61.870 Definitions for KRS 61.870 to 61.884.

As used in KRS 61.870 to 61.884, unless the context requires otherwise:

1. (1) “Public agency” means:
1. (a) Every state or local government officer;
2. (b) Every state or local government department, division, bureau, board, commission, and authority;
3. (c) Every state or local legislative board, commission, committee, and officer;
4. (d) Every county and city governing body, council, school district board, special district board, and municipal corporation;
5. (e) Every state or local court or judicial agency;
6. (f) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;
7. (g) Any body created by state or local authority in any branch of government;
8. (h) Any body which, within any fiscal year, derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds. However, any funds derived from a state or local authority in compensation for goods or services that are provided by a contract obtained through a public competitive procurement process shall not be included in the determination of whether a body is a public agency under this subsection;
9. (i) Any entity where the majority of its governing body is appointed by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (j), or (k) of this subsection; by a member or employee of such a public agency; or by any combination thereof;
10. (j) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff, established, created, and controlled by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (k) of this subsection; and
11. (k) Any interagency body of two (2) or more public agencies where each public agency is defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection;
2. (2) “Public record” means all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. “Public record” shall not include any records owned or maintained by or for a body referred to in subsection (1)(h) of this section that are not related to functions, activities, programs, or operations funded by state or local authority;
3. (3) (a) “Software” means the program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency’s computer system.
1. (b) “Software” consists of the operating system, application programs, procedures, routines, and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency;
4. (4) (a) “Commercial purpose” means the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee.
1. (b) “Commercial purpose” shall not include:
1. 1. Publication or related use of a public record by a newspaper or periodical;
2. 2. Use of a public record by a radio or television station in its news or other informational programs; or
3. 3. Use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties;
5. (5) “Official custodian” means the chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care and keeping of public records, regardless of whether such records are in his actual personal custody and control;
6. (6) “Custodian” means the official custodian or any authorized person having personal custody and control of public records;
7. (7) “Media” means the physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes, and cards;
8. (8) “Mechanical processing” means any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor, or other automated device;
9. (9) “Booking photograph and photographic record of inmate” means a photograph or image of an individual generated by law enforcement for identification purposes when the individual is booked into a detention facility as defined in KRS 520.010 or photograph and image of an inmate taken pursuant to KRS 196.099; and
10. (10) “Resident of the Commonwealth” means:
1. (a) An individual residing in the Commonwealth;
2. (b) A domestic business entity with a location in the Commonwealth;
3. (c) A foreign business entity registered with the Secretary of State;
4. (d) An individual that is employed and works at a location or locations within the Commonwealth;
5. (e) An individual or business entity that owns real property within the Commonwealth;
6. (f) Any individual or business entity that has been authorized to act on behalf of an individual or business entity defined in paragraphs (a) to (e) of this subsection; or
7. (g) A news-gathering organization as defined in KRS 189.635(8)(b)1.a. to e.