HB 2326

Abstract

Amends the Freedom of Information Act. Requires a person who requests to inspect or copy public records for a commercial purpose to provide a statement setting forth the commercial purpose. Provides that, within 21 days after being furnished such a statement, the public body must notify the requester of the estimated time required to provide the records requested and the estimated fees to be charged. Authorizes public bodies to charge a fee for the cost of materials, equipment, and personnel used to copy or produce a record in response to a request made for a commercial purpose. Also authorizes a public body to require a person making such a request to pay all charges before the requested documents are copied. Authorizes the collection of damages if a person (i) knowingly obtains a public record for a commercial purpose without indicating the commercial purpose; (ii) knowingly obtains a public record for a noncommercial purpose and knowingly uses or knowingly allows the use of the public record for a commercial purpose; or (iii) knowingly obtains a public record from anyone other than the public body and uses it for a commercial purpose. Provides that when a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in an electronic format. Specifies that if it is not feasible to furnish the records in an electronic format, then the public body shall furnish it in a paper format. Authorizes a public body to make its records available through a publicly accessible electronic means and to respond to a request by notifying the requester that the record is available through publicly accessible electronic means. Authorizes a fee to be charged for the first 50 pages of copies requested by a requester and for paper used to create an electronic record. Effective immediately.