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Committee declines to advance FOA bill to categorize commercial requesters

Joint Standing Committee on the Judiciary · January 21, 2026
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Summary

The Judiciary Committee voted 'ought not to pass' on LD 1788, a proposal to categorize commercial requesters under the Freedom of Access Act and alter fee structures; sponsor Representative Henderson said the bill needs more stakeholder work and vetted amendments before it is ready for the short session.

Representative Henderson moved 'ought not to pass' on LD 1788, which would categorize commercial requesters under the Freedom of Access Act and create differentiated fee and handling rules for requests made for commercial purposes.

Henderson said the proposal raised complex policy and administrative questions — including potential duplicative work for counties and risks of providing litigation‑level discovery through FOA requests — and that the bill lacked a vetted amendment suitable for the short session. The committee discussed prior fee-structure changes and a recommendation from the Right to Know Advisory Committee to allow recent changes to settle before further modifications.

The committee voted 10–0 (4 absent among those present as recorded) to report the bill 'ought not to pass.' Representative Henderson indicated intent to continue stakeholder work and potentially reintroduce in the next full session.