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Public First Law Center urges closing records ownership loophole for contractor-created government records
Summary
Public First Law Center testified in support of SB1255, urging the committee to clarify that records created, received or maintained by private contractors while performing government functions are government records under the Uniform Information Practices Act.
Ben Kreps of the Public First Law Center told the Senate Committee on Government Operations Feb. 4 that Senate Bill 1255 seeks to close a records-ownership loophole by clarifying that information created, received, maintained or used by private contractors in performing a governmental function is subject to disclosure under the Uniform Information Practices Act (UIPA).
Kreps said the proposed amendments would simplify and narrow the bill to address agency burdens raised in opposition testimony, and that the bill aims to prevent agencies from contracting away control of work product that should remain subject to public records law. He cited a recent news article (referenced in his testimony) describing a contract where public access to work product was limited and said the bill would close that loophole.
The Attorney General's Office and the Department of Corrections and Rehabilitation submitted written testimony in opposition. Kreps told the committee his suggested friendly amendments should address the agencies' concerns about administrative burden and scope.
Ending: The committee took testimony and recorded supportive written comments from civil-society groups; no final committee action on SB1255 was taken Feb. 4.
