Relating to public records, including the duties of lawful custodians

This bill relates to public records, including the duties of lawful custodians. Under current law, a person may request to examine, copy, publish, or otherwise disseminate a public record from the government body currently in physical possession of the public record (lawful custodian). The bill defines “original government body” as the government body that created or originated a public record, or that has primary responsibility for the maintenance, classification, or confidentiality of the public record. The bill also defines “secondary lawful custodian” as a lawful custodian in physical possession of a public record provided by an original government body. Under the bill, if a public records request is made to a secondary lawful custodian, the secondary lawful custodian may defer the determination of whether the public record is subject to examination and copying to the original government body. The bill requires the secondary lawful custodian to promptly notify the requester of the deferral and the identity of the original government body. The secondary lawful custodian is not required to independently determine whether a record is confidential or subject to disclosure. The bill provides that a good-faith, reasonable delay in responding to a public records request does not constitute a violation when the delay is for the purpose of allowing a secondary lawful custodian to defer to the original government body for a determination. A secondary lawful custodian acting in reasonable reliance on the determination of the original government body is deemed to be acting in good faith. The bill further provides that a secondary lawful custodian is not subject to injunctive relief, damages, attorney fees, or costs for failing to disclose or for disclosing a public record when the secondary lawful custodian acted in reasonable reliance on the determination of the original government body to comply with or refuse the public records request.