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HF 400

A bill for an act relating to public records requests.

2025-2026 Regular Session

HF 400 modernizes public records access by enabling remote requests, clarifying cost rules, requiring prompt acknowledgment, and allowing custodian rules to protect records.

Referred to State Government.
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Bill Summary · HF 400

Summary of HF 400 (Public Records Requests)

Overview

HF 400 is a bill introduced on February 13, 2025, and referred to the State Government committee. The bill revises provisions governing public records requests, clarifying how records may be examined, copied, and charged for expenses. It emphasizes remote access, reasonable cost rules, and mandated communication and contacts for requests.

Key Provisions

Access, modality, and supervision (amendment to Section 22.3, Subsection 1)

  • Public records examination and copying must occur under the supervision of the lawful custodian or the custodian’s authorized designee.
  • The custodian is not required to compel the physical presence of the requester. Requests for copies can be fulfilled if received in writing, by telephone, or by electronic means.
  • Costing limitations:
    • The custodian should make every reasonable effort to provide the requested public record at no cost other than copying costs for records that take less than 30 minutes to produce.
    • If expenses are necessary, they must be reasonable and communicated to the requester upon receipt of the request (in line with the new §22.4(3)).
  • A requester may contest the reasonableness of the custodian’s expenses.
  • The custodian may adopt and enforce reasonable rules governing examination and copying, and the protection of records against damage or disorganization.
  • The custodian must provide a suitable place for examination and copying; if it is impracticable to examine/copy at the custodian’s office, the requester may be required to pay necessary expenses to provide a place for examination and copying.

Communication and prompt acknowledgement (new Section 22.4, Subsection 3)

  • Upon receipt of a request for a copy of a public record, the lawful custodian or designee must:
    • Promptly acknowledge the request.
    • Provide contact information for the custodian’s authorized designee.

Who/What Is Affected

  • State and local government agencies that hold public records (the lawful custodians) and their designees.
  • Individuals and entities seeking access to public records through written, telephone, or electronic requests.
  • Public bodies’ processes for charging and communicating costs related to public records.

Timeline and Procedural Aspects

  • Introduced: February 13, 2025.
  • Referred to: State Government (as of the introduced date).
  • Legislative actions listed show the bill was referred on April 3, 2025, after introduction.

Potential Impact and Considerations

  • Improves accessibility by allowing non-physical requests (written, phone, electronic) and remote fulfillment.
  • Sets a clear threshold (30 minutes) for when records may be provided at no cost, potentially reducing charges for simple records.
  • Requires prompt acknowledgment and a clear point of contact, which could speed up communication and accountability.
  • Establishes a framework for reasonable expenses; provides a mechanism to contest expenses and require notification of costs upfront.
  • May increase procedural obligations on custodians to provide alternative examination locations if needed and to publish or enforce reasonable rules governing examinations.

Bottom Line

HF 400 modernizes and clarifies public records access by enabling remote requests, controlling costs, mandating prompt acknowledgment, and enabling custodian-driven rules to protect records, while ensuring transparency and avenues to contest charges.

Compiled from official sources — confirm details with the bill’s official record.

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