SB 196 — Relating to open records; to amend Section 36-12-41, Code of Alabama 1975, and add Sections 36-12-43 and 36-12-44 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.

SB196 INTRODUCEDENGROSSED JISSNY-1JISSNY-2 By Senators Orr, Albritton, Livingston, Butler, Allen, Waggoner, Jones RFD:

11-Apr-23 Page2023 0Regular JISSNY-1Session 03/24/2023Page PMG0 (L)tgwSB196 2023-1170Engrossed 2 4 SYNOPSIS:A BILL TO BE ENTITLED AN ACT 9 Relating to open records;

Underto existingamend law,Section individuals36-12-41, haveCode theof rightAlabama to1975, inspectand add Sections 36-12-43, 36-12-44, and obtain36-12-45 ato copythe Code of publicAlabama records1975, ofto theestablish state,procedures withinfor certainrequesting parameters.and obtaining public records;

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 open records;

to amend Section 36-12-41, Code of Alabama 1975, and add Sections 36-12-43 and 36-12-44 to the Code of Alabama 1975, to establish procedures for requesting and obtaining public records;

Page 1 SB196 INTRODUCED "§36-12-41 (a) Every public officer having the custody of a public writing which a citizen record that ana individualcitizen has a right to inspect is bound to give him required to provide him or her, on demand, with a certified copy of it the public record, on payment of the legal fees therefor, and such the copy isshall be admissible as evidence in like cases and with like effect as the original writing."writing. Section 2.

Sections(b) 36-12-43For andpurposes 26-12-44of arethis addedarticle, toa "public record" does not include a record of the Codejudicial branch of Alabamastate 1975,government." toPage read1 asSB196 follows:Engrossed Section 2.

§36-12-43Sections (a)36-12-43, An36-12-44, individualand may36-12-45 requestare accessadded to a public record by delivering the requestCode byof handAlabama or1975, by mailing the request to theread publicas officerfollows: having custody of the public record.

§36-12-43 (a) A citizen may request access to a public record by delivering the request by hand or by mailing the request to the public officer having custody of the public record.

For purposes of an educational institution, receipt occurs when the request is delivered to the main office of the educational institution.

Page 2 SB196 INTRODUCED (3) For purposes of this article, receipt of an electronically received request occurs when the public officer acknowledges receipt of the request in writing to the requestingrequester. individual.

(c) The public officer shall promptly, but in all cases Page 2 SB196 Engrossed not more than six10 business days after the date of receipt, acknowledge receipt of the request.

§36-12-44 (a)Written Uponrequests receipt of a request for a public recordrecords asmay providedbe inmade Sectionon 36-12-43, a publicform officerthat shallis promptly,substantially butsimilar in all cases not more than 16 business days after the date of receipt of the request, make one or more of the following responses to the requesterfollowing: in writing:

"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.

Requests that are overly broad may take longer to respond to and 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." §36-12-45 (a) Upon receipt of a request for a public record as provided in Section 36-12-43, a public officer shall promptly, Page 3 SB196 Engrossed but in all cases not more than 20 business days after the date of receipt of the request, make one or more of the following responses to the requester in writing:

(2) Respond with an estimate of the costs for copying and production of the requested public writings.records.

95 (4) Deny the request in part and grant the request in part by providing access to or an estimate of cost for copying and production of the requested public records that are not withheld or that have been redacted, excised, or deleted in order to remove the portion of the record in which an exemption, prohibition, or exception applies.

(5) Deny the request, in whole or in part, on the grounds that the public officer is not the custodian of the Page 3 SB196 INTRODUCED requested public record and, if known to the public officer, identify the custodian to the requester.

(b)(6) IfDeny the publicrequest, officerin reasonablywhole believes the amount of time and resources needed to comply with the request within the time required by this section will prevent the public officer or hisin orpart, heron staff from meeting their operational responsibilities, the publicgrounds officerthat, shall provide the requester the opportunity to limit the scopebest of the requestpublic soofficer's thatknowledge, itthe canrequested berecord processeddoes innot anexist agreedwithin upon time between the publicgovernmental officeragency. and the requester.

95(b) (c) If the public officer andreasonably believes the requesteramount agreeof time and resources needed to thecomply copyingwith andthe productionrequest ofwithin the requestedtime publicrequired recordby basedthis onsection will prevent the estimatepublic ofofficer costor providedhis inor subdivisionher (a)(2)staff orfrom subdivisionmeeting (a)(4),their Page 4 SB196 Engrossed operational responsibilities, the public officer shall provide to the requester anthe estimateopportunity to limit the scope of the additionalrequest timeso neededthat toit producecan thebe copyprocessed underin thean agreed upon conditions.time between the public officer and the requester.

The(c) additionalIf timethe shallpublic notofficer exceedand 45the businessrequester daysagree afterto the datecopying and production of the agreementrequested withpublic record based on the requester.estimate of cost provided in subdivision (a)(2) or subdivision (a)(4), the public officer shall provide to the requester an estimate of the additional time needed to produce the copy under the agreed upon conditions.

The additional time shall not exceed 45 business days after the date of the agreement with the requester, plus an additional 15 business days permitted in order to make a determination whether the requested record is sensitive or is otherwise nonpublic information under applicable law.

Page 4 SB196 INTRODUCED (f) FailureA by a public officer toshall respondnot inbe accordancerequired with this section to create a requestnew shallpublic berecord deemedif a denial of the requestrecord andrequested shalldoes constitutenot aalready violationexist. of this section.

Page 5 SB196 Engrossed (g) Failure by a public officer to respond in accordance with this section to a request shall be deemed a denial of the request and shall constitute a violation of this section.

The disclosure of nonpublic or sensitive information constitutes a violation of this section if the public officer has made no effort to narrow the scope of the request or otherwise provide for proper disclosure under subsection (b).

(h) This article is not intended to and does not affect any protections for sensitive or other nonpublic information provided under applicable law.

This act shall become effective on theOctober first1, day2023, of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Page 56 SB196 Engrossed Senate Read for the first time and referred ................11-Apr-23 to the Senate committee on County and Municipal Government Read for the second time and placed ................13-Apr-23 on the calendar:

0 amendments Read for the third time and passed ................11-May-23 as amended Yeas 33 Nays 0 Abstains 0 Patrick Harris, Secretary.

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