Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill authorizes a records custodian to petition a court for an injunction to prohibit a person from making public records requests that constitute harassment.



This bill requires a court, upon finding that a records request constitutes harassment, to enjoin the person who made the request from making a public records request for a period of one year and award the petitioner reasonable court costs, reasonable attorney's fees, and the records custodian's reasonable costs incurred in producing the requested material, including the costs incurred to produce public records for viewing only.



This bill defines "harassment" as three or more public records requests within a period of one year:



(1) That are made in a manner that would cause a reasonable person, including a records custodian or any staff of the public entity in control of the public records, to be seriously abused, intimidated, threatened, or harassed;

(2) For which the conduct in fact seriously abuses, intimidates, threatens, or harasses the person; and

(3) That are not made in good faith or for any legitimate purpose, or are made maliciously.

