AG 1993 03 15 - Laserfiche WebLink

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SECTION D. PROPOSED LEGISLATION OF CONCERN (Continued) 5. H121 AMEND PUBLIC RECORDS LAW Manager Recommendation: Oppose; could result in dedicating several employees to producing records for commercial interests with no cost recovery except cost of copies. H121 ~To amend the Public Records Law.~ Rep. George Miller (Durham). This bill, referred to the House Judiciary Committee #1, would add a number of provisions to the state's public records law. People requesting access to records could not be required to disclose their motives. No request could be denied on the basis that a public record is commingled with non public records; and if separation was necessary, the agency would have to bear the cost. An agency maintaining documents in electronic form would have to maintain a register describing all databases containing public documents by listing all data fields, describing the record layout, indicating frequency of database update, listing all field to which public access is restricted, and describing each form in which a database could be copied using the agency's existing computer programs. No agency could acquire an electronic data processing system without first determining that the system would not impede public access. Persons requesting records could elect to receive copies in any form which agency is capable of proxqding. Persons could request certified or uncertified copies, and the cost for uncerfified copies could not exceed the actual cost of producing the copy, not including overhead expenses such as salaries. Record custodians would have to respond "promptly" to requests for copies and denials of requests would have to be accompanied by an explanation. In action to compel disclosure, a court could order attorneys' fees if the court found the agency wrongfully denied access without justification and found no special circumstances that would make an award of fees unjust. A court could order that attorneys' fees assessed be paid personally by any agency employee or public official who intentionally violates disclosure laws.