Alabama House approves mandatory response times for public records requests

Rep. Cynthia Almond, R-Tuscaloosa, listens to a budget presentation in the Alabama Statehouse on Feb. 6, 2024. (Brian Lyman/Alabama Reflector)

The Alabama House of Representatives Thursday approved a bill that would require state agencies to respond to open records requests within a set period of time.

SB 270 , sponsored by Sen. Arthur Orr, R-Decatur, passed the chamber 101-0. The bill goes back to the Senate for concurrence with House changes or a conference committee.

Alabama law does not require public agencies to respond to or acknowledge public records requests, and the only recourse for denial is litigation. Gov. Kay Ivey last year issued an executive order setting time frames for responses , but that order could be withdrawn by Ivey or a future governor at any time.

“I know it is frustrating for people who make public records requests,” said Rep. Cynthia Almond, R-Tuscaloosa, who carried the bill in the House. “There are places that just never respond, and I know that is frustrating. On the other hand, there are many, many, many frivolous requests that are very time intensive, and you are taking time away from people who are trying to do other jobs. There has got to be some fairness here, and that is the goal of this bill, to put timelines in place.”

The bill sets two categories for requests from the public based on the time and effort that a government employee will need to fulfill the request. A standard request is one that the employee estimates can be completed within eight hours, a standard working day. A time-intensive request is on that will take longer than that.

Under the bill, individuals making records requests must submit a form that includes their name, phone number, email and street address; the agency that is the target of the request, and date of the request, as well as a description of the records sought.

The employee of the agency must then notify the individual of receipt of the request within 10 days of getting it.

The agency must respond to the request within 15 days of acknowledging receipt, though it can extend that deadline . The response could be the record the individual is requesting, or offering a date and time that the request will be fulfilled.

It could also be a statement that the record will be produced after the individual has paid the fee needed to produce the request or outright deny the request along with a reason. Valid reasons include the record not being in the agency’s possession; an incomplete request form or an applicant’s failure to comply with records procedures.

Records custodians may request payment for a records request before handing documents over. The bill also states that people who make a standard records request may assume it has been denied if the agency does not provide a response or produce the records between 30 business days or 60 calendar days.

If the request is a time-intensive request, the agency’s records custodian will notify the person within 15 days that it is a time-intensive request, but also has the option to extend the period to 45 days.

The person making a time-intensive request may assume the request is denied if the agency does not respond to the records request or produce the records within 180 business days or 270 calendar days.

The bill does not address how to appeal a potential denial.

The Legislature has considered bills related to public records before. Orr last year sponsored SB 196 , which passed the Senate but never came to a floor vote in the House.

Senators approved the legislation back in April .

Almond said during Thursday’s debate that “one or two provisions” of the bill conflicted with Ivey’s 2023 order.

“Honestly, I cannot remember what they were,” she said. “But we have gone back, worked with the governor’s office, worked with the League (of Municipalities), worked with the county commissions, worked with the universities, all sorts of people have been at the table, looked at the bill, made whatever little tweaks that need to be made with the bill.”

Rep. Laura Hall, D-Huntsville, said during debate on Thursday that there were flaws in the process. One is the time that agencies are allowed for completing records requests, particular for those categorized as time intensive.

“That is nine months,” Hall said.

Almond, in response, cited what she called frivolous lawsuits made to the University of Alabama football program.

Hall also criticized the lack of limits on fees an agency could charge for producing documents.

“There is no formula that has been provided,” Hall said. “I think that is a loophole in the bill. A reasonable fee, and each agency gets to determine what their fee will be.”

Rep. Tracy Estes, R-Winfield, praised the legislation.

“There is no perfect bill, but I think you have done a marvelous job striking a balance because all public records are the people’s business,” he said. “And, as a former journalist, I think it is very critical that they have the right to know what all levels of government are doing, how they are spending their money, and decisions they are making.”

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