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Senate approves electronic-format production and expedited deadlines for records requests
Summary
Senate passed a second substitute to House Bill 278 requiring governmental entities that maintain records electronically to produce them in electronic format, and it clarified timelines for expedited responses (notice within five business days; response within five or ten business days depending on public-benefit showing). Senators questioned resource burdens for smaller offices.
The Senate approved a second substitute to House Bill 278, amending the Government Records Access and Management Act to clarify electronic-request handling and expedited-response timelines.
Senator Bramble said the bill requires a government entity that already maintains records electronically to produce those records in electronic format on request, rather than automatically supplying only hard copies. The substitute also clarifies deadlines for expedited responses: a governmental entity must notify a requester within five business days whether an expedited response will be provided and then deliver records no later than five business days if the requester demonstrates the expedited response benefits the public; otherwise the general deadline of 10 business days applies.
Several senators expressed concern about the operational impact of the five-business-day timelines on smaller agencies with limited staff. The sponsor said the provision mirrors existing statute for expedited requests and that the bill reiterates existing timeframes specifically for electronic requests. The Senate passed the second substitute on a roll-call vote (27 yea, 1 nay, 1 absent) and placed the bill on the third-reading calendar.
