61.870 Definitions for KRS 61.872 to 61.884.
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61.870 Definitions for KRS 61.872 to 61.884.
As used in KRS 61.872 to 61.884, unless the context requires otherwise: <br>(1) "Public agency" means:
(a) Every state or local government officer; <br>(b) Every state or local government department, division, bureau, board,
commission, and authority;
(c) Every state or local legislative board, commission, committee, and officer; <br>(d) Every county and city governing body, council, school district board, special
district board, and municipal corporation;
(e) Every state or local court or judicial agency; <br>(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, <br>executive order, ordinance, resolution, or other legislative act;
(g) Any body created by state or local authority in any branch of government; <br>(h) Any body which derives at least twenty-five percent (25%) of its funds
expended by it in the Commonwealth of Kentucky from state or local <br>authority funds;
(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 <br>this subsection; by a member or employee of such a public agency; or by any <br>combination thereof;
(j) Any board, commission, committee, subcommittee, ad hoc committee,
advisory committee, council, or agency, except for a committee of a hospital <br>medical staff, established, created, and controlled by a public agency as <br>defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (k) of this <br>subsection; and
(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 <br>this subsection;
(2) "Public record" means all books, papers, maps, photographs, cards, tapes, discs,
diskettes, recordings, software, or other documentation regardless of physical form <br>or characteristics, which are prepared, owned, used, in the possession of or retained <br>by a public agency. "Public record" shall not include any records owned or <br>maintained by or for a body referred to in subsection (1)(h) of this section that are <br>not related to functions, activities, programs, or operations funded by state or local <br>authority;
(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 <br>public records exempted from inspection as provided by KRS 61.878 or <br>specific addresses of files, passwords, access codes, user identifications, or <br>any other mechanism for controlling the security or restricting access to public <br>records in the public agency's computer system.
(b) "Software" consists of the operating system, application programs,
procedures, routines, and subroutines such as translators and utility programs, <br>but does not include that material which is prohibited from disclosure or <br>copying by a license agreement between a public agency and an outside entity <br>which supplied the material to the agency;
(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 <br>service, or any use by which the user expects a profit either through <br>commission, salary, or fee.
(b) "Commercial purpose" shall not include:
1.
Publication or related use of a public record by a newspaper or <br>periodical;
2.
Use of a public record by a radio or television station in its news or other <br>informational programs; or
3.
Use of a public record in the preparation for prosecution or defense of <br>litigation, or claims settlement by the parties to such action, or the <br>attorneys representing the parties;
(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 <br>keeping of public records, regardless of whether such records are in his actual <br>personal custody and control;
(6) "Custodian" means the official custodian or any authorized person having personal
custody and control of public records;
(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, <br>diskettes, optical disks, magnetic tapes, and cards; and
(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, <br>computer, recorder or tape processor, or other automated device.
Effective: July 15, 1994 <br>History: Amended 1994 Ky. Acts ch. 262, sec. 2, effective July 15, 1994. </p>
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