SB1682112th GA (Historical)Introduced

Amends TCA Title 10, Chapter 7, Part 5.

This bill revises various provisions governing public records, as follows: (1) Under present law, the custodian of a public record or the custodian's designee must promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian must, among other things, deny the request in writing or by completing a records request response form developed by the office of open records counsel. Present law requires that the response include the basis for the denial. This bill adds that if the denial is based on state law, then the denial must also include a citation to the state law prohibiting disclosure. (2) Present law provides that governmental entities are not required to sort through files to compile information or to create or recreate a record that does not exist. This bill specifies that a governmental entity is not required to compile information "into a new record," and adds that a records custodian must allow a person making a request to inspect non-exempt records and receive copies of non-exempt records that contain the information sought. (3) Present law authorizes a governmental entity to require a person who is making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person’s address. Under present law, if a person does not possess photo identification, the governmental entity may require other forms of identification acceptable to the governmental entity; this bill revises this provision to instead provide that the governmental entity may require other forms of identification that "evidence the person’s residency in this state." ON FEBRUARY 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1682, AS AMENDED. AMENDMENT #1 deletes the provision of this bill described in (2) of the Bill Summary that specifies a records custodian must allow a person making a request to inspect non-exempt records and receive copies of non-exempt records that contain the information sought. A separate provision of the open records law presently requires a records custodian to promptly make available for inspection any public record not specifically exempt from disclosure. This amendment also rewrites the changes described in (1) of the Bill Summary so that the only change from present law will be to specify that the records custodian must make "public records" rather than "information" available to a requestor.

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Overview

This bill revises various provisions governing public records, as follows: (1) Under present law, the custodian of a public record or the custodian's designee must promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian must, among other things, deny the request in writing or by completing a records request response form developed by the office of open records counsel. Present law requires that the response include the basis for the denial. This bill adds that if the denial is based on state law, then the denial must also include a citation to the state law prohibiting disclosure. (2) Present law provides that governmental entities are not required to sort through files to compile information or to create or recreate a record that does not exist. This bill specifies that a governmental entity is not required to compile information "into a new record," and adds that a records custodian must allow a person making a request to inspect non-exempt records and receive copies of non-exempt records that contain the information sought. (3) Present law authorizes a governmental entity to require a person who is making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person’s address. Under present law, if a person does not possess photo identification, the governmental entity may require other forms of identification acceptable to the governmental entity; this bill revises this provision to instead provide that the governmental entity may require other forms of identification that "evidence the person’s residency in this state." ON FEBRUARY 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1682, AS AMENDED. AMENDMENT #1 deletes the provision of this bill described in (2) of the Bill Summary that specifies a records custodian must allow a person making a request to inspect non-exempt records and receive copies of non-exempt records that contain the information sought. A separate provision of the open records law presently requires a records custodian to promptly make available for inspection any public record not specifically exempt from disclosure. This amendment also rewrites the changes described in (1) of the Bill Summary so that the only change from present law will be to specify that the records custodian must make "public records" rather than "information" available to a requestor.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 11, 2022

Subjects
38954510

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SB1682: Amends TCA Title 10, Chapter 7, Part 5. | LegisGo