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Committee advances measure to expand vexatious-requester standard under FOIA, drawing concerns about thresholds and access
Summary
SB 466 would allow the FOI Commission to consider harassment or threatening conduct outside of FOIA requests when designating vexatious requesters and extend certain periods; supporters say it prevents FOIA misuse while critics worry about undue restrictions on public access.
Chair summarized SB 466 as amending the Freedom of Information Act to let the FOI Commission consider threatening or harassing conduct outside the immediate contents of an FOIA request when evaluating whether a requester is vexatious, and extending certain denial periods from one to three years.
Senator Sampson said he understood the need to curb weaponized FOIA requests but emphasized the standard must be narrowly tailored. "I don't think there's any way I could ever support something like this, unless it was limited to the most egregious of circumstances," he said, asking what threshold would qualify someone as vexatious and who would make that initial determination.
The chair responded that the bill does not change the underlying threshold but expands the Commission’s ability to consider outside harassing conduct, and that existing determinations (for example, from courts) could inform the Commission’s review. The committee took the motion to JF and recorded votes, with the clerk noting votes would be held open.
Debate focused on safeguarding access to public records while protecting agency staff from harassment; members suggested defining "threatening and harassing" conduct using existing statutory language to address concerns.
