Act No. 59 (H.73). Government operations; public records act

This act makes various amendments to the public records act regarding the inspection and copying of records produced or acquired by a public agency in the course of agency business. The act provides that a public record shall be produced for inspection or shall be certified as exempt within three business days of receipt of a request. If a record is certified as exempt, the public agency shall include the asserted statutory basis for the denial. The act clarifies that an agency in unusual circumstances has 10 business days from receipt of a request for a record to respond. The act also authorizes a public agency to consult with a requesting party regarding the scope of a records request, and, in unusual circumstances, to request that a person seeking a voluminous amount of records narrow the scope of the request. The act clarifies that when a public agency asserts an exemption for part of a document, the agency should redact the exempt information and not withhold the record in its entirety. In addition, the act clarifies that a public agency shall accommodate a request for a public record from a person with a disability by providing alternative access to the record unless such an accommodation would result in a fundamental alteration of agency service, programs, or activities or would result in an undue financial and administrative burden.

The act amends the public records act regarding the assessment of attorney's fees and litigation costs. Under the act, a court shall assess reasonable attorney's fees and other litigation costs against a public agency when the complainant substantially prevails, except if the public agency, within the 20-day period for response to a complaint, concedes the contested record is public and provides it to the complainant. When a public agency concedes a contested record within 20 days of service of a complaint, the court may award reasonable attorney's fees and other litigation costs when the complainant substantially prevails. The act also authorizes a court to assess against a complainant reasonable attorney's fees and other litigation costs when the court finds that the complaint violated court rules.

The act also establishes a legislative study committee to meet over three years to review the requirements of the public records act and the numerous exemptions to the act. Prior to each legislative session, the study committee shall submit to the general assembly recommended amendments to the public records act. In addition, the act requires legislative council to compile all of the exemptions to the public records act as a statutory note to the act.

The act requires the secretary of administration to include additional information in the state records request. The secretary of administration shall report to the general assembly regarding the records request system and whether to implement a document management system for state agencies. The act also requires the secretary of state to survey municipalities regarding whether there is an increased number of requests to inspect records at no cost. In addition, the act requires the court administrator's office to report annually to the general assembly regarding the number and disposition of public records act cases filed in the civil division of the superior court.

Effective Date:  July 1, 2011

Also see: Motor Vehicles; Act No. 46 (S.94). Miscellaneous amendments to the motor vehicle laws

See: Crimes and Criminal Procedures; Act No. 31 (S.2). Crimes and criminal procedures; public safety