Signed by Governor Matt Mead

Vote Smart's Synopsis:

Vote to adopt a conference report that amends public records laws, effective July 1, 2012.

Highlights:

• Defines “public records” as any physical or electronic written “information” that was created or obtained by a state entity in the course of public business and that is not classified as confidential  by law (Sec. 1).

• Defines “information” as any opinion, fact, or data in any physical form including written,  aural, visual, or electronic communications (Sec. 1).

• Requires public records to be available for inspection by an applicant during the business hours of the applicable state entity, whereas existing law requires public records to be available only at “reasonable times” (Sec. 1).

• Requires available public records to be released to an applicant immediately, unless the release impedes the entity’s ability to carry out its duties (Sec. 1).

• Requires state entities to notify an applicant for public records within 7 days of the request that the public records are unavailable unless “good cause” prohibits a response within 7 days, whereas existing law does not specify a time period in which a notification must be sent to an applicant (Sec. 1).

• Authorizes an applicant who is not satisfied that “good cause” exists to petition the district court to determine if the state entity did have “good cause” to deny the applicant's request (Sec. 1).

• Prohibits the disclosure of any information concerning agricultural or conservation practices provided by an “agricultural producer” for participation in a state program unless the information is aggregated or transformed into statistical data that does not include information that identifies an  individual (Sec. 1).

• Exempts the disclosure of agricultural information from the provisions of this act when responding to a disease or pest threat or with the consent of the “agricultural producer” or owner of the agricultural land (Sec. 1).

• Defines “agricultural producer” as a producer of livestock, crops or dairy products (Sec. 1).

• Prohibits the disclosure of any income tax return information, unless the information has been aggregated or redacted so that the persons or entities involved cannot be identified individually (Sec. 1).

• Prohibits the disclosure of any individual record of a worker's compensation claim, unless it is released in a contested case hearing or the information has been aggregated or redacted so that the persons or entities involved cannot be identified individually (Sec. 1).

• Requires any violation of the provisions of this act to be assessed a fine of no more than $750, whereas existing law specifies that any violation was a misdemeanor offense and included a fine of no more than $750 (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that amends public records laws, effective July 1, 2012.

Highlights:

• Defines “public records” as any physical or electronic written “information” that was created or obtained by a state entity in the course of public business and that is not classified as confidential  by law (Sec. 1).

• Defines “information” as any opinion, fact, or data in any physical form including written,  aural, visual, or electronic communications (Sec. 1).

• Requires public records to be available for inspection by an applicant during the business hours of the applicable state entity, whereas existing law requires public records to be available only at “reasonable times” (Sec. 1).

• Requires available public records to be released to an applicant immediately, unless the release impedes the entity’s ability to carry out its duties (Sec. 1).

• Requires state entities to notify an applicant for public records within 7 days of the request that the public records are unavailable unless “good cause” prohibits a response within 7 days, whereas existing law does not specify a time period in which a notification must be sent to an applicant (Sec. 1).

• Authorizes an applicant who is not satisfied that “good cause” exists to petition the district court to determine if the state entity did have “good cause” to deny the applicant's request (Sec. 1).

• Prohibits the disclosure of any information concerning agricultural or conservation practices provided by an “agricultural producer” for participation in a state program unless the information is aggregated or transformed into statistical data that does not include information that identifies an  individual (Sec. 1).

• Exempts the disclosure of agricultural information from the provisions of this act when responding to a disease or pest threat or with the consent of the “agricultural producer” or owner of the agricultural land (Sec. 1).

• Defines “agricultural producer” as a producer of livestock, crops or dairy products (Sec. 1).

• Prohibits the disclosure of any income tax return information, unless the information has been aggregated or redacted so that the persons or entities involved cannot be identified individually (Sec. 1).

• Prohibits the disclosure of any individual record of a worker's compensation claim, unless it is released in a contested case hearing or the information has been aggregated or redacted so that the persons or entities involved cannot be identified individually (Sec. 1).

• Requires any violation of the provisions of this act to be assessed a fine of no more than $750, whereas existing law specifies that any violation was a misdemeanor offense and included a fine of no more than $750 (Sec. 1).

Full Bill Text