Alabama 2024 Regular Session

Alabama Senate Bill SB270 Compare Versions

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33 SB270
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55 By Senator Orr
66 RFD: County and Municipal Government
77 First Read: 02-Apr-24
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1414 First Read: 02-Apr-24
15-Enrolled, An Act,
15+A BILL
16+TO BE ENTITLED
17+AN ACT
1618 Relating to public records; to amend Sections 36-12-40
1719 and 36-12-41, Code of Alabama 1975, and to add Sections
1820 36-12-43, 36-12-44, 36-12-45, and 36-12-46 to the Code of
1921 Alabama 1975, to establish procedures for requesting and
2022 obtaining public records; and to make nonsubstantive,
2123 technical revisions to update the existing code language to
2224 current style.
2325 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2426 Section 1. Sections 36-12-40 and 36-12-41 of the Code
2527 of Alabama 1975, are amended to read as follows:
2628 "§36-12-40
27-(a) Every citizenresident has a right to inspect and
28-take a copy of any public writing record of this state, except
29-as otherwise expressly provided by statuteapplicable law.
29+(a) Every citizen has a right to inspect and take a
30+copy of any public writing record of this state, except as
31+otherwise expressly provided by statuteapplicable law.
3032 Provided however, registration and circulation records and
3133 information concerning the use of the public, public school ,
3234 or college and university libraries of this state shall be
3335 exempted from this section. Provided further, any parent of a
3436 minor child shall have the right to inspect the registration
3537 and circulation records of any school or public library that
36-pertain to his or her child. Notwithstanding the foregoing,
37-records concerning security plans, procedures, assessments,
38-measures, or systems, and any other records relating to, or
39-having an impact upon, the security or safety of persons,
40-structures, facilities, or other infrastructures, including
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67+and circulation records of any school or public library that
68+pertain to his or her child. Notwithstanding the foregoing,
69+records concerning security plans, procedures, assessments,
70+measures, or systems, and any other records relating to, or
71+having an impact upon, the security or safety of persons,
7072 structures, facilities, or other infrastructures, including
7173 without limitation information concerning critical
7274 infrastructure,(as defined at 42 U.S.C. § 5195c(e) , as
7375 amended) and critical energy infrastructure information ,(as
7476 defined at 18 C.F.R. § 388.113(c)(1) , as amended) the public
7577 disclosure of which could reasonably be expected to be
7678 detrimental to the public safety or welfare, and records the
7779 disclosure of which would otherwise be detrimental to the best
7880 interests of the public shall be exempted from this section.
7981 Any public officer who receives a request for records that may
8082 appear to relate to critical infrastructure or critical energy
8183 infrastructure information, shall notify the owner of such
8284 infrastructure in writing of the request and provide the owner
8385 an opportunity to comment on the request and on the threats to
8486 public safety or welfare that could reasonably be expected
8587 from public disclosure on of the records.
8688 (b) For purposes of this article, the judicial branch
8789 of state government and any office identified in Article VI of
8890 the Constitution of Alabama of 2022, are exempted from the
8991 requirements of Sections 36-12-43 through 36-12-45. "
9092 "§36-12-41
9193 Every public officer having the custody of a public
92-writing which a citizen record that a resident has a right to
93-inspect is bound to give him shall provide him or her , on
94-demand proper request as provided in this article , with a
95-certified copy of it the public record , on payment of the
96-legal fees therefor a reasonable fee, as further provided in
97-this article, and such copy is admissible as evidence in like
98-cases and with like effect as the original writing ."
94+writing which record that a citizen has a right to inspect is
95+bound to give him shall provide him or her , on demand proper
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128-cases and with like effect as the original writing ."
125+bound to give him shall provide him or her , on demand proper
126+request as provided in this article , with a certified copy of
127+it the public record , on payment of the legal fees therefor a
128+reasonable fee, as further provided in this article , and such
129+copy is admissible as evidence in like cases and with like
130+effect as the original writing ."
129131 Section 2. Sections 36-12-43, 36-12-44, 36-12-45, and
130132 36-12-46 are added to the Code of Alabama 1975, to read as
131133 follows:
132134 §36-12-43
133135 (a) It is the policy of the state to promptly provide
134-residents with the opportunity to inspect public records and
135-to request a copy, subject to payment of reasonable fees and
136-to appropriate protections for private, confidential,
136+citizens with the opportunity to inspect public records and to
137+request a copy, subject to payment of reasonable fees and to
138+applicable legal protections for private, confidential,
137139 privileged, and other nonpublic information, and to the
138140 interest of the general public in having the business of
139141 government carried on efficiently and without undue
140142 interference.
141143 (b) For purposes of this article, the following terms
142144 shall have the following meanings:
143145 (1) BUSINESS DAY. A day that the public officer's
144146 office is open to the public and conducting normal operations.
145-(2) PUBLIC OFFICER. A public officer or his or her
147+(2) CITIZEN. A resident who is permanently domiciled in
148+Alabama with an expectation to remain in Alabama as
149+demonstrated by reasonable proof of residency such as, but not
150+limited to, an Alabama driver license or voter registration.
151+(3) PUBLIC OFFICER. A public officer or his or her
146152 designee responsible for responding to public records
147153 requests.
148-(3) RESIDENT. An individual who is permanently
149-domiciled in Alabama with an expectation to remain in Alabama
150-as demonstrated by reasonable proof of residency such as, but
151-not limited to, an Alabama driver license or voter
152-registration.
153-(4) STANDARD REQUEST. A public records request that
154-seeks one or more specifically and discretely identified
155-public records that the public officer determines would take
156-less than eight hours of staff time to process considering the
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183+requests.
184+(4) STANDARD REQUEST. A public records request that
185+seeks one or more specifically and discretely identified
186+public records that the public officer determines would take
186187 less than eight hours of staff time to process considering the
187188 time needed to identify and retrieve any responsive records
188-and to redact or take other measures to withhold protected
189-information. A standard request should require no or minimal
190-clarification by the requester.
191-(5) SUBSTANTIVE RESPONSE. A response to a proper public
189+and to redact or take other measures to withhold legally
190+protected information. A standard request should require no or
191+minimal clarification by the requester.
192+(5) SUBSTANTIVE RESPONSE. A response to a public
192193 records request that sets forth the public officer's ultimate
193194 position on the substance of the request. The term includes,
194195 but is not limited to, the following, in whole or in part:
195196 a. A statement that the public records are provided as
196197 attached or enclosed.
197198 b. A statement that access to the requested public
198199 records will be provided at a set time, place, and location
199200 during regular business hours or at a time, place, and
200201 location mutually agreeable to the public officer and the
201202 requester.
202203 c. A statement that the public officer is prepared to
203204 provide the requested public records to the requester upon
204-payment of a reasonable fee.
205+payment of a reasonable, specified fee.
205206 d. A statement that denies the request with reasons
206207 stated therefor.
207208 e. A statement that denies the request on the grounds
208209 that the requested public record does not exist within the
209210 government agency. If known to the public officer, the public
210211 officer may identify the proper custodian or location for the
211-requested public record.
212-f. A statement that denies the request for failure to
213-substantially complete a standard request form.
214-g. A statement that denies the request for failure to
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241+officer may identify the proper custodian or location for the
242+requested public record.
243+f. A statement that denies the request for failure to
244+substantially complete a standard request form.
244245 g. A statement that denies the request for failure to
245246 substantially comply with the written procedures established
246247 by the public officer for such request.
247248 h. A statement that denies the request because the
248249 records sought are not public.
249250 (6) TIME-INTENSIVE REQUEST. A public records request
250251 that the public officer determines would take more than eight
251252 hours of staff time to process considering the time needed to
252253 identify and retrieve any responsive records and any time
253-needed to redact or take other measures to withhold protected
254-information.
254+needed to redact or take other measures to withhold legally
255+protected information.
255256 (c) This article is not intended to, and does not,
256257 change or in any way affect any protections for private,
257258 confidential, privileged, or other nonpublic information
258259 provided under applicable law.
259260 §36-12-44
260261 (a) A public officer shall respond to a standard
261262 request subject to each of the following provisions:
262263 (1) The public officer may require the requester to
263264 submit his or her request using a standard request form or by
264265 following the written procedures for accepting requests for
265266 public records established by the public officer.
266267 (2) The public officer may require the requester to pay
267268 a reasonable fee set by the public officer before the
268269 requester may receive any public records. If the public
269-officer elects to charge a fee, the public officer shall
270-notify the requester of the estimated fee and withhold any
271-public records until receipt of payment. The requester may opt
272-not to pay the fee and thus not receive any substantive
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299+requester may receive any public records. If the public
300+officer elects to charge a fee, the public officer shall
301+notify the requester of the estimated fee and withhold any
302+public records until receipt of payment. The requester may opt
302303 not to pay the fee and thus not receive any substantive
303-response. Additionally, the public officer shall have the
304-discretion to require the requester to pay all or a portion of
305-the estimated fee prior to searching for any responsive public
306-records.
304+response.
307305 (3) The public officer shall acknowledge a proper
308306 request within 10 days of receiving the request.
309307 (4) The public officer shall provide a substantive
310308 response fulfilling or denying a proper request within 15
311309 business days of acknowledging receipt. Although the public
312310 officer may extend this period in 15-business-day increments
313311 upon written notice to the requester, the public officer
314312 should process a standard request as expeditiously as possible
315313 considering the requester's time constraints, the public
316314 officer's workload, and the nature of the request.
317315 (5) There shall be a rebuttable presumption that a
318316 proper standard request has been denied by the public officer
319317 if:
320318 a. A substantive response is not provided to the
321319 standard request within the earlier of 30 business days or 60
322320 calendar days following acknowledgment of receipt by the
323321 public officer; or
324322 b. The public records are not produced within the
325323 earlier of 30 business days or 60 calendar days following the
326324 payment of the estimated fees to the public officer.
327325 (6) There shall be no presumption that a proper
328326 standard request has been denied if:
329-a. The request is not proper or the public officer is
330-not obligated or required to respond as provided in this
327+a. The public officer has responded in part;
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360-not obligated or required to respond as provided in this
361-section;
362-b. The public officer has responded in part;
363-c. The public officer and requester have reached an
357+a. The public officer has responded in part;
358+b. The public officer and requester have reached an
364359 agreement regarding the time or substance, or both, of the
365360 response;
366-d. Negotiations are ongoing between the public officer
367-and the requester; or
368-e. The public officer has reasonably communicated the
361+c. Good faith negotiations are ongoing between the
362+public officer and the requester; or
363+d. The public officer has reasonably communicated the
369364 status of the request to the requester.
370365 (b) A public officer shall respond to a proper,
371366 time-intensive request subject to each of the following
372367 provisions:
373368 (1) The public officer shall require the requester to
374369 submit his or her request using a standard request form or by
375370 following the written procedures for accepting requests for
376371 public records established by the public officer.
377-(2) The public officer shall require the requester to
378-pay a reasonable fee set by the public officer before
379-providing a substantive response to the requester. The public
380-officer shall notify the requester in advance of any likely
381-fees and shall withhold any substantive response until receipt
382-of payment. Additionally, the public officer shall have the
383-discretion to require the requester to pay all or a portion of
384-the estimated fee prior to searching for any responsive public
385-records.
372+(2) The public officer may require the requester to pay
373+a reasonable fee set by the public officer before providing a
374+substantive response to the requester. The public officer
375+shall notify the requester in advance of any likely fees and
376+shall withhold any substantive response until receipt of
377+payment.
386378 (3) The public officer shall acknowledge the request
387379 within 10 business days of receiving the request.
388380 (4) The public officer shall notify the requester
381+within 15 business days after acknowledging receipt that the
382+request qualifies as a time-intensive request. At that time,
383+the public officer shall notify the requester of any likely
384+fees and allow the requester to withdraw the time-intensive
385+request and submit a new request that is not a time-intensive
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418-(4) The public officer shall notify the requester
419-within 15 business days after acknowledging receipt that the
420-request qualifies as a time-intensive request. At that time,
421-the public officer shall notify the requester of any likely
422-fees and allow the requester to withdraw the time-intensive
423415 request and submit a new request that is not a time-intensive
424416 request. If the requester elects to proceed with a
425417 time-intensive request, the public officer shall provide a
426418 substantive response fulfilling or denying the request within
427419 45 business days after the requester elected to proceed with
428420 his or her time-intensive request. The public officer may
429421 extend this period in 45-business-day increments by notifying
430422 the requester in writing.
431423 (5) At or around the time of designating the request as
432424 time-intensive, the public officer shall make a record in a
433425 log maintained for keeping track of currently pending
434426 time-intensive requests. For each such currently pending
435-request, the log shall identify the name of the requester and
436-the date of acknowledgment pursuant to subdivision (3). The
437-log shall be a confidential document that is not subject to
438-disclosure pursuant to this article, provided the log may
439-remain discoverable pursuant to proper discovery methods
440-provided under applicable rules of procedure.
427+request, the log shall identify the name of the requester, the
428+general subject matter of the request, and the date of
429+acknowledgment pursuant to subdivision (3). The log shall be a
430+confidential document that is not subject to disclosure
431+pursuant to this article, provided the log may remain
432+discoverable pursuant to proper discovery methods provided
433+under applicable rules of procedure.
441434 (6) There shall be a rebuttable presumption that a
442435 proper time-intensive request has been denied by the public
443436 officer if:
444437 a. A substantive response is not provided within the
445438 earlier of 180 business days or 270 calendar days following
446439 the requester's election to proceed with a time-intensive
440+request.
441+b. The records are not produced within the earlier of
442+180 business days or 270 calendar days following the payment
443+of the estimated fees to the public officer.
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476-the requester's election to proceed with a time-intensive
477-request.
478-b. The records are not produced within the earlier of
479-180 business days or 270 calendar days following the payment
480473 of the estimated fees to the public officer.
481474 (7) There shall be no presumption that a proper
482-time-intensive request has been denied if:
483-a. The request is not proper or the public officer is
484-not obligated or required to respond as provided in this
485-section;
486-b. The public officer has responded in part;
487-c. The public officer and requester have reached an
475+standard request has been denied if:
476+a. The public officer has responded in part;
477+b. The public officer and requester have reached an
488478 agreement regarding the time or substance, or both, of the
489479 response;
490-d. Negotiations are ongoing between the public officer
491-and the requester; or
492-e. The public officer has reasonably communicated the
480+c. Good faith negotiations are ongoing between the
481+public officer and the requester; or
482+d. The public officer has reasonably communicated the
493483 status of the request to the requester.
494-(c) A request made pursuant to this article shall
484+(c) A request made pursuant to this article must
495485 identify the requested public record with reasonable
496486 specificity. A public officer shall not be obligated to
497487 respond to a public records request that is vague, ambiguous,
498488 overly broad, or unreasonable in scope.
499489 (d) A public officer shall not be required to create a
500490 new public record if the requested record does not already
501491 exist.
502492 (e) A public officer shall not be required to respond
503493 to requests that seek information or other materials that are
504494 not public records.
495+(f) A public officer may request reasonable evidence to
496+establish proof of residency.
497+(g) If a public officer responds to a request by
498+seeking clarification or additional information, the timelines
499+established in this section shall be tolled and shall restart
500+once the public officer receives the requested clarification
501+or additional information as if the requester had submitted a
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534-not public records.
535-(f) A public officer may request reasonable evidence to
536-establish proof of residency. A public officer shall have the
537-discretion to respond to public records requests made by
538-nonresidents, in which case, a public officer's decision to
539-respond to such requests shall not operate as a waiver of the
540-public officer's right to deny other or future requests made
541-by nonresidents.
542-(g) If a public officer responds to a request by
543-seeking clarification or additional information, the timelines
544-established in this section shall be tolled and shall restart
545-once the public officer receives the requested clarification
546531 or additional information as if the requester had submitted a
547532 new request. A public officer's decision to seek clarification
548533 or additional information with respect to any particular
549534 request shall not operate as a waiver of the public officer's
550535 right to seek clarification or additional information in
551536 response to other, future requests.
552537 (h) Nothing in this article shall be construed to
553538 prohibit a public officer from processing a public records
554539 request in a manner that is less expensive or more prompt from
555540 the perspective of the requester.
556541 §36-12-45
557-(a)(1) A resident may request access to a public record
542+(a)(1) A citizen may request access to a public record
558543 by following the written procedures for accepting such
559544 requests established by the public officer having custody of
560545 the public record. The written procedures may establish any of
561546 the following:
562547 a. A standard request form for use in submitting a
548+public records request.
549+b. A designee, such as a public records coordinator, to
550+whom a public records request shall be addressed.
551+c. The permissible method or methods of transmitting a
552+public records request.
553+d. Any other policies pertaining to the process for
554+submitting a public records request.
555+(2) The public officer shall make his or her written
556+procedures concerning public records reasonably available to
557+the public.
558+(3) A public officer shall not be obligated to respond
559+to a public records request that is not made pursuant to the
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592-a. A standard request form for use in submitting a
593-public records request.
594-b. A designee, such as a public records coordinator, to
595-whom a public records request shall be addressed.
596-c. The permissible method or methods of transmitting a
597-public records request.
598-d. Any other policies pertaining to the process for
599-submitting a public records request.
600-(2) The public officer shall make his or her written
601-procedures concerning public records reasonably available to
602-the public.
603-(3) A public officer shall not be obligated to respond
604589 to a public records request that is not made pursuant to the
605590 public officer's written procedures.
606591 (4) Written procedures need not be adopted as
607592 administrative rules pursuant to the Alabama Administrative
608593 Procedure Act.
609594 (b) In the absence of written procedures to the
610595 contrary, each of the following shall apply:
611-(1) A resident may submit a public records request by
596+(1) A citizen may submit a public records request by
612597 delivering the request by hand or by mailing the request to
613598 the main office or principal place of business of the public
614599 officer having custody of the public record.
615600 (2) Receipt of a hand-delivered public records request
616601 occurs when the request is received at the public officer's
617602 main office or principal place of business. Receipt of a
618603 mailed public records request occurs on the date of actual
619604 receipt by the public officer. A certified mail receipt or
620605 similar signed postage receipt shall be prima facie evidence
606+of receipt by the public officer.
607+(3) The standard request form shall read substantially as
608+follows, provided a public officer may require additional
609+information or modify the order or format in which the
610+information is requested:
611+"Requester's contact information:
612+Name:__________________________________________________
613+Phone number:__________________________________________
614+Email address:_________________________________________
615+Street address:________________________________________
616+City:__________________________________________________
617+State:_________________________________________________
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650-similar signed postage receipt shall be prima facie evidence
651-of receipt by the public officer.
652-(3) The standard request form shall read substantially as
653-follows, provided a public officer may require additional
654-information or modify the order or format in which the
655-information is requested:
656-"Requester's contact information:
657-Name:__________________________________________________
658-Phone number:__________________________________________
659-Email address:_________________________________________
660-Street address:________________________________________
661-City:__________________________________________________
662647 State:_________________________________________________
663648 Zip:___________________________________________________
664649 Agency you are requesting public records from:
665650 _______________________________________________________
666651 Date of request:_______________________________________
667652 Records requested: (Be as specific as possible. A
668653 public officer is not obligated to respond to a request
669654 that is vague, ambiguous, overly broad, or unreasonable
670655 in scope, nor is a public officer obligated to respond
671656 to a request that seeks records that do not exist or
672657 materials that are not public records. Additionally,
673658 extensive requests for public records may increase the
674659 fees to cover the administrative cost of searching and
675660 copying the requested records.)
676661 _______________________________________________________
677662 _______________________________________________________
678663 _______________________________________________________
664+_______________________________________________________
665+Payment of fees may be required before your request is
666+fulfilled.
667+By submitting this request, you certify that you are an
668+Alabama resident with standing to make a request for
669+public records pursuant to Alabama law."
670+§36-12-46
671+Nothing in this article shall be construed to permit
672+any party to a pending or threatened action, suit, or
673+proceeding to obtain information regarding a matter relevant
674+to the pending or threatened action, suit, or proceeding in
675+lieu of the proper discovery methods provided under applicable
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706-336 SB270 Enrolled
703+336 SB270 Engrossed
707704 Page 13
708-_______________________________________________________
709-_______________________________________________________
710-Payment of fees may be required before your request is
711-fulfilled.
712-By submitting this request, you certify that you are an
713-Alabama resident with standing to make a request for
714-public records pursuant to Alabama law."
715-§36-12-46
716-Nothing in this article shall be construed to permit
717-any party to a pending or threatened action, suit, or
718-proceeding to obtain information regarding a matter relevant
719-to the pending or threatened action, suit, or proceeding in
720705 lieu of the proper discovery methods provided under applicable
721706 rules of procedure.
722707 Section 3. This act shall become effective on October
723708 1, 2024.
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711+339 SB270 Engrossed
712+Page 14
713+1, 2024.
714+Senate
715+Read for the first time and referred
716+to the Senate committee on County
717+and Municipal Government
718+................02-Apr-24
719+Read for the second time and placed
720+on the calendar:
721+ 0 amendments
722+................09-Apr-24
723+Read for the third time and passed
724+as amended
725+Yeas 29
726+Nays 0
727+Abstains 0
728+................18-Apr-24
729+Patrick Harris,
730+Secretary.
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738-351 SB270 Enrolled
739-Page 14
740-1, 2024.
741-________________________________________________
742-President and Presiding Officer of the Senate
743-________________________________________________
744-Speaker of the House of Representatives
745-SB270
746-Senate 18-Apr-24
747-I hereby certify that the within Act originated in and passed
748-the Senate, as amended.
749-Patrick Harris,
750-Secretary.
751-House of Representatives
752-Amended and passed: 02-May-24
753-Senate concurred in House amendment 07-May-24
754-By: Senator Orr
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