Governor Henry McMaster signs H.3352 FOIA Reform Bill
Channel: Henry McMaster
Date: 31/05/2017

Bill Summary:
The bill amends the code to:


  *   Require public bodies to make a determination within 10 days (exempting Saturdays and Sundays and legal public holidays) of the receipt of a request, whether the information requested will be provided and made public



  *   (If the request is more than 24 months old from the date the request is made, the public body has twenty days from the receipt of the request to make this notification)



  *   Require local or state governments to turn over documents and other records once they are deemed public, within 30 days of the determination (35 days if the record is more than 24 months old at the date the request is made)



  *   Public bodies are not required to create an electronic version of a public record when one does not exist to fulfill a records request

**The bill was amended on the Senate floor during the final days of the 2017 legislative session by Senator Margie Bright-Matthews. Senator Bright-Matthews’ amendment stripped a provision from the bill that would have created an Office of Freedom of Information Act Review within the state’s Administrative Law Court. Senator Bright-Matthews cited the costs to local governments in her district as the overriding factor for the modification. **

Equitable remedies

  *   A citizen may apply to the circuit court for declaratory judgment, injunctive relief, or both to enforce this law, if the application is made no more than one year after the violation or public vote – whichever is later



  *   An initial hearing must be scheduled within ten days of service on all parties



  *   Actions brought under this provision must conclude within six months of initial filing


Sponsors: Reps. W. Newton, Taylor, Norrell, and Erickson
Vote:   Senate: 40-0    House: 89-0