Introduced
by
To cap at 10-cents per copy the charge imposed by a government entity for documents provided under a state Freedom of Information Act request, and require that they permit and not charge a fee for a FOIA requestor’s making copies with his or her own equipment during an on-site records inspection authorized by this law. Also, to reduce the amount charged by a government entity for FOIA-related administrative and copying costs by 20 percent for each day its response exceeds the five-day statutory deadline (plus allowable extensions), and increase the punitive awards to a person who successfully challenges an improper FOIA denial from $500 to $5,000, plus actual or compensatory damages.
Referred to the Committee on Oversight, Reform, and Ethics
Reported without amendment
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that revises details only.
The substitute failed by voice vote
Substitute offered
by
To replace the previous version of the bill with one that greatly expands the scope.
The substitute passed by voice vote
Amendment offered
by
To exempt local governments that do not have the technological capability from a provision related to meeting records requests by email or electronic media.
The amendment passed by voice vote
Amendment offered
by
To waive the fee for filing records requests made by an elected official.
The amendment failed by voice vote
Amendment offered
by
To set the effective date of the bill as Jan. 1, 2015.
The amendment passed by voice vote
Passed in the House 102 to 8 (details)
To establish statewide standards for the costs a government body may charge to fulfill a Freedom of Information Act open records request. Among other things the bill would prohibit charging more than the wages (not including benefits) of the lowest paid employee capable of meeting the request (or of deleting information exempt from disclosure), whether or not that person does the actual work. If the exempt information deletion work were done by a contract employee, the charge for the person’s time could not be greater than six times the state minimum wage. “Overhead” or overtime costs could not be included in the charges.<BR>The charge for standard size copies could not exceed 10 cents per page, periodically adjusted for inflation, and the amount charged for the person making the copies (paper or electronic) could not exceed three times the state minimum wage. A government body could choose to provide bulky information in electronic format (on CD), and if the requested information is on its website could just reference this in its reply. FOIA requestors would have to be given an itemized list of the costs, and a government body's procedures, guidelines and fees would have to be posted on its website (if it has one). The penalty for wrongfully denying a request would increase from $500 to $2,000 (and up to $7,500 if this is “willful and intentional”), and $1,000 for charging excessive fees (as determined by a judicial appeal process the bill would authorize)..
Referred to the Committee on Government Operations
Substitute offered
To adopt a version with less stringent for government entities that improperly deny information than those in the House-passed bill.
The substitute passed by voice vote
Passed in the Senate 30 to 8 (details)
To limit the costs a government body may charge to fulfill a Freedom of Information Act open records request. Among other things the bill would prohibit charging more than the wages of the lowest paid employee capable of meeting the request (or of deleting information exempt from disclosure), whether or not that person does the actual work. “Overhead” or overtime costs could not be included. A government body could choose to provide bulky information in electronic format (on CD), and if the requested information is on its website could just reference this in its reply. FOIA requestors would have to be given an itemized list of the costs, and a government body's procedures, guidelines and fees would have to be posted on its website (if it has one). Tardy responses would be subject to a discount of up to 50 percent. The penalty and damages for wrongfully denying a request would increase from $500 to $1,000 (with fines of up to $7,500 if this is “willful and intentional”). More rigorous sanctions previously adopted by the House were stripped out in this final Senate-passed version.
Passed in the House 101 to 9 (details)
To limit the costs a government body may charge to fulfill a Freedom of Information Act open records request. Among other things the bill would prohibit charging more than the wages of the lowest paid employee capable of meeting the request (or of deleting information exempt from disclosure), whether or not that person does the actual work. “Overhead” or overtime costs could not be included. A government body could choose to provide bulky information in electronic format (on CD), and if the requested information is on its website could just reference this in its reply. FOIA requestors would have to be given an itemized list of the costs, and a government body's procedures, guidelines and fees would have to be posted on its website (if it has one). Tardy responses would be subject to a discount of up to 50 percent. The penalty and damages for wrongfully denying a request would increase from $500 to $1,000 (with fines of up to $7,500 if this is “willful and intentional”). However, more rigorous sanctions previously adopted by the House were stripped out in the final Senate-passed bill.
