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HSB 76

A bill for an act relating to public records requests.

2025-2026 Regular Session

Allows remote access to public records; requests can be fulfilled without in-person visits, with clear cost rules and prompt acknowledgment.

Committee report approving bill, renumbered as HF 400.
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Bill Summary · HSB 76

Summary of HB SSB 76 (Renumbered HF 400) — Public Records Requests

Overview

HB SSB 76, introduced January 23, 2025, relates to the handling of public records requests and operations by public custodians. The bill, which progressed through subcommittee and committee stages and was renumbered as HF 400, aims to streamline access to public records by permitting remote review and copy production, clarifying cost rules, and expanding custodial authority to set reasonable procedures.

Purpose and Intent

  • Modernize and simplify the process for examining and copying public records.
  • Reduce unnecessary barriers by allowing requests to be fulfilled without requiring the requester to be physically present.
  • Clarify cost rules to ensure transparency and predictability for requesters.
  • Provide custodians with authority to adopt reasonable rules to protect records from damage or disorganization.

Key Provisions

Access, Supervision, and Delivery

  • Examination and copying must occur under the supervision of the lawful custodian or the custodian’s authorized designee.
  • The custodian shall not require the physical presence of the requester; requests may be fulfilled if received in writing, by telephone, or by electronic means.
  • Custodians must provide access and copying at a suitable place; if impracticable to examine/copy at the custodian’s office, the requester must cover necessary expenses to provide an examination/copying place.

Cost and Pricing

  • The custodian should make every reasonable effort to provide a requested public record at no cost other than copying costs for records that take less than thirty minutes to produce.
  • If expenses are necessary, they must be reasonable and communicated to the requester upon receipt of the request, consistent with section 22.4(3).
  • A requester may challenge the reasonableness of the custodian’s expenses as provided by the governing open records provisions.

Rules and Protections

  • The lawful 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/copying; if providing such a place offsite is required, the requester bears the related expenses.

New Procedural Requirement (Section 22.4(3))

  • Upon receipt of a request for a copy, the custodian or designee must promptly acknowledge the request and provide contact information for the custodian’s authorized designee.

Who Is Affected

  • Public custodians and their authorized designees (e.g., clerks, records officers) responsible for public records.
  • Members of the public and organizations submitting records requests.
  • Agencies or offices that must implement and enforce custodial rules, access procedures, and cost disclosures.

Timeline and Procedural Milestones

  • Introduced: January 23, 2025; referred to State Government.
  • Subcommittee: January 29–30, 2025; recommended passage.
  • Subcommittee meeting: January 30, 2025.
  • Committee action: February 12–13, 2025; committee report recommending passage; approved and renumbered as HF 400 on February 13, 2025.
  • Status: Committee report approving bill; renumbered as HF 400.

Practical Impact

  • Streamlined, remote-access public records requests; reduced need for in-person visits.
  • Clear cost framework, with a potential free production for small (under 30 minutes) requests and defined costs for larger requests.
  • Enhanced transparency through prompt acknowledgment and clear contact information for custodial designees.

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

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