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Unofficial word has reached us that Rep. John Blanton (R-Salyersville) will withdraw HB 141, a highly controversial bill filed in December that drew severe criticism from open government advocates and the media.

https://www.facebook.com/kyopengovernment/posts/826829887863735

https://www.courier-journal.com/story/news/politics/ky-general-assembly…

https://forwardky.com/new-bill-would-obliterate-open-records-laws-creat…

https://news-expressky.com/news/rep-john-blanton-prefiles-controversial…

https://www.facebook.com/419650175248377/posts/833343123879078/?d=n

The bill would exclude records from the open records law that include the "personally identifying information" of any current or former judge, prosecutor, or law enforcement officer, and members of their immediate families.

"Personally identifying information" is defined in the bill to include home address, email and phone number — all currently protected under the privacy exception of the open records law — but also the judge's, prosecutor's, and law enforcement officer's first and last name.

The bill would prohibit public agencies from posting the names and require agencies to delete the names from public record systems within 72 hours of the law taking effect.

It would make the intentional posting of the information on the internet a Class D felony, requiring removal within seven days of the law's effective date. It would also create a civil cause of action for publication.

Critics characterized HB 141 as a "patently tone-deaf bill" that represented "the opening shot in what is apt to be a long legislative siege"; "an unconstitutional assault on government transparency" that "criminalizes free expression"; and "a solution in search of a problem" that would "turn open records upside down."

Critics also commented on the practical impossibility of implementation and potential chilling effect on open government.

Rep. Blanton acknowledged that the bill presented problems and indicated he would "tweak it."

Better, we think, to scrap it altogether as he apparently has done or soon will do.

Although proceedings in the House were apparently cut short today, Rep. Blanton is expected to file the appropriate records to withdrawn the bill very soon.

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