Title VIII, Offices and Officers

(1) A public agency may conduct any meeting through video teleconference. (2) Notice of a video teleconference meeting shall: (a) Comply with the requirements of KRS 61.820 or 61.823 as appropriate; (b) Clearly state that the meeting will be a video teleconference; (c) Provide sp…

Catchline at repeal: Action voidable for noncompliance.

The minutes of action taken at every meeting of any such public agency, setting forth an accurate record of votes and actions at such meetings, shall be promptly recorded and such records shall be open to public inspection at reasonable times no later than immediately following t…

No condition other than those required for the maintenance of order shall apply to the attendance of any member of the public at any meeting of a public agency. No person may be required to identify himself in order to attend any such meeting. All agencies shall provide meeting r…

Catchline at repeal: Enforcement.

(1) If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. The person shall submit a written complaint to the presiding officer of the public agenc…

Attorney General's decision -- Voidability of action not substantially complying -- Awards in willful violation actions. (1) The Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred shall have jurisdiction…

KRS 61.805 to 61.850 shall not be construed as repealing any of the laws of the Commonwealth relating to meetings but shall be held and construed as ancillary and supplemental thereto.

As used in KRS 61.870 to 61.884, unless the context requires otherwise: (1) "Public agency" means: (a) Every state or local government officer; (b) Every state or local government department, division, bureau, board, commission, and authority; (c) Every state or local legislative…

61.878. The General Assembly finds and declares that the basic policy of KRS 61.870 to 61.884 is that free and open examination of public records is in the public interest and the exceptions provided for by KRS 61.878 or otherwise provided by law shall be strictly construed, even…

The General Assembly finds an essential relationship between the intent of this chapter and that of KRS 171.410 to 171.740, dealing with the management of public records, and of KRS 42.720 to 42.742, 45.253, 171.420, 186A.040, and 186A.285, dealing with the coordination of strate…

-- Limitation. (1) All public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right. No resident of the C…

nonexempt public records for commercial purposes -- Online access. (1) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of KRS 61.878. When copie…

records. A person who violates subsections (2) to (6) of KRS 61.874 shall be liable to the public agency from which the public records were obtained for damages in the amount of: (1) Three (3) times the amount that would have been charged for the public record if the actual comme…

prohibited -- Conditions -- Right of action -- Damages. (1) A person shall not utilize a booking photograph or a photograph of an inmate taken pursuant to KRS 196.099 originally obtained from a public agency for a commercial purpose if: (a) The photograph will be placed in a publ…

public records. (1) Each public agency shall adopt rules and regulations in conformity with the provisions of KRS 61.870 to 61.884 to provide full access to public records, to protect public records from damage and disorganization, to prevent excessive disruption of its essential…

Restriction of state employees to inspect personnel files prohibited. (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 aut…

(1) If a person enforces KRS 61.870 to 61.884 pursuant to this section, he or she shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. Each public agency, upon any request for records made under KRS 61.870 to 61.884,…

of proof -- Costs -- Attorney fees. (1) The Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained shall have jurisdiction to enforce the provisions of KRS 61.870 to 61.884, …

Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.878.

Park Commission and the Tennessee Valley Authority. (1) As used in KRS 61.886 to 61.892: (a) "Commission" means the Breaks Interstate Park Commission created in KRS 148.220; and (b) "TVA" means the Tennessee Valley Authority. (2) The Tennessee Valley Authority or the Breaks Inter…

officers meet certain requirements -- Training and equipment expenses. (1) The commissioner of the Department of Parks shall ensure that an employee of the commission that is being recommended by the commission to be appointed and commissioned in accordance with KRS 61.886(3) sha…

(1) (a) Each TVA or commission peace officer appointed and commissioned pursuant to KRS 61.886 to 61.892 throughout every county in the Commonwealth in which TVA or the commission operates or owns or controls property, including leasehold interests: 1. Shall have and exercise the…

When TVA or the commission no longer needs the services of a person appointed and commissioned as a TVA or commission peace officer pursuant to this section, notice to that effect, signed by the general manager of TVA, the chairperson of the commission, or the person having respo…

Each TVA or commission peace officer appointed pursuant to KRS 61.886 to 61.892 shall, before he or she enters upon the discharge of the duties of his or her office, execute bond in the sum of fifty thousand dollars ($50,000), with good security, conditioned upon the faithful per…

The compensation of the TVA peace officers appointed and commissioned pursuant to KRS 61.886 to 61.892 shall be fixed and paid by TVA.

Each TVA peace officer appointed and commissioned pursuant to KRS 61.886 to 61.892 shall, while on duty, wear a badge or shield identifying him as an employee either of the TVA public safety service or of the TVA Land Between the Lakes Protection Section. When acting as a detecti…

The keepers of jails in any county or municipality wherein the violation occurs for which any such arrest is made by a TVA peace officer shall receive all persons arrested by such officers to be dealt with according to law, and persons so arrested shall be received by keepers of …

As used in KRS 61.902 to 61.930: (1) "Commission" means a commission issued to an individual by the secretary of justice and public safety, entitling the individual to perform special law enforcement duties on public property; (2) "Council" means the Kentucky Law Enforcement Coun…

(1) The secretary of the Justice and Public Safety Cabinet may commission special law enforcement officers, for such time as he or she deems necessary, to protect and to enforce the law on public property. (2) Notwithstanding subsection (1) of this section, in the case of a speci…

KRS 61.900 to 61.930 shall be administered by the secretary, or by any agency within the cabinet designated by the secretary and acting under his authority. The secretary shall promulgate and enforce such administrative regulations as may be reasonable and necessary to carry out …

In order to qualify for a commission as a special law enforcement officer under KRS 61.900 to 61.930, an individual must present satisfactory evidence of compliance with the following conditions and requirements: (1) No person shall be eligible for a commission who: (a) Has been …

The following fees shall be required with respect to applications, examinations, and training for commissions: (1) With the initial application, a fee of twenty-five dollars ($25); (2) With application for renewal, a fee of twenty-five dollars ($25); (3) Prior to any written exam…

The secretary shall revoke or suspend the commission of any special law enforcement officer whenever he shall determine: (1) That the commission-holder does not meet, or no longer meets, the requirements and conditions for the commission; or (2) That the commission-holder has kno…

Any duly commissioned special law enforcement officer shall, while performing law enforcement duties upon the public property he or she is hired to protect, be empowered to arrest: (1) Persons committing, in his or her presence and upon the public property he or she is hired to p…

Duly commissioned special law enforcement officers shall have the power to issue tickets for parking violations committed upon the public property in their presence and the power of peace officers under KRS 431.015 to issue citations for misdemeanors, and other violations as defi…

A special law enforcement officer may, in the course of accomplishing any lawful arrest for a felony committed upon the public property as herein provided, use and apply that force which he believes is necessary to make the arrest, except that he may only use deadly force to make…

A special law enforcement officer may, in the course of accomplishing any lawful arrest for a criminal offense other than a felony committed upon the public property as herein provided, use and apply that force, less than deadly force, which he believes is necessary to make the a…

The powers and duties of special law enforcement officers shall be confined to the premises of the public property to be protected, except while in pursuit of a person fleeing from the property after committing any felony or misdemeanor, other than traffic violations, on the prop…

Nothing in KRS 61.900 to 61.930 shall be construed as being in derogation of the common law, or of any statute of the Commonwealth, pertaining to: (1) Arrest by a private citizen; or (2) In any civil or criminal case, the defenses of protection of self, protection of another, pro…

Duly commissioned special law enforcement officers shall have the right to use and operate public emergency vehicles in accordance with KRS 189.910 through 189.993.

concealed deadly weapon. Special law enforcement officers duly commissioned under KRS 61.900 to 61.930 shall be deemed "peace officers" within the meaning of KRS 527.020 and shall be authorized to carry a concealed deadly weapon on or about their persons when necessary for their …

Catchline at repeal: Revocation of existing commissions -- Issuance of new commissions.

KRS 61.900 to 61.926 may be cited as "The Special Law Enforcement Officer Act."

Use policy requirements for law enforcement agencies that use facial recognition technology. (1) As used in this section: (a) "Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or i…

devices by executive and legislative branch employees and contractors -- Exceptions. (1) For the purposes of this section, "TikTok" means the social networking service owned by the Chinese company ByteDance Limited or any successor application. (2) Except as provided in subsectio…

As used in KRS 61.931 to 61.934: (1) "Agency" means: (a) The executive branch of state government of the Commonwealth of Kentucky; (b) Every county, city, municipal corporation, urban-county government, charter county government, consolidated local government, and unified local g…

practices for certain public agencies and nonaffiliated third parties. (1) (a) An agency or nonaffiliated third party that maintains or otherwise possesses personal information, regardless of the form in which the personal information is maintained, shall implement, maintain, and…

Notice to affected individuals of result of investigation -- Personal information not subject to requirements -- Injunctive relief by Attorney General. (1) (a) Any agency that collects, maintains, or stores personal information that determines or is notified of a security breach …

practices for legislative and judicial branches -- Personal information disposal or destruction procedures. (1) The legislative and judicial branches of state government shall implement, maintain, and update reasonable security and breach investigation procedures and practices, i…