SB165 Alabama 2021 Session

Summary

Primary Sponsor

Arthur Orr Senator

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records and manner of appeal, established, Office of Public Access Counselor, established, Secs. 36-12-40, 36-12-41 repealed

Description

This bill would repeal existing law providing access to public records and replace it with a new Alabama Public Records Act with provisions establishing the rights of citizens to access public records, enumerating exceptions to disclosure, establishing procedures for making and responding to requests for access, setting the charges associated with responding to requests, establishing a Public Access Counselor within the Alabama Department of Examiners of Public Accounts, creating administrative and judicial remedies, establishing criminal penalties for intentional false statements made during a request for records or an appeal under this act, and establishing civil penalties for noncompliance.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Public Records