SB 421

This bill makes various changes to the public records access law. The bill:

1. Defines and specifically covers all special purpose districts under the law.

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.