SB165 Alabama 2021 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2021

Title

Public records, Alabama Public Records Act created, method of request for public records and manner of appeal, established, Office of Public Access Counselor, established, Secs. 36-12-40, 36-12-41 repealed

Summary

SB165 would replace Alabama's Open Records Act with a comprehensive Alabama Public Records Act that guarantees public access to records, creates a Public Access Counselor, and adds penalties for noncompliance and false statements.

What This Bill Does

It repeals the current Open Records Act and creates the Alabama Public Records Act, establishing citizens' right to inspect and copy public records, plus defined exemptions and how records can be accessed. It creates a Public Access Counselor within the Department of Examiners of Public Accounts to handle extensions, advisory opinions, administrative appeals, and enforcement, with both administrative and judicial remedies and penalties. It sets procedures for access, including designating custodians, a 14-day response timeline, allowable formats (including electronic), and fees; it also defines numerous terms and exemptions and outlines how records must be handled and redacted. It addresses local funding considerations under Amendment 621, clarifying that the bill can take effect within specified exceptions, and outlines the bill’s effective date and repeal of the old act.

Who It Affects

• Citizens and requestors have broader rights to inspect and copy public records, with rules on how to request records, allowable costs, and potential penalties for making false statements.
• Governmental bodies and custodians must designate record custodians, respond to requests within the set timelines, follow defined procedures, may charge costs for records, and could face civil penalties for noncompliance or criminal penalties for false statements.

Key Provisions

• Repeals Sections 36-12-40 and 36-12-41 and establishes the Alabama Public Records Act with rights of access, exemptions, and procedures for public records.
• Creates the Public Access Counselor within the Alabama Department of Examiners of Public Accounts to handle extensions, advisory opinions, formal findings, and administrative appeals, with enforcement mechanisms and indexed records of appeals.
• Imposes criminal penalties for intentional false statements in records requests or appeals and civil penalties for noncompliance, with immunity provisions for publication of certain record content.
• Defines key terms (custodian, governmental body, public record, etc.) and lists exemptions (privacy, security, law enforcement, scholastic records, donor identities at higher education, confidential business information, etc.).
• Sets fees and charges for viewing, copying, and electronically providing records, including rules for electronic data formats, deposits for large requests, and cost-based charges with limitations on overhead fees.
• Requires custodians to respond within 14 days with options to provide records, allow access, search, or deny with written justification; establishes procedures for redactions and partial releases.
• Addresses local funding implications under Amendment 621, with exceptions allowing some provisions to take effect without a 2/3 local vote, and specifies the act’s effective date (first day of the third month after passage and governor approval).

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