MONTGOMERY, Ala. — Gov. Kay Ivey signed Senate Bill 270 into law recently, changing the state’s public records law for the first time in more than 50 years.
Sponsored by Sen. Arthur Orr, R-Decatur, and Rep. Cynthia Almond, R-Tuscaloosa, the law will add a time element for public entities to respond to a public records request. Under previous law, there was no required time frame for responses. Under the new law, public entities have 10 business days to acknowledge the request and 15 business days to either deny or fulfill it. Agencies have the ability to extend the time by 15 business day increments.
Orr has tried for multiple years to put time requirements in the law.
“It puts some definitive timelines in place, which are severely needed,” Orr told Alabama Daily News. “Under the current law, people who want access to pubic records can be put off indefinitely by governing bodies. This will bring some hard deadlines that the governing bodies have to comply with, otherwise the requesting citizen will have quicker access to a judicial remedy.”
If an agency doesn’t respond, the legislation sets out timeframes for when a civil lawsuit could be filed in an attempt to access the records.
Ivey signed Executive Order 734 in 2023. It instructed executive-branch agencies to: establish a portal for requests; respond within 15 days for a simple request or 45 days for a more complicated request; and limit fees to $20-per-hour for preparation time and 50 cents per page for paper copies.
“Transparency isn’t just a buzzword – it’s a commitment to letting the sunlight in and ensuring our citizens can hold their government accountable,” Ivey said in a written statement after signing the bill.
The Alabama Press Association’s executive director, Felicia Mason, praised the new law.
“APA applauds Sen. Arthur Orr from Decatur and Rep. Cynthia Almond from Tuscaloosa for their determination in getting SB270 through the Legislative process,” Mason told Alabama Daily News. “We are grateful to Gov. Ivey and her staff who were committed to working with all parties throughout the Legislative process to reach a compromise that does not unduly burden the custodians of public records, and at the same time gives the public a timeframe to expect a response.”
Alabama was scored 10 out of 100 by the National Freedom of Information Coalition in a 2020 study, which was the lowest score of all 50 states.
The law will go into effect on Oct. 1. It does not apply to police videos. A 2023 law laid out a process for those in dash and bodycam videos to view them and attempts to expand that law failed this year.