Substitute Senate Bill No. 436 aims to amend the Freedom of Information Act (FOIA) to expand the protection of residential addresses of certain public agency employees from disclosure. The bill, effective from October 1, 2024, would include any public agency employee, unless residency is a condition of their employment, to the list of individuals whose home addresses cannot be disclosed from personnel, medical, or similar files. The bill clarifies that business addresses are not protected under this provision and outlines the process for employees to request nondisclosure of their residential address. It also specifies conditions under which public agencies must redact residential addresses before disclosing records and establishes that willful and knowing violations of these provisions may result in penalties, with complaints to be addressed by the Freedom of Information Commission. The bill includes a fiscal note indicating no financial impact on the state or municipalities.

The bill further details the obligations of public agencies when responding to FOIA requests that involve records not classified as personnel, medical, or similar files. If such a record names a "covered employee" who has requested address confidentiality, the agency must redact the home address before disclosure. This applies to individual records and lists derived from electronic databases or created in response to a disclosure request. The bill does not restrict the disclosure of home addresses in certain public documents, such as municipal land records, state election-related lists, or municipal grand lists. It defines "public agency" broadly and lists the types of employees currently protected. The bill also references related bills proposing additional FOIA exemptions. The Government Administration and Elections Committee has given the bill a Joint Favorable report with a vote of 13 to 6 on March 26, 2024.

Statutes affected:
Raised Bill: 1-217
GAE Joint Favorable: 1-217
File No. 471: 1-217