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Title XXXIX CONDUCT OF PUBLIC BUSINESS

Chapter 610

Effective - 28 Aug 2004 bottom

  610.023.  Records of governmental bodies to be in care of custodian, duties — records may be copied but not removed, exception, procedure — denial of access, procedure. — 1.  Each public governmental body is to appoint a custodian who is to be responsible for the maintenance of that body's records.  The identity and location of a public governmental body's custodian is to be made available upon request.

  2.  Each public governmental body shall make available for inspection and copying by the public of that body's public records.  No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian.  No public governmental body shall, after August 28, 1998, grant to any person or entity, whether by contract, license or otherwise, the exclusive right to access and disseminate any public record unless the granting of such right is necessary to facilitate coordination with, or uniformity among, industry regulators having similar authority.

  3.  Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body.  If records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available.  If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection.  This period for document production may exceed three days for reasonable cause.

  4.  If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial.  Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received.

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(L. 1987 S.B. 2, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al.)


---- end of effective   28 Aug 2004 ----

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