Catch Title: SF0049 Public Records Act Revisions

Sponsor: Joint Corporations, Elections & Political Subdivisions Interim Committee

Effective Date: July 1, 2026

Bill URL: https://www.wyoleg.gov/Legislation/2026/SF0049

Overview:

SF0049 significantly overhauls the Wyoming Public Records Act by reducing response timelines, standardizing fees, and increasing enforcement mechanisms. It shifts the default release deadline for public records from 30 days to 10 days and grants the state ombudsman new authority to refer violations for criminal or civil prosecution . The bill also expands the definition of “official public records” to explicitly include certain legal documents like plea agreements .

Key Provisions:

• Expanded Definition of Records: Explicitly includes plea agreements, non-confidential sentencing memoranda, and all government contracts/agreements as “official public records” .
• Mandatory Acknowledgement: Requires governmental entities to acknowledge receipt of a records request within 3 business days .
• Accelerated Release Timeline: Reduces the maximum time to release records from 30 calendar days to 10 calendar days from the date of acknowledgement .
• Extension Oversight: Allows the ombudsman to authorize a one-time extension of up to 30 additional days for “good cause,” or longer if the applicant and agency agree .
• Standardized Fee Schedule: Requires all governmental entities (local and state) to use uniform fees set by the Department of Administration and Information unless they choose to charge lower fees .
• Stricter Penalties: Increases the civil penalty for knowing or intentional violations from $750 to $2,000 and authorizes the court to award reasonable attorney fees to the prevailing applicant .
• Legal Referral Power: Authorizes the ombudsman to refer non-compliant agencies to the Attorney General or a District Attorney for court enforcement .

Implications:

• Administrative Pressure: The reduction to a 10-day release window represents a 66% decrease in processing time, likely necessitating additional staffing or modernized digital filing systems for many agencies.  It effectively grows government.
• Legal Ambiguity: The term “good cause” for ombudsman-approved extensions is [Ambiguous], as the bill does not list specific criteria (such as volume of records or staff illness) that would justify an extension.
• Fiscal and Litigation Risk: The combination of a higher $2,000 fine and the new provision for attorney fees significantly increases the financial liability for agencies that mishandle requests.
• Centralized Fee Control: By mandating uniform fees, the state removes the ability for local municipalities to set their own “market rates” for complex records searches, unless they apply to the ombudsman for an exception .