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General Assembly convenes Jan. 8; busy session expected Not many of those who follow the Kentucky General Assembly expect a repeat of the 2001 session when few issues came before the lawmakers and even fewer passed out of the chambers. This regular 60-day session of the legislature, set to convene Jan. 8, is expected by many to be busy. One issue that KPA and reporters across the state had been watching intensely and will still pay attention to, is any amendment to the state’s Open Records Law. Officials in Gov. Paul Patton’s administration said in early November that they were looking into a possible amendment to the Open Records Law to cover sensitive material or documents relating to homeland security. The Associated Press reported on Nov. 2 that a possible amendment to write a “security exemption” into the law was being drafted. That changed, however, on Nov. 29 when Patton officials said the administration had decided not to seek an amendment to the existing law. “While not precisely relating to the security of state facilities and assets, we believe the open records law is adequate and can be used to protect documents we believe could jeopardize the security of the state,” Denis Fleming, Gov. Paul Patton's general counsel, told The Courier-Journal. The fact that the Sept. 11 terrorist attacks in our nation have changed the climate in regards to records’ access is evident, however, with the state removing some material from its web sites. For example, the Public Service Commission until recently had maps of electric and gas transmission lines, water lines and electric power plants on its Web site. The files could have be downloaded by anyone with a computer. Now, the site bears a notice that the maps are “available upon written request.” After the initial word from the state that an amendment to the Open
Records Act was being drafted, KPA contacted editors across the state
to poll their experiences regarding records’ access since Sept. 11.
Thus far, problems have been isolated. But, nearly every editor that
responded to the survey expressed their concern over the possibility
of amendments to the Open Records Act. They pledged their support and
encouraged KPA to diligently monitor the legislature. A pre-filed bill that KPA is concerned about is one from Rep. Brent
Yonts, D-Greenville, dealing with autopsy reports and photographs. KPA’s
main concern with the bill is its broad and vague language. Unlike
Florida’s legislation (which stemmed from the controversy over a
newspaper’s attempt to obtain the autopsy photographs from legendary
Nascar driver Dale Earnherdt), Yonts’ bill says “and any related
document” to the autopsy. The only other pre-filed bill that’s raised a red flag is the telemarketing bill that narrowly escaped passage in the 2001 session. It comes again from Rep. Bucky Buckingham, D-Murray, and is similar to previous bill with the exception of reducing the penalty for violations. It would only allow telemarketing by a newspaper that was working in conjunction with a school or school system and only if part of the proceeds went to that school. KPA will continue to monitor these bills and any legislative activity of concern to newspapers.
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