Legislatures and transparency
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| 1. Select a state |
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Alabama • Alaska • Arizona Arkansas • California • Colorado Connecticut • Delaware • Florida Georgia • Hawaii • Idaho Illinois • Indiana • Iowa Kansas • Kentucky • Louisiana Maine • Maryland • Massachusetts Michigan • Minnesota • Mississippi Missouri • Montana • Nebraska Nevada • New Hampshire New Mexico • New Jersey New York • North Carolina North Dakota • Ohio • Oklahoma Oregon • Pennsylvania • Rhode Island South Carolina • South Dakota Tennessee • Texas • Utah Vermont • Virginia • Washington West Virginia • Wisconsin • Wyoming |
| 2. See also 3. External links |
This page indicates whether or not a particular state legislature is subject to the state open records act as a whole or possess a broad exemption obtained either through statute or litigation. Currently ten states have an explicit exemption from the entire open records law either as an exemption or because the courts have declared that they cannot enforce the law, with some states encouraging legislatures to adopt their own guidelines within each legislative sessions rules. Of those exemptions six are established by statute and four by the courts. Another nine state laws are ambiguous as to whether or not the legislature is included. The remaining laws include the legislature in the definition of public body. However, this inclusion does not prevent the legislature from employing other exemptions to protect their records, the most common of which is the Deliberative process exemption which often protects legislative calendars, meetings, and communication with both citizens and lobbyists. Other exemptions protect working drafts of legislation prior to release to the entire legislative assembly.
States
Here is a list of open records laws as they apply to the state legislature:
Alabama Public Records Law
- Ambiguous
The Alabama Public Records Law is ambiguous as to whether or not the law applies to the legislature. However the broad definition of public body would presumably include state legislators.
Alaska Public Records Act
The Alaska Public Records Act does not include the legislature within its definition of public body. Instead, public records issues within the legislature are decided by the rules of the legislature and have been ruled unenforceable by the courts. [1]
- ↑ Abood v. League of Women Voters, 743 P.2d 333 (Alaska 1987). via RCFP Guide to Alaska
Arizona Public Records Law
- Ambiguous
The Arizona Public Records Law is ambiguous as to whether or not the law applies to the legislature. However the broad definition of public body found at Arizona Statute 39-121.01-A-2 would presumably include state legislators.
Arkansas Freedom of Information Act
The Arkansas Freedom of Information Act's broad definition of public body found at Arkansas Rev. Stat. 25-19-103(5A) has been held to include legislative bodies per Laman v. McCord.[1]
California Public Records Act
- Ambiguous
- The state legislature exempted itself and its committees from the CPRA.
- There is a separate act, the Legislative Open Records Act, to which records of the legislature are subject.
- A California Constitutional Sunshine Amendment was passed by California's voters in 2004; it does apply to the Legislature because it applies generally to "public bodies" and to the "writings of public officials," without excluding the Legislature.
Colorado Open Records Act
The Colorado state legislature is covered under the Colorado Open Records Act.[1]
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedstatutetwo
Connecticut Freedom of Information Act
The Connecticut State Legislature is subject to the provisions of the Connecticut Freedom of Information Act according to Connecticut General Statutes 14.1-200.
Delaware Freedom of Information Act
The Delaware state legislature was specifically exempted from the Freedom of information act under Delaware Code Title 9, § 10002(c) until it was modified in 2009 to include them.[1]
Florida Sunshine Law
While the legislature falls under the Sunshine Law, the state legislature has given itself some exemptions. These include exempting the journal of the executive session of the Senate from disclosure except upon order of the Senate itself or a court of competent jurisdiction, and forbidding legislative employees from revealing the contents of requests for services made by state legislators.
Georgia Open Records Act
In a 1975 case, Coggin v. Davey, the Supreme Court exempted the legislature, under a separation of powers argument.
Hawaii Uniform Information Practices Act
The Hawaii state legislature falls under the broad working definition of public body in Hawaii, thereby subjecting it to the Hawaii Uniform Information Practices Act.
Idaho Public Records Act
The Idaho state legislature is included in the Idaho Public Records Act under the broad definition of public body found at Idaho PRA 9-337-8, 11, 14.
Illinois Freedom of Information Act
The Illinois Freedom of Information Act includes the Illinois state legislature, though it does contain exemption for working papers and preliminary drafts and opinions under a deliberative process clause. [1]
Indiana Access to Public Records Act
While the Indiana Access to Public Records Act includes state legislative bodies within its definition of public body found at Illinois APRA 5-14-3-2-M, 5-14-3-2.1, the Illinois Supreme Court ruled in State ex rel. Masariu v. Marion Superior Court that they are unable to enforce the law against the legislature due to separation of powers considerations. [1]
- ↑ State ex rel. Masariu v. Marion Superior Court via RCFP Guide to Indiana
Iowa Open Records Law
While the Iowa Open Records Law's broad definition of public body incorporates the state legislature, Des Moines Register and Tribune Co. v. Dwyer held that the Senate withholds a constitutionally granted power to establish their own rules which may run counter to the Iowa Open Records Law. [1]
- ↑ Des Moines Register and Tribune Co. v. Dwyer via RCFP Guide to Iowa
Kansas Open Records Act
The broad definition of public body found within the Kansas Open Records Act includes the state legislature. [1]
Kentucky Open Records Act
The Kentucky Open Records Act includes the state legislature within its definition of public body under Kentucky ORA 61.870.1.
Louisiana Public Records Act
- Ambiguous
While the Louisiana Public Records Act includes the legislature within its definition of public bodies, court decisions, including, Copsey v. Baer, have held in favor of a limited legislative privileges and immunities exemption derived from the constitution which could prevent the release of legislative records. [1]
Maine Freedom of Access Act
The expansive definition of public body found within the Maine Freedom of Access Act found at Maine Statute 1-402 includes the state legislature. However, the act does have exemptions for the working papers of legislatures under a Deliberative process exemption.
Maryland Public Information Act
The Maryland Public Information Act includes the state legislature in its definition of public body found at Maryland Statute 10-611, thus subjecting the legislature to the act.
Massachusetts Public Records Act
The Massachusetts General Court is explicitly exempt from the Massachusetts Public Records Act under Mass. General Laws Title X, Chapter 66, Section 18.
Michigan Freedom of Information Act
- Ambiguous
While legislative committees and groups are explicitly subject to the Michigan Freedom of Information Act under Michigan Statute 15-232. However, individual legislators are exempt under an attorney general ruling. [1]
- ↑ 1985-86 Op. Att'y Gen. No. 6390 (1986), via RCFP Guide to Michigan
Minnesota Data Practices Act
The legislature is exempt from the Minnesota Data Practices Act but due to past controversies the phone records of specific legislators are available for public inspection and copying.[1]
Mississippi Public Records Act
- Ambiguous
While the legislature falls under the definition of public body found at Mississippi code 25-61-3, the act does state that "Nothing in this chapter shall be construed as denying the Legislature the right to determine the rules of its own proceedings and to regulate public access to its records."[1]
Missouri Sunshine Law
The Missouri state legislature falls under the definition of public body found at Missouri Revised Statutes 610.010.4 and is thus subject to the Sunshine Law.
Montana Public Records Act
- Ambiguous
There is no exemption for the Montana state legislature within the Montana Public Records Act and thus the records are presumed to be open, though it has never been tested in court.
Nebraska Public Records Law
The definition of public body found within the Nebraska Public Records Law appears to include the legislature and the constitution requires the legislature to maintain and publish a journal of activities. However, individual legislators rely on deliberative process exemptions to exempt their personal working papers and contacts. [1]
Nevada Open Records Act
There is no clear exemption for the Nevada legislature under the Open Records Act and the legislature clearly falls within the definition of public body found within the act. Thus, the documents of the legislature are assumed to be open for inspection.
New Hampshire Right to Know Law
There is no clear exemption for the New Hampshire legislature under the Open Records Act and the legislature clearly falls within the definition of public body found at New Hampshire Revised Statutes VI.91-A:1.a. Thus, the documents of the legislature are assumed to be open for inspection.
New Jersey Open Public Records Act
The New Jersey legislature explicitly falls within the definition of public body found at New Jersey Ann. Stat. 47:1A-1.1 and is thus subject to the act.
New Mexico Inspection of Public Records Act
The legislature falls under the definition of public body found at New Mexico Statute 14-2-6 and is considered subject to the New Mexico Inspection of Public Records Act.
New York Freedom of Information Law
The New York state legislature is explicitly exempt from the New York Freedom of Information Law under Freedom of Information Law section 86.
North Carolina Public Records Law
The legislature falls under the definition of public body found at North Carolina Law 132-1 and is subject to the North Carolina Public Records Law.
North Dakota Open Records Statute
The legislature falls under the definition of public body found at North Dakota Statute 44.04, 17.12 and is subject to the North Dakota Open Records Statute.
Ohio Open Records Law
- Ambiguous
- Documents of the state legislature that are exempted from disclosure include:
- Documents that are not filed with the clerk of the General Assembly.
- Documents that communicate between legislative staff and a member of the General Assembly. [1]
Oklahoma Open Records Act
The legislature is explicitly exempted from the Oklahoma Open Records Act under Open Records Act, 24A.3.2.
Oregon Public Records Law
The legislature is explicitly exempted from the Oregon Public Records Law under Oregon Statutes, 192.410(5).
Pennsylvania Right to Know Law
The legislature falls under the definition of public body found atPennsylvania Chapter 3 and is subject to the Pennsylvania Right to Know Law.
Rhode Island Access to Public Records Act
The legislature falls under the definition of public body found at Rhode Island law 38-2 and is subject to the Rhode Island Access to Public Records Act.
South Carolina Freedom of Information Act
The legislature falls under the definition of public body found at South Carolina FOIA 30-4-20 and is subject to the South Carolina Freedom of Information Act.
South Dakota Sunshine Law
The legislature falls under the definition of public body found atSouth Dakota law 1-27-1.1 and is subject to the South Dakota Sunshine Law.
Tennessee Open Records Act
- Ambiguous
The Tennessee Open Records Act is ambiguous as to whether or not the law applies to the legislature. While the broad definition of public body would presumably include state legislators, there is a strong exemption for documents held on the legislative computer system found at Tennessee law 30-10-108.[1]
Texas Public Information Act
The legislature falls under the definition of public body and is subject to the Texas Public Information Act.
Utah Government Records Access and Management Act
The legislature falls under the definition of public body found at Utah Code 63G-2-103(11)(a)(ii) and is subject to the Utah Government Records Access and Management Act.
Vermont Public Records Law
The legislature falls under the definition of public body found at Vermont Statute 5-317 and is subject to the Vermont Public Records Law.
Virginia Freedom of Information Act
The legislature falls under the definition of public body found atVirginia Code 2.2-3701and is subject to the Virginia Freedom of Information Act.
The State Corporation Commission is explicitly exempted under Christian v. State Corporation Commission.Cite error: Closing </ref> missing for <ref> tag The Washington State Supreme Court issued an unclear decision in Cowles Publishing Co. v. Murphy in 1981 with regard to the remainder of the records.[1]
West Virginia Freedom of Information Act
The legislature falls under the definition of public body found at West Virginia Code, 29B-1-2 and is subject to the West Virginia Freedom of Information Act.
Wisconsin Open Records Law
The legislature falls under the definition of public body found at Wisconsin statute 19.32 and is subject to the Wisconsin Open Records Law. However, the legislature is exempt from the law requiring departments to post methods for filing a records request. [1]
Wyoming Sunshine Law
The legislature falls under the definition of public records found at Wyoming code 16-4-201 and is subject to the Wyoming Sunshine Law.
See also
External links
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This page indicates whether or not a particular state legislature is subject to the state open meetings law as a whole or possess a broad exemption obtained either through statute or litigation. Currently thirteen states have an explicit exemption from the entire open meetings law either as an exemption or because the courts have declared that they cannot enforce the law, with some states encouraging legislatures to adopt their own guidelines within each legislative sessions rules. Of those exemptions ten are established by statute and three by the courts. Another fifteen state laws are ambiguous as to whether or not the legislature is included. The remaining laws include the legislature in the definition of public body. However, this inclusion does not prevent the legislature from employing other exemptions to close meetings, per the open meetings law.
Select a state
Here is a list of open records laws as they apply to the state legislature:Contents
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