee of a public agency and who is certified as a first responder under KRS 61.900, 61.902 to 61.930, or Chapter 311A, or whose employment duties include law enforcement, emergency medical services, or firefighting activities;

(g) EmployeesEmployee of thea Cabinetpublic foragency Health and Familywho Servicesis or was previously certified as a first responder under KRS 61.900, 61.902 to 61.930, or Chapter 311A, or whose employment duties include theor investigationdid ofinclude abuse,law neglect,enforcement, exploitation,emergency fraud,medical theft,services, or otherfirefighting criminal activities;

(h) EmployeesEmployee of lawthe enforcementCabinet agenciesfor whoHealth testifyand inFamily criminalServices cases,whose includingduties investigativeinclude analystsor anddid labinclude technicians;the investigation of abuse, neglect, exploitation, Page 6 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA fraud, theft, or other criminal activities;

(i) ActiveEmployee andof retireda Unitedlaw States,enforcement Commonwealth's,agency andwho countytestifies attorneys,or theirpreviously assistants,testified statewidein prosecutors,a andcriminal guardianscase, adincluding litem;investigative analysts and lab technicians;

(j) ActiveCorrections andofficer, retiredjailer, corrections officers, jailers, corrections probation and parole officers,officer, juvenile probation officers,officer, and juvenile detention officers;officer;

and (k) PersonsPerson employed at emergency call centers in the state of Kentucky.

(1) The following public records are excluded from the application of KRS 61.870 to 61.884 and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall authorize the inspection by any party of any Page 5 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery:

Page 7 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA b.

Page 6 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 3.

The law of eminent Page 8 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA domain shall not be affected by this provision;

Unless exempted by other Page 7 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 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 9 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA (l) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly, including any information acquired by the Department of Revenue in tax administration that is prohibited from divulgence or disclosure under KRS 131.190;

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and Page 10 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA h.

or Page 9 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 c.

(n) Public or private records, including books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, Page 11 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA museum, or government depository from a donor or depositor other than a public agency.

Page 10 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 (p) Client and case files maintained by the Department of Public Advocacy or any person or entity contracting with the Department of Public Advocacy for the provision of legal representation under KRS Chapter 31;

The person under investigation for, charged with, pled guilty Page 12 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA to, or found guilty of a crime related to the underlying incident or their immediate family shall not be permitted to have access to the photographs or videos;[ and] (r) Communications of a purely personal nature unrelated to any governmental function;

and (s) PersonallyPublic identifiablerecords informationcontaining inpersonally recordsidentifiable thatinformation wouldof reveala thepublic addressofficer or locationhis ofor aher publicimmediate officerfamily member if that officer has notified the public agency responsible for those records that he or she does not want the information to be made public.

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and 2.

The names and information of the immediate family members whose information shall be excluded;

and 3.

A public agency employee, including university employees, applicant, or eligible shall not have the right to inspect or to copy any examination or any documents relating to ongoing criminal or administrative investigations by Page 13 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA an agency.

(6) When material is made available pursuant to a request under subsection (1)(q) of this section, the public agency shall not be required to make a copy of the recording except as provided in KRS 61.169, and the requesting parties shall not be limited in Page 12 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 the number of times they may view the material.

(1) AsIn usedaddition into any protections provided under Section 2 of this section:Act:

(a) "Immediate1. family member" means:

1.Upon notification by a public officer, a public agency shall not post, re-post, publish, or otherwise make known the personally identifiable information of that public officer or his or her immediate family members;

A spouse, child, parent, or person under the familial custody or care of a public officer;

ANotification personshall relatedinclude: by blood, law, or marriage to a public officer;

or 3.

A person who lives in the same residence as a public officer;

and (b) "Personally identifiable information" means the following:

1.

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

2.

Birth and marriage records;

3.

Date of birth;

4.

Financial account number or credit or debit card number;

5.

Home or physical address, including:

AnyA secondarywritten orrequest vacationthat address;the information be excluded from disclosure;

AnyThe propertynames taxand orinformation propertyof ownershipthe records;immediate family members whose information shall be excluded;

orand c.

AnyA directionsletter tofrom orthe identifyingemployer photographs of anythe primary,public secondary,officer verifying present or vacationpast residence;employment in a public officer position;

6.3.

Home,Any personalpublic mobile,officer orwho directhas personalrequested telephonethat numberhis toor theher individual,information exceptbe thatPage nothing14 inof this17 sectionSB006310.100 shall- be29 construed- toXXXX includeGA anyUNOFFICIAL recordCOPY 22 RS SB 63/GA made inconfidential may withdraw the courserequest ofor performingpermit anrelease officialof dutyhis regardlessor ofher thepersonally natureidentifiable ofinformation theat deviceany used;time;

7.

Identification of any children of the individual under the age of eighteen (18);

8.

Personal electronic mail addresses, except that nothing in this section shall be construed to include any record made in the course of Page 13 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 performing an official duty regardless of the nature of the device used;

9.

Photographs of any vehicle personally owned, leased, or operated by the individual, including photographs of any license plates, vehicle registration, or vehicle identification numbers;

10.

School, day care, or employment locations or assignments;

11.

Social Security number;

or 12.

Vehicle registration.

(2) In addition to any protections provided under Section 2 of this Act:

(a) Upon written request of a public officer, immediate family member, or their authorized agent, a public agency shall designate any of the requestor's personally identifiable information as confidential and shall not post, re- post, publish, or otherwise make known the personally identifiable information.

Any person, or authorized agent, who has requested that their information be made confidential may withdraw the request or permit release of their personally identifiable information at any time;

and (c) If a public agency cannot redact and remove the personally identifiable information within three (3) business days, then it shall notify the requestor,public officer, in writing, within twenty-four (24) hours of the failure to redact or remove the information, specifically identify the information that was not redacted or removed, and state the reasons that redaction or removal was not practicable.

(3)(2) The exemptions in this section are supplemental to the exemptions provided in Page 14 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 Section 2 of this Act and shall not be deemed to replace any exemptions or personal privacy protections provided in Section 2 of this Act and any other exemption or personal privacy protections provided by law.

(4)(3) Nothing in this section shall prevent a public agency from using personally identifiable information as required to perform the routine functions of the agency.agency or routine functions necessary to complete business transactions between consumers when the transaction involves a public officer or his or her immediate family members.

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

Any public officer who has been convicted of or entered a plea of guilty to any felony or criminal offense against a victim who is a minor as defined in KRS 17.500, and the immediate family members of that public officer, shall not be entitled to the protections Page 15 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA provided in Section 2 and 3 of this Act.

SECTION 5.

(b) "Immediate family member" has the same meaning as in Section 31 of this Act;

(c) "Personally identifiable information" has the same meaning as in Section 31 of this Act;

(a) The person disseminates the personally identifiable information of the personpublic whoofficer filesor anhis actionor underher thisimmediate section:family member:

In response to a decision or action, or to influence or impact any future action, taken by the at-riskpublic individualofficer as part of his or her official duties;

With the intent to intimidate, harass, annoy,threaten, or alarm;

and (b) The dissemination places the public officer or his or her immediate family Page 15 of 16 XXXX Jacketed UNOFFICIAL COPY 22 RS BR 29 member in reasonable fear of physical injury, or reasonable fear of harm to their property.

Page 16 of 17 SB006310.100 - 29 - XXXX GA UNOFFICIAL COPY 22 RS SB 63/GA (4) The action may be filed in Circuit Court in the county where the alleged violation occurred, or where the public officer or his or her immediate family member resides.

Section 5.

This Act may be cited as the Fred Capps Act.

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