SCS/SB 930 -This act modifies provisions regarding the Sunshine Law and access to public records. Currently, the definition of "public record" provides that personally identifiable student records maintained by a public educational institution may be viewed by parent or guardian of the student, or the student if over the age of 18. This act modifies this provision to apply to all public governmental bodies rather than just public educational institutions.
The act authorizes a public governmental body to close records and meetings relating to security measures, GPS data, and investigative and surveillance techniques of any law enforcement or public safety agency which, if disclosed, has the potential to endanger individual or public safety or health. Further, the act provides that certain operational guidelines and policies may be closed to prevent any suspected criminal activity, rather than any critical incident which appears to be terrorist in nature.
A public governmental body is authorized to close records and meetings related to evacuation and lockdown procedures on property owned or leased by the body. Information submitted by software or surveillance companies that secure access to buildings of the body may also be closed.
A public governmental body is authorized to close records that are related to email addresses and telephone numbers submitted to a public governmental body by individuals or entities for the sole purpose of receiving electronic or other communications.
The public body may also close records of utility usage and bill records for customers of public utilities unless the customer requests them or authorizes their release.
This act authorizes the closure of public records that are retained by the office of a member of the General Assembly that are related to a constituent of the member. Medical and mental health records of a constituent may be closed in their entirety and other such records shall be redacted to remove individually identifiable information of the constituent. The act defines the term "constituent" to include any person who is a resident of, pays property taxes within, or owns a business entity within, the legislative district of the member, but shall not include a lobbyist or lobbyist principal, a statewide elected official, or an elected official of a political subdivision.
Further, any record may be closed that is retained in the office of a member of the General Assembly, or employees of the General Assembly, that contain information regarding proposed legislation or the legislative process. These authorizations to close records shall not apply if the record has been offered in a public meeting of either house of the General Assembly or, for legislative records, to any record addressed to, or from, a lobbyist or lobbyist principal.
Finally, except as provided in the act, a request for public records to a public governmental body shall be considered withdrawn if the requester fails to remit all fees within thirty days of a request for payment of the fees by the public governmental body. If the same or a substantially similar request for records is made within six months of the expiration of the thirty day period and no fee was remitted for the original request, then the public body can request payment of fees made for the original request.
Provisions of this act are identical to provisions of SCS/HCS/HB 362 (2021) and SCS/SB 613 (2020).
JIM ERTLE