WORKING DRAFT

HOUSE BILL NO.      

Wyoming Public Records Act.

Sponsored by:  Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to the Wyoming Public Records Act; providing procedures for the inspection and copying of public records maintained in an electronic format; limiting the release of investigative records as specified; requiring public agencies to establish fees for release of public records as specified; and providing for an effective date.

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

Section 1.  W.S. 16-4-202 by creating a new subsection (d), 16-4-203(d)(ix) and (x) and by creating a new paragraph (xi) and 16-4-204 by creating new subsections (c) and (d) are amended to read:

16-4-202.  Right of inspection; rules and regulations; unavailability.

(d)  If a public record exists primarily or solely in an electronic format, the custodian of the record shall so inform the requester. Electronic record inspection and copying shall be subject to the following:

     (i)  The reasonable costs of producing a copy of the public record shall be borne by the party making the request. The costs may include the cost of producing a copy of the public record and the cost of constructing the record, including the cost of programming and computer services;

     (ii)  An agency shall provide an electronic record in alternative formats unless doing so is impractical or impossible;

     (iii)  An agency may, but shall not be required to, compile data, extract data or create a new document to comply with a request for data maintained in an electronic record;

     (iv)  An agency shall not be required to allow inspection or copying of a record in its electronic format if doing so would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained;

     (v)  Nothing in this section shall prohibit the on-line government commission from enacting any rules pursuant to its authority under W.S. 9-2-2501.

16-4-203.  Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exception.

(b)  The custodian may deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:

(d)  The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:

(ix)  Library circulation and registration records except as required for administration of the library or except as requested by a custodial parent or guardian to inspect the records of his minor child; and

(x)  Information obtained through a 911 emergency telephone system except to law enforcement personnel or public agencies for the purpose of conducting official business, to the person in interest, or pursuant to a court order;. and

(xi)  Records or information compiled soley for purposes of investigating violations of, and enforcing, internal personnel rules or personnel policies the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

16-4-204.  Right of inspection; copies, printouts or photographs; fees.

(c)  After July 1, 2003, any fees or charges assessed by a custodian of a public record shall first be authorized by duly enacted or adopted statute, rule, ordinance, executive order or other like authority.

(d)  All state agencies may adopt rules and regulations pursuant to the Wyoming Administrative Procedure Act establishing reasonable fees and charges that may be assessed for the costs and services set forth in this section.

Section 2.  This act is effective July 1, 2002.

(END)