Public records.

2018
STATE OF WYOMING
18LSO-0446
Numbered
1.2

HOUSE BILL

NO.
HB0178

Public records.

Sponsored by:
Representative(s) Jennings and Edwards and Senator(s) Scott

A BILL

for

AN ACT relating to public records; requiring the release of public records within a specified time; requiring the designation of a public records custodian of each agency, institution and political subdivision of the state; requiring notice to public records applicants; providing remedies for violations of the public records act; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 16
‑
4
‑
202
(b), (c) and
by creating
a
new subsection (e
)

and 16
‑
4
‑
205 are amended to read:

16
‑
4
‑
202
.

Right of inspection; rules and regulations; unavailability; designation of public records officer.

(b)

If the public records requested are not in the custody or control of the person to whom application is made, the custodian or authorized person having personal custody and control of the public records shall notify the applicant within seven (7) business days from the date of acknowledged receipt of the request of the unavailability of the records sought, unless good cause exists preventing a response within such time period.
The custodian or authorized person having personal custody and control of the public
records
shall provide the public records requested to the applicant within ten (10) business days from the date of acknowledged receipt of the request, unless good cause exists preventing release within such time period.
In the event the applicant is not satisfied that good cause exists, the applicant may petition the district court for a determination as to whether the custodian has demonstrated good cause existed.

(c)

If the public records requested are in the custody and control of the person to whom application is made but are in active use or in storage, and therefore not available at the time an applicant asks to examine them, the custodian or authorized person having personal custody and control of the public records shall notify the applicant of this situation within seven (7) business days from the date of acknowledged receipt of the request, unless good cause exists preventing a response within such time period. In the event the applicant is not satisfied that good cause exists, the applicant may petition the district court for a determination as to whether the custodian has demonstrated good cause existed. If a public record is readily available, it shall be released
immediately
to the applicant so long as the release does not impair or impede the agency's ability to discharge its other duties.

The public record shall be released immediately but in all cases no later than ten (10) business days from the date of acknowledged receipt of the request.

(e)

Each state agency, institution or political subdivision thereof shall designate a person to serve as the
custodian
for the agency, institution or political subdivision. The custodian shall serve as a point of contact between the agency, institution or political subdivision and applicants seeking public records.

16
‑
4
‑
205
.

Civil penalty; remedies.

(a)

Any person who knowingly or intentionally violates the provisions of this act is liable for a penalty not to exceed seven hundred fifty dollars ($750.00). The penalty may be recovered in a civil action and damages shall be assessed by the court. Any action pursuant to this
section
subsection
shall be initiated by the attorney general or the appropriate county attorney.

(b)

In any proceeding in the district court to determine whether the custodian has demonstrated that good cause existed for failing to provide notice or for failing to release the records as specified in W.S. 16
‑
4
‑
202(b) and (c), the court may award attorney fees or may order a
waiver or refund of any fees assessed by a custodian if the court finds that the agency, institution or political subdivision negligently failed to provide notice or release the records.

(c)

Any applicant who has not received the requested public records or notice from the agency, institution or political subdivision within thirty (30) days of submitting the request may file a complaint with the attorney general or, for a request concerning a political subdivision, the appropriate county attorney. Upon receipt of a complaint, the attorney general or appropriate county attorney shall review the complaint and the records request and consider whether a civil action under subsection (a) of this section is appropriate.

(d)

Violation of any provision of this act constitutes sufficient cause for termination of a public employee's employment.

Section 2
.

This act is effective July 1, 201
8
.

(END)

1
HB0178