{"data":{"id":"us-ky/krs-65.037","jurisdiction":"us-ky","citation":"KRS 65.037","heading":"Definitions -- Affidavit in lieu of lost, damaged, or destroyed local","body":"government record -- Good-faith attempt at replacement or re -creation --\nContents of affidavit -- Exception.\n(1) As used in this section:\n(a) \"Government entity\" means an en tity enumerated in KRS 12.020 or the\nLegislative Research Commission;\n(b) \"Legislative body\" means the city commission, board of commissioners, city\ncouncil, or board of alderman of a city; the fiscal court of a county; the board\nof a special purpose gover nmental entity, fire district, or volunteer fire\ndepartment; or the legislative body of an urban -county government, charter\ncounty government, unified local government, or consolidated local\ngovernment;\n(c) \"Local government\" means a city, county, urban -county government, charter\ncounty government, unified local government, consolidated local government,\nspecial purpose governmental entity as defined in KRS 65A.010, or fire\ndistrict operating under KRS Chapter 75 or volunteer fire department\noperating under  KRS Chapter 273 which reports to the Kentucky Fire\nCommission under KRS Chapter 95A; and\n(d) \"Record\" means a record, document, data, or information required to be\nproduced by a local government no matter the format. \"Record\" shall not\ninclude any record required under:\n1.  KRS Chapter 422;\n2. KRS Chapters 131 to 144, or any record ancillary to tax collection;\n3. KRS Chapters 116 to 121A, or any record ancillary to elections of any\nkind;\n4. KRS Chapter 382, or any record ancillary to conveyances and\nencumbrances of property;\n5. KRS Chapter 213, or any record ancillary to the collection of vital\nstatistics or the reporting of deaths and diseases; or\n6. KRS Chapters 431 to 441, or any record ancillary to the administration\nof persons held in local correctional facilities.\n(2) If a record required to be produced by a local government is lost, damaged, or\ndestroyed, under circumstances other than as set out in KRS 519.060 when a person\ntampers with a record with the intent of invoking the provisions of this sect ion, then\nthe legislative body of the local government, in lieu of presenting the record itself,\nmay provide an affidavit that shall be sufficient to serve as being in compliance\nwith any statute or administrative regulation promulgated under KRS Chapter 1 3A\nthat requires the local government to transmit a record to a government entity. Any\naffidavit presented to a government entity that is in substantial compliance with this\nsection shall be sufficient to consider the local government as effectively having\ntransmitted that record, and a penalty for noncompliance shall not be assessed. The\naffidavit shall only serve to satisfy any requirement based solely on the fact of the\ntransmission or receipt of the record.\n(3) A local government shall make a good -faith attempt at replacing or re -creating the\nrecord that has been lost, damaged, or destroyed. A good-faith effort shall include at\nleast bona fide attempts at:\n(a) Contacting the individual or entity in charge of producing or storing the record\nfor replacement;\n(b) Reproducing the data that constituted the record and re -creating the record;\nand\n(c) Contacting an individual or entity that possesses a copy or an additional\noriginal of the record to acquire a copy for replacement.\n(4) If a bona fide attempt or attempts at replacing or re-creating the record in its entirety\nis unsuccessful, then the legislative body of the local government may proceed with\nfiling the affidavit with the government entity, which shall contain:\n(a) The statutory citation requiring transmission of the record which has been lost,\ndamaged, or destroyed and a description of the general contents of what was\nrequired to be recorded;\n(b) A description of the circumstances surrounding the loss, damage,  or\ndestruction of the record;\n(c) A detailed description of the specific efforts toward reconstructing the record\nas set out in subsection (3) of this section; and\n(d) A citation of any data or information that the city has been able to replace or\nreconstruct from the original record, and the data or information itself shall be\nincluded as an attachment to the affidavit.\n(5) The affidavit shall be in the form of a resolution passed by the legislative body of\nthe local government.\n(6) Nothing in this sectio n shall prevent a government entity from requiring that the\nlocal government reproduce the information contained in the record if the\ngovernment entity determines that information is necessary for governmental\noperations. A government entity shall not require the local government to reproduce\nthe information contained in the record if that information is received only for\narchival purposes or used for incidental data collection.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52785","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:20Z","sha256":"524140d70e0fd4eae43484123fc116ce07054937a46c3cb3b4ea6675111eb6da","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.035","next":"us-ky/krs-65.040"},"notice":"GroundRules: Original legal text. Not legal advice."}