DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 155

AMEND Senate Bill No. 155 by deleting lines 18 through 20 in their entirety and inserting in lieu thereof the following:

“ (2) a. If the public body denies a request in whole or in part, the public body’s response shall indicate the reasons for the denial. If the denial is for 1 or more of the grounds under paragraph (h)(1)b.2. of this section, the public body must include a summary of the facts that are the basis for the denial.

b. The public body shall not be is not required to provide an index, or any other compilation, as to for each record record, or part of a record record, that is denied.”

SYNOPSIS

This amendment requires that if a public body is denying a FOIA request on grounds established under this Act, the public body must include a summary of the facts that are the basis for the denial in the agency’s response. This amendment does not prevent or change the ability to appeal a denial of a FOIA request to the Department of Justice.

Author: Senator Gay