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2004 SESSION

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HB 168 Freedom of Information Act; excludes certain park and recreation records.

Introduced by: Beverly J. Sherwood | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Freedom of Information Act (FOIA); record exemption; certain park and recreation records. The bill adds an exemption from the mandatory disclosure requirements of FOIA for records of state or local park and recreation departments to the extent such records contain information identifying a person under the age of 18 years, where the parent or legal guardian of such person has requested in writing that such information not be disclosed. However, nothing in this subdivision shall operate to prohibit the disclosure of information defined as directory information under regulations implementing the Family Educational Rights and Privacy Act, 20 U.S.C. §1232 g, unless the public body has undertaken the parental notification and opt-out requirements provided by such regulations.

SUMMARY AS INTRODUCED:

Freedom of Information Act (FOIA); record exemption; certain park and recreation records. Adds an exemption from the mandatory disclosure requirements of FOIA for records of state or local park and recreation departments containing information concerning identifiable persons under the age of 18 years. The bill provides, however, that access shall not be denied to the parent, including a noncustodial parent, or guardian of such person, unless the parent's parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access. For records of such persons who are emancipated, the right of access may be asserted by the subject thereof.