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DE SB155

Bill

Status

Introduced

6/3/2021

Primary Sponsor

Kyle Gay

Click for details

Origin

Senate

151st General Assembly

AI Summary

  • Allows public bodies to deny FOIA requests that are unreasonably broad, unduly burdensome, intended to disrupt essential functions, or abusive.

  • Authorizes public bodies to charge administrative fees for requests requiring more than 1 hour of staff time, including costs for reviewing and redacting exempt information, with fees billed at the hourly rate of the lowest-paid capable employee.

  • Requires all public bodies to post meeting notices electronically on either a state-designated website or a website maintained by the public body itself.

  • Establishes a 120-day statute of repose for citizens to file FOIA violation lawsuits, with the filing deadline extended to 30 days after an Attorney General determination if a petition is first filed.

  • Makes Attorney General FOIA determinations advisory and non-appealable, allows citizens to file lawsuits directly without first petitioning the Attorney General, and clarifies that monetary damages are not recoverable for FOIA violations.

Legislative Description

An Act To Amend Title 29 Of The Delaware Code Relating To The Freedom Of Information Act.

Last Action

Reported Out of Committee (Elections & Government Affairs) in Senate with 1 Favorable, 4 On Its Merits

6/9/2021

Committee Referrals

Elections & Government Affairs6/3/2021

Full Bill Text

No bill text available