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ID H0328

Bill

Status

Passed

4/7/2011

Primary Sponsor

Unknown

Origin

House of Representatives

2011 Regular Session

AI Summary

House Bill 328 Summary

  • Public agencies and independent public bodies may require written requests for public records that include the requester's name, mailing address, email address, and telephone number, with requests and delivery permitted via electronic mail.

  • No fees shall be charged for the first two hours of labor or the first 100 pages of paper records; fees for additional labor and copying may only be charged under specific circumstances and must be itemized at the lowest paid administrative staff or attorney hourly rate.

  • Agencies may not charge fees when a requester demonstrates the examination and copying will significantly contribute to public understanding of government operations or when the requester lacks sufficient financial resources to pay.

  • Agencies may aggregate multiple related requests from the same requester made within a reasonable time period if they reasonably believe the requester is intentionally segregating requests to avoid fees, but may not aggregate unrelated requests.

  • Custodians may require advance payment of authorized fees, with excess payments returned to requesters; the bill applies retroactively to all current, ongoing, and future public records requests and declares an emergency effective date.

Legislative Description

Amends existing law relating to public records to provide that public agencies and independent public bodies corporate and politic may impose certain requirements relating to requests for public records; to provide that requests for public records and delivery of public records may be made by electronic mail; to revise provisions relating to inquiries by custodians in connection with requests for public records; to revise fee provisions; to provide that under certain circumstances there shall be no cost or fee charged for examination or copying of public records; to provide that statements of fees shall be itemized; to provide for the aggregation of related requests under certain circumstances; to provide for advance payment of fees; to provide for the crediting of moneys received to certain accounts and to provide for the expenditure of such funds by an agency.

PUBLIC RECORDS

Last Action

Governor signed Session Law Chapter 242 Effective: 04/07/11 for all current, ongoing or future requests

4/7/2011

Committee Referrals

State Affairs3/31/2011

Full Bill Text

No bill text available