A number of states are considering legislation to update and amend their public record laws. Here's a look at three that are in the news today:
1. In Delaware, a bill has been introduced that would subject the general assembly to the state's Freedom of Information law. While Congress and the Courts are not subject to the federal FOIA, some states do incorporate their legislative and judicial branches into their public records law. My view is that transparency is good for all branches of government.
2. In Arkansas, the Arkansas Times reports that a bill that would have made the government pay attorneys fees if the requester substantially prevailed in court, failed in a Arkansas House Subcommittee by a vote of 9-8. The Arkansas Times is naming names of those who opposed the bill. In the federal FOIA, attorney fees are available to plaintiff's if they substantially prevail due to an opinion of the court. If the government releases documents on its own, even if the matter is in litigation, plaintiff's generally do not get attorney fees. That, however, may be one proposed change in forthcoming federal FOIA legislation.
3. In Texas, the state legislature is working on a bill amending an earlier bill that the state Attorney General said made it illegal to release anything with someone's social security number on it. The Attorney General statement has virtually shut down all access to records in all county courthouses in Texas.
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