List of who can make public record requests by state
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| Alabama • Alaska • Arizona Arkansas • California • Colorado Connecticut •Delaware • Florida Georgia • Hawaii • Illinois 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 |
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey and Pennsylvania. As a result, the provision in the New Jersey Open Public Records Act that prohibits non-residents from access to records is likely to be considered invalid.
Some states also limit felons from receiving copies of public documents (Arkansas, Louisiana and Michigan), and there is some argument about the matter in Washington (see Washington Attorney General says felons have no right to public records).
In Pennsylvania, access to public records is limited to residents of the United States. Here is a list of fees charged by state:
Alabama Public Records Law
The Alabama Public Records Law states that "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." [1]
Alabama grants every "citizen" the right to access open records. It is unclear whether "citizen" indicates citizens of the state of Alabama or U.S. citizens.
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedLaw31240
Alaska Public Records Act
Anyone may request records in Alaska. The law states that the records are open to the "public" but does not elaborate more on what constitutes "public." It later states that "every person" may request records.[1]
Arizona Public Records Law
Arizona statute 39-121 states that anyone may request records at any time during office hours.[1]
Arkansas Freedom of Information Act
Originally, any citizen of the state of Arkansas could request records during normal business hours with the exception of individuals on trial and convicted felons who request information concerning the Department of Corrections. [1] However, the restriction to only citizens of Arkansas has been lifted by recent federal court rulings.
Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings are logically applicable to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who restricts access to records, although its rulings are only legally binding on states in the circuit. As a result, the provision in the Arkansas Freedom of Information Act that prohibit non-residents from access to records is likely to be considered invalid.
California Public Records Act
Anyone can request public documents in California. "[E]very person has a right to inspect any public record". [1]
- California Government Code (CGC) Sec. 6252(c) defines "person" to include any natural person, corporation, partnership, limited liability company, firm or association.
- Foreign and domestic corporations are included in the CPRA's definition of "person."
- Unlike the situation in some states, a plaintiff who files suit against a public agency may utilize the CPRA to obtain documents for use in litigation to the same extent as any other person.
Colorado Open Records Act
According to the CORA statutes, any person may inspect any public record at any reasonable time. The statute says, "All public records shall be open for inspection by any person". This includes public employees, elected officials, corporations (for-profit and non-profit), and journalists.[1] [2]
Connecticut Freedom of Information Act
According to Connecticut law, anyone may request public records (see section 14.1-210). [1]
- ↑ Cite error: Invalid
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Delaware Freedom of Information Act
According to the law, any citizen of Delaware may request public documents. The law explicitly states "All public records shall be open to inspection and copying by any citizen of the State". [1] However, this law has been overturned by a Third Circuit Court decision, opening public records requests to all U.S. citizens.
Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who permits access to only state citizens. As a result, the provision in the Delaware Freedom of Information Act that prohibits non-residents from access to records is likely to be considered invalid.
Retrieving records
Formerly, government entities in Delaware would not send any records, neither physically nor electronically. The Delaware Freedom of Information Act, section 10003 titled "Examination and copying of public records", states that each public body is responsible for establishing its own rules and regulations regarding access to records and fees. The discretion left to government bodies over access to records allows public bodies to refuse to reproduce or send any records unless the citizen requesting information physically visits the office of the government and inspects records.[2]
This was changed in 2011 with the adoption of a standardized form for requesting public records across the state, thereby eliminating much of the leeway afforded individual divisions. [3]
- ↑ Delaware Code 10003
- ↑ Brandywine School District, Delaware FOIA response
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namednews
Florida Sunshine Law
Any person may request public documents in Florida. "It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person." [1]
Georgia Open Records Act
Public records are open to "any citizen of this state", according to O.C.G.A. § 50-18-70(b).[1] People who are employees of nonresident corporations (corporations that are incorporated in a state other than Georgia) can exercise their rights under GORA even if he or she is doing so to share the information with his employer.
In 1993, the state's attorney general wrote an opinion saying that records should be open to non-residents of the state as well as residents. Recent federal court rulings have supported this opinion and overturned these laws and opened records to citizens of every state.
Hawaii Uniform Information Practices Act
Public records are open to inspection by "any person." [1]
Idaho Public Records Act
Any person may request public records in Idaho. The law explicitly states, "Every person has a right to examine and take a copy of any public record of this state." [1]
- ↑ Idaho Statutes, 9-338
Illinois Freedom of Information Act
Anyone may request public documents in Illinois. All "persons are entitled to full and complete information regarding the affairs of government". 5 ILCS 140(2)(b) defines a "person" as "any individual, corporation, partnership, firm, organization or association, acting individually or as a group."[1]
- ↑ Illinois Compiled Statutes, 5 ILCS 140/
Indiana Access to Public Records Act
Any person may request public records in Indiana. "[A]ll persons are entitled to full and complete information regarding the affairs of government". [1]
- ↑ Indiana Code, 5-14-3-1
Iowa Open Records Law
Anyone may request public records in Iowa. "Every person shall have the right to examine and copy public records". [1]
Kansas Open Records Act
Anyone may request public documents in Kansas. "All public records shall be open for inspection by any person". [1]
Kentucky Open Records Act
Anyone may request public records in Kentucky. "All public records shall be open for inspection by any person". [1]
- ↑ Kentucky Revised Statutes, 61.872
Louisiana Public Records Act
Until 2004, when the legislature amended the law to allow minors to receive copies of public records, those requesting records had to be "of the age of majority."[1]
Some people are not allowed to request records:
- A convicted felon in custody may not request records unless the request is limited to grounds upon which the individual could file for post-conviction relief. See Hilliard v. Litchfield, a 2002 case.
- Public bodies may not request records, although the individuals who make up a public body may make a request. See Plaquemines Parish Council v. Petrovich, a 1994 case.
- The right to inspect records only applies to the person who actually made the request, even if that person is acting under the supervision of or at the direction of someone else. See Vourvoulias v. Movassaghi, a 2005 ruling.[2] with these exceptions:
History
The 1940 and 1974 laws both limited who could ask for records to "state electors" and "state taxpayers".
This was changed in 1978, when the law was again altered, providing that:
- "Any person of the age of majority" can examine public records in the state.
- Penalties were set for government officials who failed to comply with the law.[3]
Maine Freedom of Access Act
Anyone may request public records in Maine. "[E]very person has the right to inspect and copy any public record." [1]
- ↑ Maine Revised Statutes, 408(1)
Maryland Public Information Act
All people and governmental units are able to make public records requests unless otherwise indicated by statute. [1]
Massachusetts Public Records Act
Anyone may request public documents in Massachusetts. Records custodians shall permit public records "to be inspected and examined by any person." [1]
Michigan Freedom of Information Act
Any person other than incarcerated felons may request public records in Michigan. "It is the public policy of this state that all persons, except those persons incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government". [1]
- MCL 15.232 defines a "person" as an "individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity." [2]
- "Person", for the purposes of requesting access to public records, does not include "an individual serving a sentence of imprisonment in a state or county correctional facility in this state or any other state, or in a federal correctional facility." [3]
- This law was challenged in Proctor v. White Lake Police Dept. in 2001 as being an unconstitutional deprivation of rights. The law was upheld.
Are oral requests permitted?
No. However, oral requests were permitted up until 1996, when the law was altered to exclude them.
Minnesota Data Practices Act
Anyone may request public records in Minnesota. They are also entitled to have the data explained to them if they don't understand it. A "person shall be permitted to inspect and copy public government data". [1]
- ↑ Minnesota Statutes, 13.03(a)
Mississippi Public Records Act
Anyone may request access to Mississippi's public documents. "[P]ublic records must be available for inspection by any person". [1]
- ↑ Mississippi Code, 25-61-1
Missouri Sunshine Law
Anyone may request public documents in Missouri. [1]
Montana Public Records Act
The Montana public records law states that citizens are entitled to public records in the state, however, the Montana Constitution states that no person may be denied such records. The Constitution trumps statute, so anyone may request public documents in Montana. "No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies". [1] [2]
- ↑ Montana Constitution Article II, section 9
- ↑ Montana Code 2-6-102
Nebraska Public Records Law
Any citizen of the state, or any person interested in the inner workings of government may request public records in Nebraska. The law explicitly states, "[A]ll citizens of this state, and all other persons interested in the examination of the public records... are hereby fully empowered and authorized to examine the same". [1]
- ↑ Nebraska Revised Statutes, Section 84-712 (1)
Nevada Open Records Act
Anyone may request public records in Nevada. The act explicitly states that, "A person may request a copy of a public record." [1]
New Hampshire Right to Know Law
New Hampshire's Right to Know Law indicates that all "citizens" have a right to access New Hampshire's records. However, the law does not elaborate on whether this includes only citizens of New Hampshire or citizens of the United States. [1]
New Jersey Open Public Records Act
The law states that citizens of New Jersey may request public documents of the state. Government "records shall be readily accessible for inspection, copying, or examination by the citizens of this State". [1]The one exception is convicted criminals seeking information on victims. [2] However, restrictions placed by states on requesters from other states have been overturned in federal court in the case of Lee v. Minner.
Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who permits access to only state citizens. As a result, the provision in the New Jersey Open Public Records Act that prohibits non-residents from access to records is likely to be considered invalid.
New Mexico Inspection of Public Records Act
Anyone may request public documents in New Mexico. The law explicitly states: "Every person has a right to inspect public records of this state." [1]
- ↑ New Mexico Code, 14-2-1
New York Freedom of Information Law
Anyone may request public documents in New York. The law explicitly states that the "public, individually and collectively and represented by a free press, should have access to the records of government." [1]
North Carolina Public Records Law
Anyone may request public records in North Carolina. The law explicitly states that public records are open to inspection by "any person".[1]
- ↑ N.C. General Statute, 132-6
North Dakota Open Records Statute
Anyone may request public documents in North Dakota. [1]
Ohio Open Records Law
Anyone may request public documents in Ohio. The law explicitly states, all "public records responsive to the request shall be promptly prepared and made available for inspection to any person." [1]
Oklahoma Open Records Act
Anyone may request public records in Oklahoma. [1]
Oregon Public Records Law
Anyone may request public records in Oregon. The law explicitly states, "Every person has a right to inspect any public record of a public body in this state." [1]
- ↑ Oregon Revised Statutes, 192.420
Pennsylvania Right to Know Law
Any United States citizen may request public records in Pennsylvania. The law explicitly defines "Requester" as "a person that is a legal resident of the United States and requests a record pursuant to this act. The term includes an agency." [1] [2]
Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who permits access to only state citizens. As a result, the provision in the Pennsylvania Right to Know Law that prohibits non-residents from access to records is likely to be considered invalid.
- ↑ PA Right to Know Section 102
- ↑ About Pennsylvania's residency requirement
Rhode Island Access to Public Records Act
Anyone may request public records in Rhode Island. The law explicitly states that "[E]very person or entity shall have the right to inspect" public documents. [1]
- ↑ Rhode Island General Laws, section 38-2-3
South Carolina Freedom of Information Act
Anyone may request public documents in South Carolina. The law states that, "any person has a right to inspect or copy any public record of a public body." [1]
- ↑ South Carolina Code of Laws, 30-4-30
South Dakota Sunshine Law
Anyone may request public records in South Dakota. [1] However, certain records concerning correctional facilities are not available to inmates. [2]
Tennessee Open Records Act
The law states that any citizen of Tennessee may request public records there. Public documents shall "be open for personal inspection by any citizen of Tennessee." [1] However, recent federal court rulings have overturned similar state specific statutes and opened up records in these states to all United States citizens.
Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who permits access to only state citizens. As a result, the provision in the Pennsylvania Right to Know Law that prohibits non-residents from access to records is likely to be considered invalid.
- ↑ Tennessee Code, search for 10-7-503
Texas Public Information Act
The TPIA allows anyone to request public information. A requester need not be a Texas resident. Section 552.221(a) says that custodians of records must make the records available to "any person."
Utah Government Records Access and Management Act
Everyone has the right to inspect public records free of charge or receive a copy of public records during business hours. [1]
Vermont Public Records Law
Anyone may request public documents in Vermont. The law explicitly states that, "any person may inspect or copy any public record or document of a public agency." [1]
- ↑ Vermont Statutes, 316
Virginia Freedom of Information Act
Any citizen of Virginia may request public records in the state. The law explicitly states that all "public records shall be open to inspection and copying by any citizens of the Commonwealth". [1] However, Virginia does limit the right of incarcerated felons to request any records whatsoever. [2]
On January 19, 2009, Mark McBurney (a Rhode Island resident) and Roger Hurlbert (a California resident) filed a federal lawsuit, McBurney and Hurlbert v. McDonnell, with the District Court for the Eastern District of Virginia to overturn the residency requirement in the Virginia law. A similar residency restriction in the Delaware FOIA law was struck down by a federal court in Lee v. Minner.[3],[4]
Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who permits access to only state citizens. As a result, the provision in the Virginia Freedom of Information Act that prohibits non-residents from access to records is likely to be considered invalid.
Washington Public Records Act
Anyone may request records in the state of Washington.[1]
West Virginia Freedom of Information Act
Anyone may request public records in West Virginia. The law explicitly states that "every person has a right to inspect or copy any public record of a public body in this state." [1]
Wisconsin Open Records Law
In general, "any requester has a right to inspect any record." (Wis. Stat. 19.35(1)(a)). However, people who are incarcerated and people who have been involuntarily committed to a mental institution are restricted in their rights of access to public documents.[1]
Contrary to the law in some other states, individuals who are litigants in a pending lawsuit with a governmental agency do not lose any of their rights as requestors with respect to documents they want from that agency.
Persons that are incarcerated can only request records involving themselves or their immediate families[2]. Those involuntarily committed cannot ask for records.
- ↑ Wisconsin Statute 19.35
- ↑ [Confirmed with Wisconsin AG's office on 9/27/2010 at Seminar on Open Records]
Wyoming Sunshine Law
Anyone may request public records in Wyoming. The law states that "the custodian of any public records shall allow any person the right of inspection of the records". [1]
References
External links
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