SB270 is a bill that amends and adds to the Code of Alabama 1975 to establish updated procedures for requesting and obtaining public records. It changes the terminology from "writing" to "record" and from "citizen" to "resident," ensuring that every resident has the right to inspect and copy public records, with certain exemptions. The bill also exempts the judicial branch and certain constitutional offices from the new requirements. New sections are added to define terms, outline the state policy on public records, and detail the procedures for responding to standard and time-intensive requests, including the use of a standard request form, fee payment, and time frames for responses. It also establishes a rebuttable presumption of denial if a substantive response is not provided within set time limits and addresses the protection of private and confidential information.

The bill specifies the steps public officers must take when responding to time-intensive requests, including notifying requesters of fees and providing responses within specified timeframes. Officers may require payment before searching for records and can extend the response period with written notice. A log of time-intensive requests is to be kept confidential. The bill sets a rebuttable presumption of denial if no substantive response is provided within 180 business days or 270 calendar days, with exceptions for improper requests or ongoing negotiations. Public officers are not required to create new records, respond to non-public records requests, or to requests from nonresidents, but they may do so at their discretion. The bill also allows for tolling of response timelines for clarification purposes. SB270 will become effective on October 1, 2024.

Statutes affected:
Introduced: 36-12-40, 36-12-41
Engrossed: 36-12-40, 36-12-41
Enrolled: 36-12-40, 36-12-41