FRANKFORT, Ky. (AP) – An open records measure dealing with public access to the flow of electronic messages between government officials passed the Kentucky House of Representatives on Tuesday after close scrutiny.
The bill's lead sponsor, Republican state Rep. John Hodgson, withdrew the original version, which drew strong backlash from open records advocates.
These advocates warn that the revised version still contains loopholes that undermine the public's ability to scrutinize government business.
To that end, open government advocates say that the obligation for public agencies to create electronic information would be limited and applied only to materials stored on “government agency property or government agency-designated email accounts.” Amy Bensenhaver said in an email after the House vote.
The new version of House Bill 509 passed the House by a vote of 61-31 and will advance to the Senate. Republicans hold supermajorities in both chambers.
Hodgson said it would update provisions of Kentucky's open records law, which was enacted long before email, text messages and other forms of electronic communication.
“This bill would require tens of thousands of people who work in the public sector or serve as appointed officers in some capacity to have institutions provided by or supplied by the government; “We are trying to bridge the gap that has arisen over the ensuing decades. We will be provided with a designated email so that we can conduct our official business using a searchable electronic platform,” Mr Hodgson said.
Mr Hodgson said he was trying to balance the need for transparency with the need for individual privacy.
The bill could subject public officials to penalties for using private email accounts for official business. But open records advocates say that's not enough, because there's no guarantee those records will be subject to state open records laws.
“Until this bill received attention, the overwhelming weight of the Open Records Act's authority to determine public record status focused on the nature and content of records, not where they were kept. “Bensenhaver said. He is a former assistant attorney general and helped start the Kentucky Open Government Coalition.
“HB 509 was passed by the House with the goal of overturning that analysis and reversing that authority,” she added.
