SB237 Alabama 2019 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2019

Title

Open Records Act, est., process for access to public records, provided for, fees, Office of Public Access Counselor in Dept. of Examiners of Public Accounts, est., appointment, duties, appeals process and admin, and judicial remedies, provided for, civil penalties, Sec. 36-12-40 repealed

Summary

SB 237 would create the Alabama Open Records Act to guarantee public access to government records, outline how to request them, set copy fees, establish a Public Access Counselor, and provide remedies and penalties for noncompliance.

What This Bill Does

It would establish the Alabama Open Records Act and define how the public can access public records. It would set procedures for making requests, how records must be provided, and how fees are charged for copies, including rules for electronic and GIS data. It would create the Office of the Public Access Counselor in the Department of Examiners of Public Accounts to handle investigations, issue advisory opinions, and oversee appeals. It would establish an appeals process and civil penalties for noncompliance, and repeal Section 36-12-40.

Who It Affects

• Public requestors or members of the public (and private businesses) seeking access to records would gain a defined right to inspect and copy public records, with timelines, fee rules, and an appeal path.
• Governmental bodies, custodians, and public agencies must designate custodians, respond to requests, publish procedures, handle fees and electronic records, and may face penalties and court actions for noncompliance.

Key Provisions

• Establishes the Alabama Open Records Act with defined terms such as COUNSELOR, CUSTODIAN, PUBLIC RECORD, REQUESTOR, and GOVERNMENTAL BODY.
• Creates the Office of Public Access Counselor in the Department of Examiners of Public Accounts, with appointment, duties, and authority to issue advisory opinions and formal findings.
• Sets procedures for making requests, response timelines (generally five working days), and requirements for denial or partial redaction with justification.
• Implements cost rules for copies and other records, including prima facie reasonable per-page fees, rules for electronic records, GIS data charges, and deposits for large or high-cost requests.
• Requires governmental bodies to publish procedures, designate custodians, and provide sample request and response forms; encourages online posting and easy public access.
• Creates a comprehensive appeals process: administrative appeals to the Public Access Counselor, binding rulings unless appealed, and the option to pursue circuit court with de novo review.
• Imposes civil penalties on custodians for noncompliance, with a stated schedule and funds directed to the General Fund to support the Public Access Counselor; allows attorney-fee provisions for prevailing parties in certain cases.
• Repeals Section 36-12-40 and makes this act the governing public records law.

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

Subjects

Open Records