Delaware 149th General Assembly (2017-2018) Status: In Committee 2 D cosponsors

HB 75 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.

Last action — Tabled in Committee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act requires that all public bodies that are subject to the requirements of the Freedom of Information Act ("FOIA") respond to requests for information from persons who are not residents of Delaware. In doing so, this Act does not change the purpose of FOIA, which is to further the accountability of State government to the citizens of this State, who, as taxpayers, are funding the work of the public bodies. As such, this Act allows state agencies and public bodies to create higher fees for responses to FOIA requests from persons who are not residents of Delaware. This Act also allows persons who are not residents of Delaware to challenge the validity of an action by a public body and extends the deadline by which to do so. It clarifies that a public body can go into executive session to discuss any individual's qualifications to hold a job or pursue training, not just to discuss the qualifications of a resident of Delaware.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Freedom of Information Act in Delaware to revise certain provisions regarding public record access and penalties for violations.

  • § 10003 (a)

    citizen → citizen person

    The term 'citizen' is modified to 'citizen person' for clarity.

  • § 10003 (m)(1)

    20 pages of standard-sized, black and white copies material shall be provided free of charge. → 20 pages of standard-sized, black and white copies shall be provided free of charge.

    Clarifies the language of the first 20 pages provided free of charge.

  • § 10004 (b)(1)

    individual citizen's qualifications → individual citizen's individual’s qualifications

    Updates the terminology to include 'individual' in the context of citizen qualifications.

  • § 10004 (i)

    citizen → citizen person

    Modifies 'citizen' to 'citizen person' regarding enforcement actions.

  • § 10005 (a)

    60 days → 60 90 days

    Extends the time period to challenge the validity of a public body's action from 60 to 90 days.

  • § 10005 (b)

    60 days → 60 days of such denial

    Clarifies the time frame for a citizen to bring suit if denied access to public records remains at 60 days.

  • § 10005 (a)

    6 months → 6 months 2 years

    Extends the maximum time limit to challenge an action from 6 months to 2 years.

  • § 10005 (c)

    custodian of records → custodian of records to justify the denial of access to records, and shall be on the public body to justify a decision to meet in executive session or any failure to comply with this chapter.

    Clarifies the burden of proof in cases of record access denial.

  • § 10005 (e)

    citizen → citizen person

    Replaces 'citizen' with 'citizen person' to ensure consistency in language throughout the statute.

Action History

  1. Tabled in Committee

  2. Amendment HA 2 to HB 75 - Introduced and Placed With Bill

  3. Amendment HA 1 to HB 75 - Introduced and Placed With Bill

  4. Introduced and Assigned to House Administration Committee in House

Sponsors

Sponsorship breakdown

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5 sponsors · 2 co-sponsors · 55 not signed on

Sponsors (5)

Co-sponsors (2)

Not signed on (55)

55 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

civil-rights elections
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Frequently asked questions

What does HB 75 do?
This Act requires that all public bodies that are subject to the requirements of the Freedom of Information Act ("FOIA") respond to requests for information from persons who are not residents of Delaware. In doing so, this Act does not change the purpose of FOIA, which is to further the accountability of State government to the citizens of this State, who, as taxpayers, are funding the work of the public bodies. As such, this Act allows state agencies and public bodies to create higher fees for responses to FOIA requests from persons who are not residents of Delaware. This Act also allows persons who are not residents of Delaware to challenge the validity of an action by a public body and extends the deadline by which to do so. It clarifies that a public body can go into executive session to discuss any individual's qualifications to hold a job or pursue training, not just to discuss the qualifications of a resident of Delaware.
Who sponsors HB 75?
HB 75 is sponsored by David P. Sokola (Democratic), Trey Paradee (Democratic), Michael Ramone, Deborah Hudson, Charles Potter Jr., Colin Bonini, and Paul S. Baumbach.
What is the current status of HB 75?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 75?
Track HB 75 free on One Click Politics — get push/email alerts when it moves.

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