It’s become an annual tradition in Frankfort: a new bill designed to chip away at the government transparency Kentucky citizens have enjoyed for nearly 50 years under the Open Records Act. This year’s bill – HB 509, endorsed by Speaker David Osborne and others in House leadership – is different, though. It would completely eviscerate the public’s right to know even the most basic things about what the government is doing in its name.
How does HB 509 undermine the Open Records Act?
Primarily by changing the definition of what a “public record” is. Today, that definition is clear: any record prepared, owned, used, possessed, or retained by a public agency, regardless of its form (paper or electronic), what it says, or where it is stored. Sure, agencies can claim that records are exempt from disclosure under other provisions of the law, but the agency must search for the records, admit they exist, and explain why they should not be released.
Not under the new law, however. Legislators are proposing to smuggle various limitations and exclusions into the definition of “public record” – opening the door to mischief and misdirection by public agencies. Under HB 509, nothing would be a “public record” unless it documents a “transaction” or “final action” of a public agency. Those terms are not defined by the law, but it’s easy to see how they will be abused.