Bill Text: DE HB5 | 2011-2012 | 146th General Assembly | Draft


Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Freedom Of Information Act.

Spectrum: Slight Partisan Bill (Democrat 12-7)

Status: (Passed) 2011-04-15 - Signed by Governor [HB5 Detail]

Download: Delaware-2011-HB5-Draft.html


SPONSOR:

Rep. Bennett & Sen. Peterson & Sen. Katz

 

Reps. Briggs King, Carson, Hocker, Jaques, Keeley, Kenton, Kowalko, Lavelle, Longhurst, Mitchell, Osienski, Outten, Scott, D.E. Williams, Wilson

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 5

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1. Amend §10003, Title 29 of the Delaware Code by renaming subsection (b) as subsection (d) and inserting new subsections (b) and (c) to read as follows:

"(b)A custodian of a record for the appropriate public body who receives a request for a public record shall grant access to a public record or deny access to a record as soon as possible, but not later than fifteen business days after receiving the request for a public record.

(c)Additional time shall be allowed beyond the fifteen business days provided for in subsection (b) when a request is for voluminous records, requires legal advice or a record is in storage or archived.In any of these cases, the requestor shall be advised by the custodian of a record, within fifteen business days after the custodian of a record receives the request, stating the need for additional time.Such additional time provided for in this subsection shall be reasonable.".


SYNOPSIS

This bill enhances Delaware's Freedom of Information Act by setting a deadline when public bodies must provide a public record to a person making a request under the Freedom of Information Act.

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