Alabama Public Records Law
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The Alabama Public Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Alabama. Statues 41.13.1 - 41.13.44 of the Alabama legislature define the law. The law was first enacted in 1923.
The Alabama Open Meetings Act legislates the methods by which public meetings are conducted. Statutes 36.25A.1 - 36.24A.11 of the Alabama legislature define the law.
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Alabama #48 in the nation with an overall percentage of 34.90%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Alabama 0 points out of a possible 100, a letter grade of "F", and a ranking of 49 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Alabama's law as the 50th worst in the country, giving it a letter grade of "F".[3]
[edit] Public Records
Public records are defined by the Code of Alabama as "all written, typed or printed books, papers, letters, documents and maps made or received in pursuance of law by the public officers of the state, counties, municipalities and other subdivisions of government in the transactions of public business and shall also include any record authorized to be made by any law of this state belonging or pertaining to any court of record or any other public record authorized by law or any paper, pleading, exhibit or other writing filed with, in or by any such court, office or officer."[4]
[edit] Open Meetings
The purpose of the Alabama Open Meetings Act reads as follows: "It is the policy of this state that the deliberative process of governmental bodies shall be open to the public during meetings" and "Except for executive sessions permitted in Section 36-25A-7(a) or as otherwise expressly provided by other federal or state statutes, all meetings of a governmental body shall be open to the public and no meetings of a governmental body may be held without providing notice".[5]
[edit] Proposed changes
House Bill 154 [6] would prohibit the transferring of funds from one political action committee to another.[6] It was passed in the House on February 12, 2009 and sent to the Senate as Senate Bill 207 where it has been assigned to the Constitutions and Election Committee.[7] The Alabama legislature has passed bills banning the transfer of these funds among political action committees each year beginning in 2000, but the bills have never become law.[7] The state legislature has received criticism for failing to pass this legislation with a local newspaper asking, "Is transparency not that important to members of the Alabama Senate?" [8]
House Bill 295 [9] would require the public disclosure of the names of public officials, spouses of public officials or candidates who have a contract with or are employed by the state, county, or a municipality.[9] It was assigned to the Government Operations Committee on February 26, 2009.[9] Its companion bill in the Senate is Senate Bill 208.[10]
House Bill 876 [11] seeks to make poll lists signed by voters the property of political parties and thereby subject to the open records law.[11]
Senate Bill 207 [12] is the companion bill to House Bill 154.
Senate Bill 208 [10] is the companion bill to House Bill 295. It was assigned to the Constitution, Campaign Finance, Ethics and Elections Committees in the Senate.[10]
Senate Bill 353 [13] would make any meeting in which a state party participates in the meeting subject to the state's Open Meetings Act.[13] It is currently being held in the Governmental Affairs Committee of the Senate.[13]
Senate Bill 399 [14] seeks to make background checks performed on employees of secondary education institutions confidential and not subject to public records laws.[14] It has been assigned to the Education Committee in the Senate.[14]
[edit] Who May Request Alabama Records?
Only citizens of Alabama may request public records from the state.
"Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute." [15]
For requester residency requirements in other states, see the list of who can make public record requests by state.
[edit] Relevant legal cases
- Montgomery Advertiser v. Montgomery County Board of Education, 2005
- Chambers v. Birmingham News Co, 1989
- Stone v. Consolidated Publishing Co, 1981
- Excise Commissioner of Citronelle v. State ex rel. Skinner, 1912
- Brewer v. Watson (Brewer III), 1882
[edit] External links
- Alabama on WikiFOIA
- Code of Alabama public records statute found at 41-13.
- Open Government Guide to Alabama
[edit] See also
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Code of Alabama, 41-13-1
- ↑ Code of Alabama, 36-25A-1
- ↑ 6.0 6.1 Text & Status of HB154
- ↑ 7.0 7.1 The Anniston Star, Slow death of PAC-to-PAC transfers, April 20, 2009
- ↑ Opelika-Auburb News, Senate needs to get on ball and ban PAC to PACs, April 21, 2009
- ↑ 9.0 9.1 9.2 Text & Status of HB295
- ↑ 10.0 10.1 10.2 Text & Status of SB208
- ↑ 11.0 11.1 Text & Status of HB876
- ↑ Text & Status of SB207
- ↑ 13.0 13.1 13.2 Text & Status of SB353
- ↑ 14.0 14.1 14.2 Text & Status of SB399
- ↑ Code of Alabama, 36-12-40
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