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House approves GRAMA changes, including protected communications language; records committee timeline extended by HB117
Summary
After floor debate and a failed amendment on email handling, the House passed HB12 (GRAMA amendments) 42-30; the chamber also passed HB117 to extend Records Committee timelines 52-16.
Representative Douglas Agard presented second-substitute House Bill 12, a package of amendments to the Government Records Access and Management Act (GRAMA) developed by a study task force and in coordination with media representatives. The substitute clarified what constitutes a "record" (excluding purely personal correspondence), defined certain internal legislative communications as protected (deliberative process) while providing that communications that give notice of legislative action are not protected, strengthened notice provisions for citizens and clarified retention schedules.
Representative Agard said the goal was to balance privacy and public access: "Communications between the public and elected officials should be protected unless one or both parties choose to disclose that record," he said, arguing the change would encourage candid communication without undermining legitimate public requests. He described the amendments as neutral in effect but protective of petitioning rights.
Representative Becker moved an amendment (amendment number 4) to clarify how to treat mixed personal/public email and to remove a potential criminal sanction for mistaken classification; Becker argued it would help distinguish private from public communications in email. Representative Agard opposed the amendment, saying it would place an onerous burden on part-time legislators to classify incoming communications. Representative Romero and others supported Becker’s effort to preserve public access to information. The amendment failed on the floor.
After debate the House approved HB12 as amended by previously adopted changes, with a final vote of 42 yes and 30 no; the bill will be referred to the Senate for further consideration.
Separately, Representative Carol Sackman Moss introduced House Bill 117 to lengthen certain Records Committee timelines to allow the volunteer committee and staff to schedule and process an increased caseload. Sponsors argued the modest extensions would allow more thorough consideration of appeals; HB117 passed the House 52-16 and was referred to the Senate.
Ending: HB12 and HB117 passed the House and will be sent to the Senate; a proposed Becker amendment on email classification failed on the floor.
