Access to public records (suggested as remedial legislation by the Legislative Reference Bureau)

Currently, the law specifically enumerates only local exposition and long-term care districts but other language specifically applies the law to cover every state or local "agency" and also every "public body corporate and politic," which likely covers special purpose districts.

2. Modifies the definition of "record," which includes electronically stored records, to substitute general language for current language referencing specific formats and to eliminate references that are obsolete and already covered by other language in the definition.

3. Applies the law to every elective official who is a custodian of records regardless of whether the official was elected to an office or appointed to fill a vacancy in an office.

4. Modifies the law that permits an individual to have access to a record containing certain personally identifiable information that pertains to more than one individual so that an individual only has access under the law to personally identifiable information pertaining to himself or herself.

5. Modifies the term "person authorized by the individual," which is used to allow an individual to act on another's behalf in accessing and petitioning for correction of certain personally identifiable information related to the individual, so that it applies to any person who is authorized in writing to act on behalf of an individual and is not limited to a person exercising rights. The revised language more clearly covers a person exercising a durable power of attorney.

6. Substitutes the term "copying" for "photocopying" to allow for other forms of copying in a provision that addresses photocopying of records, and removes references to "tapes" in provisions that address copying audio and video recordings, in order to recognize other modes of copying audio and video material.

7. Reorganizes and makes other changes to a provision addressing access to the names of final candidates for positions to improve clarity and readability.

The bill also standardizes certain word usage to conform to defined terminology, renumbers a provision to a better location near related provisions, and corrects a title for accuracy.

For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.