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House Bill 1175

House Bill 1175

ARCHIVE (2013)

Latest Information

DIGEST OF HB 1175 (Updated April 4, 2013 2:10 pm - DI 84)

Public records. Allows a state or local government public agency to charge a fee for any records search in excess of two hours. Provides that a public agency may not charge a search time fee if another fee is charged that covers the public records request. Provides that the search fee must be an hourly fee that does not exceed the lesser of: (1) the hourly rate of the person making the search; or (2) $20 per hour. Provides that the public agency may charge only for time that the person making the search actually spends in searching for the record, and may not charge for computer run time. Requires the fee to be prorated to reflect any search time of less than an hour. Prohibits a public agency from establishing a minimum fee for searching for a record. Requires a public agency to make a good faith effort to complete a search for a record within a reasonable time in order to minimize the amount of the search fee. Prohibits a public agency from charging a fee for a public record transmitted by electronic mail except for: (1) a fee charged for reprogramming a computer system if the reprogramming is required to separate disclosable information from nondisclosable information; (2) a certification or search fee set by statute or ordered by a court; or (3) a fee charged for providing an electronic map. Prohibits a public agency from charging for a copy of a public record that is made with a cellular telephone by a noncommercial entity for a noncommercial purpose if the public record contains the noncommercial entity's name. Provides that if a public record is in an electronic format, a public agency (excluding the office of the county recorder) shall provide an electronic copy or a paper copy, at the option of the person making the request for a public record. Provides that the county recorder shall reject for filing or recording any document containing blood or other bodily fluids.
Current Status:
Defeated - 2nd House
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