Senate Bill No. 355, also known as File No. 428, proposes amendments to the Freedom of Information Act (FOIA) with an effective date of October 1, 2024. The bill redefines several terms, including "public agency," "meeting," "caucus," "person," "public records or files," "executive sessions," "personnel search committee," "pending claim," "pending litigation," and the FOIA itself. It expands the definition of "public agency" to encompass various committees and judicial offices in their administrative functions, clarifies what constitutes a "meeting," and specifies the purposes for executive sessions. The bill also revises the definitions of "governmental function," "electronic equipment," and "electronic transmission," and mandates that contracts over $2.5 million for performing a governmental function must allow public agency access to related records and files, subject to FOIA. It removes limitations on the public's right to inspect or copy nonexempt public records and updates training requirements for public agency members on FOIA.

Furthermore, SB355 File No. 428 changes the requirements for notice of special meetings by public agencies, allowing for electronic transmission or mail delivery of notices and waiving the delivery of notices. It repeals and substitutes language in sections related to state contracts for information system or telecommunication system facilities, equipment, or services, and prohibits awarding contracts to entities with a history of terminated contracts due to non-performance or breach of obligations within the past five years. The bill also amends the procedure for public agencies to notify the Commissioner of Administrative Services when a FOIA disclosure request is received. It clarifies the application of FOIA to non-public entities performing governmental functions, aligns FOIA's exemption for education records with FERPA terminology, and makes technical and conforming changes. The bill has no fiscal impact on the state or municipalities and has received a joint favorable vote from the Government Administration and Elections Committee.

Statutes affected:
Raised Bill: 1-200, 1-218
GAE Joint Favorable: 1-200, 1-218
File No. 428: 1-200, 1-218