SB57 Alabama 2020 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2020

Title

Public records, to create a new Open Records Act, Secs. 36-12-40, 36-12-41 am'd.

Summary

SB 57 would replace Alabama's Open Records Act with a comprehensive Alabama Public Records Act that guarantees public access to records, lists exemptions, and creates a Public Access Counselor to enforce the law.

What This Bill Does

If enacted, it would replace the old open records framework with a new act that gives anyone the right to inspect and copy public records, requires government bodies to designate a records custodian, and outlines how requests are to be handled, including timelines and fees. It adds a broad set of exemptions for privacy, security, and other narrowly defined information, while preserving access in most cases. It creates the Public Access Counselor to interpret the act, resolve disputes, and supervise extensions, with administrative and judicial avenues for enforcement and civil penalties for noncompliance. It also sets rules for electronic records, required forms, and the handling of records requests.

Who It Affects

• General public and individuals who request access to public records would gain a formal right to inspect and copy records and would be subject to specified fees and formats.
• Governmental bodies and record custodians would be required to designate custodians, respond to requests within set timeframes, apply exemptions, provide records in appropriate formats, and potentially face penalties or civil actions for noncompliance.

Key Provisions

• Repeals the existing Open Records Act and replaces it with the Alabama Public Records Act, establishing rights of access, exemptions, procedures, and penalties.
• Creates the Public Access Counselor within the Department of Examiners of Public Accounts to issue advisory opinions, handle extensions, and maintain records of administrative appeals.
• Defines key terms (custodian, public record, governmental body, personal privacy information, confidential business information, etc.) and sets clear rules for who is a custodian and how records are kept.
• Requires government bodies to designate a records custodian, respond to requests within 14 calendar days (or request extensions), and provide records or a written denial with specific details.
• Lists exemptions to disclosure (privacy, security plans, law enforcement investigative reports for open/active cases, FERPA, HIPAA, scholastic records, confidential business information, donor records, etc.).
• Specifies charges for public records, including costs not to exceed actual costs, with special rules for non-residents, certified copies, GIS-related costs, and deposits for large requests.
• Allows electronic records to be provided in formats usable by the requester and encourages posting records online; requires formats to be within the agency’s capabilities.
• Provides for administrative appeals to the Public Access Counselor, and a judicial pathway for enforcement with de novo review and potential civil penalties for improper withholding or no response.
• Imposes civil penalties for willful or unjustified failure to provide records, with funding split between the General Fund and the requester, and allows for attorney fees in some cases.
• Immunity for publication of defamatory statements or invasions of privacy contained in records produced in good faith, even if later found not to be public records.
• Repeals and updates references to the Open Records Act in the Code and clarifies effective date and severability.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Public Records