SB270INTRODUCED
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SB270
3QAGEZV-1
By Senator Orr
RFD: County and Municipal Government
First Read: 02-Apr-24
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5 3QAGEZV-1 03/19/2024 PMG (L)tgw 2024-1091
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First Read: 02-Apr-24
SYNOPSIS:
Under existing law, citizens have the right to
inspect and obtain a copy of public records of the
state, within certain parameters.
This bill would establish procedures for
requesting and obtaining public records.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to public records; to amend Sections 36-12-40
and 36-12-41, Code of Alabama 1975, and to add Sections
36-12-43, 36-12-44, and 36-12-45 to the Code of Alabama 1975,
to establish procedures for requesting and obtaining public
records; and to make nonsubstantive, technical revisions to
update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 36-12-40 and 36-12-41 of the Code
of Alabama 1975, are amended to read as follows:
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of Alabama 1975, are amended to read as follows:
"§36-12-40
(a) Every citizen has a right to inspect and take a
copy of any public writing record of this state, except as
otherwise expressly provided by statute. Provided however,
registration and circulation records and information
concerning the use of the public, public school , or college
and university libraries of this state shall be exempted from
this section. Provided further, any parent of a minor child
shall have the right to inspect the registration and
circulation records of any school or public library that
pertain to his or her child. Notwithstanding the foregoing,
records concerning security plans, procedures, assessments,
measures, or systems, and any other records relating to, or
having an impact upon, the security or safety of persons,
structures, facilities, or other infrastructures, including
without limitation information concerning critical
infrastructure,(as defined at 42 U.S.C. § 5195c(e) , as
amended) and critical energy infrastructure information ,(as
defined at 18 C.F.R. § 388.113(c)(1) , as amended) the public
disclosure of which could reasonably be expected to be
detrimental to the public safety or welfare, and records the
disclosure of which would otherwise be detrimental to the best
interests of the public shall be exempted from this section.
Any public officer who receives a request for records that may
appear to relate to critical infrastructure or critical energy
infrastructure information, shall notify the owner of such
infrastructure in writing of the request and provide the owner
an opportunity to comment on the request and on the threats to
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an opportunity to comment on the request and on the threats to
public safety or welfare that could reasonably be expected
from public disclosure on the records.
(b) For purposes of this article, the judicial branch
of state government and any office identified in Article VI of
the Constitution of Alabama of 2022, are exempted from the
requirements of Sections 36-12-43 through 36-12-45. "
"§36-12-41
Every public officer having the custody of a public
writing which record that a citizen has a right to inspect is
bound to give him shall provide him or her , on proper demand,
with a certified copy of it the public record , on payment of
the legal fees therefor a reasonable fee, as further provided
in this article, and such the copy isshall be admissible as
evidence in like cases and with like effect as the original
writingrecord."
Section 2. Sections 36-12-43, 36-12-44, and 36-12-45
are added to the Code of Alabama 1975, to read as follows:
§36-12-43
(a) It is the policy of the state to promptly provide
citizens with the opportunity to inspect public records and to
request a copy, subject to payment of reasonable fees and to
applicable legal protections for sensitive information, and to
the interest of the general public in having the business of
government carried on efficiently and without undue
interference.
(b) For purposes of this article, the following terms
shall have the following meanings:
(1) BUSINESS DAY. A day that the public officer's
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(1) BUSINESS DAY. A day that the public officer's
office is open to the public and conducting normal operations.
(2) PUBLIC OFFICER. A public officer or his or her
designee responsible for responding to public records
requests.
(3) STANDARD REQUEST. A public-records request that
seeks one or more specifically and discretely identified
public records that the public officer determines would take
less than eight hours of staff time to process considering the
time needed to identify and retrieve any responsive records
and to redact or take other measures to withhold legally
protected information. A standard request should require no or
minimal clarification by the requester.
(4) SUBSTANTIVE RESPONSE. A response to a
public-records request that sets forth the public officer's
ultimate position on the substance of the request. The term
includes, but is not limited to, the following, in whole or in
part:
a. A statement that the public records are provided as
attached or enclosed.
b. A statement that access to the requested public
records will be provided at a set time, place, and location
during regular business hours or at a time, place, and
location mutually agreeable to the public officer and the
requester.
c. A statement that the public officer is prepared to
provide the requested public records to the requester upon
payment of a reasonable fee.
d. A statement the requested records do not exist.
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d. A statement the requested records do not exist.
e. A statement that denies the request with reasons
stated therefor.
f. A statement that denies the request on the grounds
the public officer is not the custodian of the requested
public record and, if known to the public officer, identifies
the custodian.
g. A statement that denies the request for failure to
substantially complete a standard request form.
h. A statement that denies the request for failure to
substantially comply with the written procedures established
by the public officer for such request and provides
instructions for compliance or a reasonable alternative for
substantial compliance if the requester has provided a
reasonable basis for which compliance with the established
procedure is unduly burdensome, impractical, or impossible to
the requester.
(5) TIME-INTENSIVE REQUEST. A public-records request
that the public officer determines would take more than eight
hours of staff time to process considering the time needed to
identify and retrieve any responsive records and any time
needed to redact or take other measures to withhold legally
protected information.
(c) This article is not intended to, and does not,
change or in any way affect any protections for sensitive or
other nonpublic information provided under applicable law.
§36-12-44
(a) A public officer shall respond to a standard
request subject to each of the following provisions:
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request subject to each of the following provisions:
(1) The public officer may, but need not, require the
requester to submit his or her request using a standard
request form.
(2) The public officer shall acknowledge the request
within 10 business days of receiving it.
(3) The public officer shall provide a substantive
response fulfilling or denying the request within 15 business
days of acknowledging receipt. Although the public officer may
extend this period in 15-business-day increments upon written
notice to the requester, the public officer should process a
standard request as expeditiously as possible considering the
requester's time constraints, the public officer's workload,
and the nature of the request.
(4) The requester shall have standing to file suit to
enforce this article if either of the following occurs:
a. A substantive response is not provided to the
standard request within the earlier of 30 business days or 60
calendar days following acknowledgment of receipt by the
public officer.
b. The public records are not produced within the
earlier of 30 business days or 60 calendar days following the
payment of the estimated fees to the public officer.
c. A substantive response denies a request in whole or
in part.
(b) A public officer shall respond to a time-intensive
request subject to each of the following provisions:
(1) The public officer shall require the requester to
submit his or her request using a standard request form.
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submit his or her request using a standard request form.
(2) The public officer shall require the requester to
pay a reasonable fee before the requester may receive the
public records.
(3) The public officer shall acknowledge the request
within ten business days of receiving it.
(4) The public officer shall notify the requester
within 15 business days after acknowledging receipt that the
request qualifies as a time-intensive request. At that time,
the public officer shall notify the requester of any likely
fees and allow the requester to withdraw the time-intensive
request and submit a new request that is not a time-intensive
request. If the requester elects to proceed with a
time-intensive request, the public officer shall provide a
substantive response fulfilling or denying the request within
45 business days after the requester elected to proceed with
his or her time-intensive request. The public officer may
extend this period in 45-business-day increments by notifying
the requester in writing.
(5) At or around the time of designating the request as
time-intensive, the public officer shall make a record in a
log maintained for keeping track of currently pending
time-intensive requests. For each such currently pending
request, the log shall identify the name of the requester, the
general subject matter of the request, and the date of
acknowledgment pursuant to subsection (b)(3).
(6) The requester shall have standing to file suit to
enforce this article if either of the following occurs:
a. A substantive response is not provided within the
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a. A substantive response is not provided within the
earlier of 180 business days or 270 calendar days following
the requester's election to proceed with a time-intensive
request.
b. The records are not produced within the earlier of
180 business days or 270 calendar days following the payment
of the estimated fees to the public officer.
c. A substantive response denies a request in whole or
in part.
(c) A public officer shall not be obligated to respond
to a public-records request that is vague, ambiguous, overly
broad, or unreasonable in scope; provided, if the public
officer chooses to respond to such a request by seeking
clarification from the requester concerning the scope of the
request, the timelines established in this section shall
restart once the public officer receives the requested
clarification from the requester.
(d) A public officer shall not be required to create a
new public record if the requested record does not already
exist.
(e) Nothing in this section shall be construed to
prohibit a public officer from processing a public-records
request in a manner that is less expensive or more prompt from
the perspective of the requester.
§36-12-45
(a)(1) A citizen may request access to a public record
by following the written procedures for accepting such
requests established by the public officer having custody of
the public record. The written procedures may establish any of
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the public record. The written procedures may establish any of
the following:
a. A standard request form for use in submitting a
public-records request.
b. A designee, such as a public-records coordinator, to
whom a public-records request shall be addressed.
c. The permissible method or methods of transmitting a
public-records request.
d. Any other policies pertaining to the process for
submitting a public-records request.
(2) The public officer shall make his or her written
procedures concerning public records reasonably available to
the public.
(3) A public officer shall not be obligated to respond
to a public-records request that is not made pursuant to the
public officer's written procedures.
(4) Written procedures need not be adopted as
administrative rules pursuant to the Alabama Administrative
Procedure Act.
(b) In the absence of written procedures to the
contrary, each of the following shall apply:
(1) A citizen may submit a public-records request by
delivering the request by hand or by mailing the request to
the main office or principal place of business of the public
officer having custody of the public record.
(2) Receipt of a hand-delivered public-records request
occurs when the request is received at the public officer's
main office or principal place of business. Receipt of a
mailed public-records request occurs on the date of actual
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mailed public-records request occurs on the date of actual
receipt by the public officer. A certified mail receipt or
similar signed postage receipt shall be prima facie evidence
of receipt by the public officer.
(3) The standard request form shall read substantially
as follows:
"Requester's contact information:
Name:__________________________________________________
Phone number:__________________________________________
Email address:_________________________________________
Street address:________________________________________
_______________________________________________________
_______________________________________________________
Agency you are requesting public records from:
_______________________________________________________
Date of request:_______________________________________
Records requested: (Be as specific as possible. A
public officer shall not be obligated to respond to a
request that is vague, ambiguous, overly broad, or
unreasonable in scope. Additionally, extensive requests
for public records may increase the fees to cover the
administrative cost of searching and copying the
requested records.)
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Payment of fees may be required before your request is
fulfilled."
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fulfilled."
Section 3. This act shall become effective on October
1, 2024.
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