{"data":{"id":"us-ky/krs-65.312","jurisdiction":"us-ky","citation":"KRS 65.312","heading":"Applicability of Open Records Act and Open Meetings Act to governing","body":"bodies of public entity and affiliated organizations -- Exceptions -- Financial\ndata to be posted on Web -- Annual audit.\nThe governing body of a public entity and the governing body of an affiliated\norganization shall:\n(1) Be subject to the provisions of KRS 61.870 to 61.884, and all records of the public\nentity and its affiliated organizations shall be deemed open records and subject to\npublic inspection, unless the record:\n(a) Is excluded from inspection under KRS 61.878;\n(b) Includes information that would provide an unfair competitive advantage to\nprivate sector competitors providing insurance coverage or financing services\nin the Commonwealth;\n(c) Is generated by the public entity  or an affiliated organization, is generally\nrecognized as confidential or proprietary, and which, if openly disclosed,\nwould permit an unfair commercial advantage to competitors of the public\nentity or an affiliated organization; or\n(d) Relates to a fraud ulent insurance claim investigation conducted by the public\nentity or an affiliated organization and does not become evidence in a criminal\nor civil action. This paragraph shall not be construed to affect the rights of\nparties in a civil or criminal action  to obtain copies of the records pursuant to\nthe rules of discovery applicable to that action;\n(2) Be subject to the provisions of KRS 61.800 to 61.850, with the following\nexceptions:\n(a) Meetings may be closed in accordance with KRS 61.810; and\n(b) Proceedings to discuss insurance rates, proposed rates, or anything that relates\nto rates if that discussion would jeopardize the competitiveness of the public\nentity or an affiliated organization may be closed, as well as proceedings\nwhich would provide an unfa ir competitive advantage to private sector\ncompetitors of the public entity or an affiliated organization providing\ninsurance coverage or financing services in the Commonwealth;\n(3) By January 15 of each year, establish a schedule of regular meetings consistent with\nKRS 61.820, and conduct the regular meetings in accordance with the Open\nMeetings Act, KRS 61.805 to 61.850. A public entity and its affiliated organizations\nmay conduct special or emergency meetings, as set out in KRS 61.823, over\ntelephonic co nference call, provided that the public entity or the affiliated\norganization otherwise adheres to the requirements of KRS 61.805 to 61.850 and\nprovides a designated location or locations where members of the public may attend\nand hear the audio of each individual participating in the telephonic meeting;\n(4) By January 1, 2011, provide a Web site that will allow citizens Internet access to\nsubstantial and substantive financial data about expenditures of the public entity and\nits affiliated organizations. Information on the Web site shall be updated at least on\na monthly basis and shall provide the following information not considered\nconfidential by state or federal law:\n(a) The name of the recipient of the funds of the public entity and its affiliated\norganizations;\n(b) The expenditure type by vendor;\n(c) The amount of the expenditure;\n(d) A description of the purpose of the expenditure, if available;\n(e) The payment date of the expenditure;\n(f) An electronic link to a database di splaying the information contained in\nparagraphs (a) to (e) of this subsection, which information shall remain in the\ndatabase for at least three (3) years after the payment date of the expenditure;\n(g) The budget adopted by the governing body and its affi liated organizations;\nand\n(h) The complete annual audit results on a continuing basis;\n(5) Beginning August 1, 2010, undergo an annual audit performed by a certified public\naccountant or the Auditor of Public Accounts. The contract with the certified publi c\naccountant shall specify:\n(a) That the certified public accountant shall forward a copy of the audit report\nand management letters to the Auditor of Public Accounts; and\n(b) That the Auditor of Public Accounts shall have the right to review the\ncertified public accountant's work papers before and after the release of the\naudit; and\n(6) Allow the Office of the Auditor of Public Accounts to conduct, at its discretion, an\nexamination of the public entity and its affiliated organizations.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23386","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:21Z","sha256":"8ab23e825aaa76234efac97b399b48536466a812492c4f8077f58e1d1dfa496d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.310","next":"us-ky/krs-65.314"},"notice":"GroundRules: Original legal text. Not legal advice."}