HB761 Alabama 2012 Session

Summary

Primary Sponsor

Dexter Grimsley

Democrat

Session

Regular Session 2012

Title

Open Records Act, government official response to a citizen's request regarding a public record or records, time limit

Summary

HB761 sets deadlines for Alabama government officials to respond to Open Records requests and creates enforcement and cost rules if records are not provided.

What This Bill Does

It requires officials to determine within 10 business days whether requested records are accessible, and to notify the requester within 15 days after that determination whether the records are available for inspection and copying. If records are not provided within 30 business days, the requester may file a court action in Montgomery County to obtain them. If a court finds that a party acted without substantial justification, the court may order the responsible party to pay reasonable attorney’s fees and costs; officials acting in good faith are protected from liability.

Who It Affects

• Requesters (citizens, firms, or other entities) who request public records: they gain defined timeframes for responses and potential access to incurred legal fee recovery if officials delay or refuse records.
• Government officials and agencies handling public records: they must meet the deadlines, may face court action and fee-shifting if they fail without substantial justification, and have protection when acting in good faith.

Key Provisions

• Section 1(a): Government official must determine within 10 business days whether records are subject to access; within 15 days after that determination, notify the requester whether records are available for inspection and copying.
• Section 1(b): If the requested records are not provided within 30 business days, the requester may file an action in the Circuit Court of Montgomery County to seek an order to provide the records.
• Section 1(c): If the court finds lack of substantial justification by either party, the court shall award reasonable attorney's fees and costs to the complaining party, unless special circumstances exist.
• Section 1(d): Officials who provide access in good faith reliance on the act are not liable for providing access.
• Section 2: The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Records