SB 469

Currently an individual may request a copy of a public record from a state

agency or local unit of government and, upon the payment of a fee for the cost of

producing a copy of the public record, receive a copy of that record. In many cases

there is no fee or a small fee for receiving a copy of a public record.

The bill requires any document used by a business or individual to make a

solicitation of a fee to provide a copy of a public record to state, in at least 24-point

type, that the solicitation is not from a governmental agency, that no action is legally

required by the person being solicited, the contact information for the governmental

office that has custody of the public record and fee for, or cost of, obtaining the public

record from that office, and the solicitor's name.

The bill specifies that the solicitation document may not be in a form that makes

it appear to be from a governmental agency or to impose a legal duty upon the

solicited person. The bill prohibits the solicitor from charging more than four times

the amount charged by the governmental office that has custody of the public record.

The bill also requires a solicitor to furnish the register of deeds of each county

where a solicitation is to be made for a copy of a deed with a copy of the solicitation

document at least 15 days before the solicitation is distributed. In addition, the bill

gives DATCP authority or, at the request of DATCP, the department of justice or a

district attorney authority to bring an action against any person who violates the

provisions of this bill, allows the court to order refunds of moneys paid to a violator,

and creates a forfeiture of up to $100 for each solicitation document distributed in

violation of the bill's provisions.

The bill does not apply to a title insurance company authorized to do business

in this state.