HB 4388 Summary

• Adds Section 25 to the Freedom of Information Act establishing written request procedures for public records, requiring requests be submitted to a public body's LORA coordinator with electronic requests considered received 1 business day after transmission.

• Requires public bodies to respond within 5 business days by granting the request, denying it in writing, granting it in part, or issuing a single extension notice of up to 10 business days.

• Deems a failure to respond as a final denial if the failure was willful and intentional or if the request included "freedom of information," "LORA," "copy," or similar language in the first 250 words or subject line.

• Mandates written denial notices include the legal basis for exemption, confirmation that records do not exist, descriptions of separated/deleted information, and a full explanation of the requester's right to request reconsideration or seek judicial review.

• Takes effect January 1, 2022, contingent upon enactment of HB 4383 or Senate Bill No. ____ in the 101st Legislature.