KRS § 61.874 — KY Code / Title VIII / Chapter 61 / Section 61.874
61.874 Abstracts, memoranda, copies -- Agency may prescribe fee -- Use of nonexempt public records for commercial purposes -- Online access
Status: in_force

61.874 Abstracts, memoranda, copies -- Agency may prescribe fee -- Use of

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 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.

(2) (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.

(3) 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.

(4) (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 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.

(5) 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.

(6) 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.