Analysis

Synopsis:

 Amends the Inspection of Public Records Act by prohibiting retaliation and providing civil liability for a custodian or public body for taking retaliatory action against a person who requested public records.  

Analysis:

 This bill amends Section 14-2-12 of the Inspection of Public Records Act (IPRA) by prohibiting a custodian, public body or employee of a public body from taking any retaliatory action against a person who has submitted an IPRA request (either orally or written) or requested information on the process of submitting an IPRA request.  The bill defines “retaliatory action” to include conduct that would discourage a reasonable person from submitting a request or pursuing enforcement of a request.  “Retaliatory action” does not include a lawful objection or denial to the request or a request for additional time to produce records. 

The bill further provides civil liability for those who have committed such retaliation, and allows a court to award compensatory and punitive damages as well as attorney fees.   

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