The 89th Legislative Session in Review | Page 82

LEGAL

HB4219

PUBLIC INFORMATION CONTACT REPORTING
Effective September 1, 2025
• Requires a governmental body to respond within 10 days if no responsive information exists, or the information is covered by a previous determination, with citation included
• Requires governmental bodies to specify applicable exceptions when requesting an AG opinion
• Allows a requestor to file a complaint with the AG if the governmental body fails to respond, including the original request and any received correspondence
• If the AG determines the governmental body failed to comply with state law: o Require the AG to notify the governmental body and mandate open-records training for the PIR officer within six months o Prohibits the governmental body from charging the requestor o Requires the body to request an AG ruling within five days of receiving the request if withholding information, and release the information unless a compelling reason exists

HB4310

ACCESS TO PUBLIC INFORMATION FOR BOARD MEMBERS

80

Effective September 1, 2025
• Creates a special right of access for governing board members acting in their official capacity to inspect and / or duplicate public information maintained by the governmental body
• Requires redaction of confidential information at no cost
• Clarifies that attorney client privileged information is not disclosable unless the privilege applies to the member, and require notice if information is withheld on that basis
• Allows the governmental body to the governmental body to require a confidentiality agreement covering nondisclosure, labeling, secure storage, and return or destruction of materials
• Allows the member to request an AG decision on whether the information is confidential under law
• Requires the AG to set procedures and deadlines and respond to a request within 45 business days
• Allows the governmental body to appeal the AG ' s decision and seek a writ of mandamus in district court