Should Nonresidents Have Access to Delaware Public Records?

Delaware lawmakers eye bill extending FOIA to nonresidents

State lawmakers are considering legislation allowing nonresidents of Delaware to request public records under the state's Freedom of Information Act.

Currently, public bodies do not have to respond to FOIA requests from anyone who is not a citizen of Delaware.

The bill, up for discussion Wednesday in a House committee, would allow state agencies and public bodies to charge higher fees to nonresidents, as long as they reasonably reflect the costs needed to defray expenses.

As initially written, the legislation also added language to the current law allowing anyone attending an open meeting of a public body to make audio and video recordings, as long as doing so is not disruptive.

The sponsor of the bill has since amended it to remove the provision allowing audio and video recordings.

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