Kentucky Reconsiders Homeland Security Exemption for Open Records Law - June 15, 2004 Vol.5, No.12

June 15, 2004 Vol.5, No.12:

Published: 06/14/2004

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Kentucky Reconsiders Homeland Security Exemption for Open Records Law

After unsuccessfully pushing a bill to create a homeland security exemption to Kentucky's Open Records Act, Democratic Representative Mike Weaver intends to re-propose the bill after the state's homeland security director requested such a provision.

In the years since the 9/11 attacks, many states have considered broad-scoped and vaguely worded exemptions to public records and open meeting laws. Often these laws already have exemptions for issues pertaining to national security and criminal investigations. As a result, important health and safety information is being withheld from the public based on the small possibility that it could be misused.

During the 2004 General Assembly, the Kentucky House unanimously passed Weaver's homeland security exemption, but the Senate altered it to include additional records. House leaders elected to forego enacting the measure rather than accept the altered version.

Recently, Erwin Roberts, executive director of Kentucky's Office of Homeland Security, reported to the Interim Committee on Seniors, Military Affairs and Public Safety, that various documents such as "vulnerability assessments" needed to be removed from public access.

Based on this report, Weaver has committed to preparing a new bill to introduce when the General Assembly reconvenes in January 2005.