2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.874 Abstracts, memoranda, copies -- Agency may prescribe fee -- Use of nonexempt public records for commercial purposes -- Online access.
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61.874 Abstracts, memoranda, copies -- Agency may prescribe fee -- Use of
nonexempt public records for commercial purposes -- Online access.
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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 copies are
requested, the custodian may require a written request and advance payment
of the prescribed fee, including postage where appropriate. If the applicant
desires copies of public records other than written records, the custodian of the
records shall duplicate the records or permit the applicant to duplicate the
records; however, the custodian shall ensure that such duplication will not
damage or alter the original records.
(a) Nonexempt public records used for noncommercial purposes shall be
available for copying in either standard electronic or standard hard copy
format, as designated by the party requesting the records, where the
agency currently maintains the records in electronic format. Nonexempt
public records used for noncommercial purposes shall be copied in
standard hard copy format where agencies currently maintain records in
hard copy format. Agencies are not required to convert hard copy format
records to electronic formats.
(b) The minimum standard format in paper form shall be defined as not less
than 8 1/2 inches x 11 inches in at least one (1) color on white paper, or
for electronic format, in a flat file electronic American Standard Code for
Information Interchange (ASCII) format. If the public agency maintains
electronic public records in a format other than ASCII, and this format
conforms to the requestor's requirements, the public record may be
provided in this alternate electronic format for standard fees as specified
by the public agency. Any request for a public record in a form other than
the forms described in this section shall be considered a nonstandardized
request.
The public agency may prescribe a reasonable fee for making copies of
nonexempt public records requested for use for noncommercial purposes
which shall not exceed the actual cost of reproduction, including the costs of
the media and any mechanical processing cost incurred by the public agency,
but not including the cost of staff required. If a public agency is asked to
produce a record in a nonstandardized format, or to tailor the format to meet
the request of an individual or a group, the public agency may at its discretion
provide the requested format and recover staff costs as well as any actual
costs incurred.
(a) Unless an enactment of the General Assembly prohibits the disclosure of
public records to persons who intend to use them for commercial
purposes, if copies of nonexempt public records are requested for
commercial purposes, the public agency may establish a reasonable fee.
(b) The public agency from which copies of nonexempt public records are
requested for a commercial purpose may require a certified statement
from the requestor stating the commercial purpose for which they shall be
used, and may require the requestor to enter into a contract with the
agency. The contract shall permit use of the public records for the stated
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commercial purpose for a specified fee.
(c) The fee provided for in subsection (a) of this section may be based on
one or both of the following:
1.
Cost to the public agency of media, mechanical processing, and
staff required to produce a copy of the public record or records;
2.
Cost to the public agency of the creation, purchase, or other
acquisition of the public records.
It shall be unlawful for a person to obtain a copy of any part of a public record
for a:
(a) Commercial purpose, without stating the commercial purpose, if a
certified statement from the requestor was required by the public agency
pursuant to subsection (4)(b) of this section; or
(b) Commercial purpose, if the person uses or knowingly allows the use of
the public record for a different commercial purpose; or
(c) Noncommercial purpose, if the person uses or knowingly allows the use
of the public record for a commercial purpose. A newspaper, periodical,
radio or television station shall not be held to have used or knowingly
allowed the use of the public record for a commercial purpose merely
because of its publication or broadcast, unless it has also given its
express permission for that commercial use.
Online access to public records in electronic form, as provided under this
section, may be provided and made available at the discretion of the public
agency. If a party wishes to access public records by electronic means and the
public agency agrees to provide online access, a public agency may require
that the party enter into a contract, license, or other agreement with the
agency, and may charge fees for these agreements. Fees shall not exceed:
(a) The cost of physical connection to the system and reasonable cost of
computer time access charges; and
(b) If the records are requested for a commercial purpose, a reasonable fee
based on the factors set forth in subsection (4) of this section.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 262, sec. 4, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 163, sec. 4, effective July 14, 1992. -- Created 1976
Ky. Acts ch. 273, sec. 3.
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