List of who can make public record requests by state

From Sunshine Review

Table of Contents

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

Eight states currently have a law that says that only state residents can request copies of public documents: Alabama, Arkansas, Delaware, Georgia, New Hampshire, New Jersey, Tennessee and Virginia.

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 Louisiana, requesters must be over the age of majority to receive public records.

In Pennsylvania, access to public records is limited to residents of the United States.

[edit] Alabama

"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. Whether "citizen" indicates citizens of the state of Alabama or U.S. citizens is unclear.

Reference: Code of Alabama, 36-12-40

[edit] Alaska

Anyone may request Alaskan open records.

"Every person has a right to inspect a public record".

Reference: Alaska Statutes, 40.25.120

[edit] Arizona

Anyone may request Arizonan public records.

"Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person."

Reference: Arizona Revised Statutes, 39-121.01

[edit] Arkansas

Citizens of Arkansas may request public records, with the exception of incarcerated felons and the representatives of felons.

All "public records shall be open to inspection and copying by any citizen of the State of Arkansas".

Reference: Arkansas Code Annotated, search for 25-19-105.

[edit] California

Anyone can request public documents in California.

"[E]very person has a right to inspect any public record".

Reference: California Government Code, 6253.(a)

[edit] Colorado

Anyone may request public documents in Colorado.

"All public records shall be open for inspection by any person".

Reference: Colorado Revised Statutes, search for 24-72-201

[edit] Connecticut

Anyone may request public documents in Connecticut.

"[E]very person" shall have the right to inspect, copy or receive public records.

Reference: Connecticut General Statutes, Sec. 1-210

[edit] Delaware

Any citizen of Delaware may request public documents.

"All public records shall be open to inspection and copying by any citizen of the State".

Reference: Delaware Code, search for 10003.

[edit] District of Columbia

Anyone can request public documents from Washington, D.C..

All "persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees".

Reference: District of Columbia Official Code search for Division 1, Title 2, Chapter 5, Subchapter II.

[edit] Florida

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."

Reference: Florida Statutes, 119.01

[edit] Georgia

Any citizen of Georgia may inspect public documents.

"All public records... shall be open for a personal inspection by any citizen of this state".

Reference: Georgia Code, search for 50-18-70 (b).

[edit] Hawaii

Anyone may file a request for public records in Hawaii.

Governmental agencies "upon request by any person" shall make available public records.

Reference: Uniform Information Practices Act, 92F-11

[edit] Idaho

Any person may request public records in Idaho.

"Every person has a right to examine and take a copy of any public record of this state"

Reference: Idaho Statutes, 9-338

[edit] Illinois

Anyone may request public documents from Illinois.

All "persons are entitled to full and complete information regarding the affairs of government".

Reference: Illinois Compiled Statutes, 5 ILCS 140/

[edit] Indiana

Any person may request public records in Indiana.

"[A]ll persons are entitled to full and complete information regarding the affairs of government".

Reference: Indiana Code, 5-14-3-1

[edit] Iowa

Anyone may request public records in Iowa.

"Every person shall have the right to examine and copy public records".

Reference: Iowa Code, 22.2(1)

[edit] Kansas

Anyone may request public documents in Kansas.

"All public records shall be open for inspection by any person".

Reference: KSA, 45-218

Charges are often applied to assemble requested information; the charges cover the cost to copy or reproduce the record(s) as well as staff pay. An example of this can be found at the bottom of Cowley County's Freedom of Information page.

[edit] Kentucky

Anyone may request public records in Kentucky.

"All public records shall be open for inspection by any person".

Reference: Kentucky Revised Statutes, 61.872

[edit] Louisiana

"Any person of the age of majority" is allowed to request records, with these exceptions:

• 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.

Reference: LRS 44:31

[edit] Maine

Anyone may request public records in Maine.

"[E]very person has the right to inspect and copy any public record"

Reference: Maine Revised Statutes, 408(1)

[edit] Maryland

Anyone may request public documents in Maryland.

"All persons are entitled to have access to information about the affairs of government and the official acts of public officials and employees."

Reference: Maryland Code, search for 10-612

[edit] Massachusetts

Anyone may request public documents in Massachusetts.

Records custodians shall permit public records "to be inspected and examined by any person".

Reference: General Laws of Massachusetts, 66-10(a)

[edit] Michigan

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".

• MCL 15.232 defines a "person" as an "individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity."

• "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."

• This law was challenged in Proctor v. White Lake Police Dept. in 2001 as being an unconstitutional deprivation of rights. The law was upheld.

Reference: Michigan Code, 15.231

[edit] Minnesota

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".

Reference: Minnesota Statutes, 13.03(a)

[edit] Mississippi

Anyone may request access to Mississippi's public documents.

"[P]ublic records must be available for inspection by any person".

Reference: Mississippi Code, 25-61-1

[edit] Missouri

Anyone may request public documents in Missouri.

Reference: Open Government Guide to Missouri

[edit] Montana

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".

References:

• Montana Constitution Article II, section 9
• Montana Code 2-6-102

[edit] Nebraska

Any citizen of the state, or any person interested in the inner workings of government may request public records in Nebraska.

"[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".

Reference: Nebraska Revised Statutes, Section 84-712 (1)

[edit] Nevada

Anyone may request public records in Nevada.

"A person may request a copy of a public record".

Reference: Nevada Revised Statutes, 239.010

[edit] New Hampshire

Any citizen of New Hampshire may request public records. However, any person aggrieved by violations of the New Hampshire Right to Know Law may seek remedy, so it is possible that the term "citizen" is not limiting.

"Every citizen... has the right to inspect all public records".

References:

• NH RSA, 91-A:4
• Open Government Guide to New Hampshire

[edit] New Jersey

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".

Reference: NJ Open Public Records Act, C.47:1A-1

[edit] New Mexico

Anyone may request public documents in New Mexico.

"Every person has a right to inspect public records of this state".

Reference: New Mexico Code, 14-2-1

[edit] New York

Anyone may request public documents in New York.

The "public, individually and collectively and represented by a free press, should have access to the records of government".

Reference: NY Public Officers Law § 84

[edit] North Carolina

Anyone may request public records in North Carolina.

Public records are open to inspection by "any person".

Reference: N.C. General Statute, 132-6

[edit] North Dakota

Anyone may request public documents in North Dakota.

Reference: North Dakota Century Code, 44-04-18

[edit] Ohio

Anyone may request public documents in Ohio.

All "public records responsive to the request shall be promptly prepared and made available for inspection to any person".

Reference: Ohio Revised Code, 149.43 (B)

[edit] Oklahoma

Anyone may request public records in Oklahoma.

Reference: Oklahoma Statutes Citationized

[edit] Oregon

Anyone may request public records in Oregon.

Reference: Oregon Revised Statutes, 192.420

[edit] Pennsylvania

Any United States citizen may request public records in Pennsylvania.

Definitions: ""Requester." A person that is a legal resident of the United States and requests a record pursuant to this act. The term includes an agency."

Reference: PA Right to Know Section 102

[edit] Rhode Island

Anyone may request public records in Rhode Island.

"[E]very person or entity shall have the right to inspect" public documents.

Reference: Rhode Island General Laws, 38-2-3

[edit] South Carolina

Anyone may request public documents in South Carolina.

"Any person has a right to inspect or copy any public record of a public body".

Reference: South Carolina Code of Laws, 30-4-30

[edit] South Dakota

Anyone may request public records in South Dakota.

Reference: South Dakota Codified Laws, 1-27-1

[edit] Tennessee

Any citizen of Tennessee may request public records there.

Public documents shall "be open for personal inspection by any citizen of Tennessee".

Reference: Tennessee Code, search for 10-7-503

However, on May 12, 2009, under pressure from the local chapter of the ACLU, the state's Attorney General reversed the state's long-standing position and said that it would provide records to non-residents.^[2]

[edit] Texas

Anyone may request public records in Texas.

"The officer for public information or the officer's agent shall treat all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media."

Reference: Texas Code, 552.223

[edit] Utah

Anyone may request public records in Utah.

"Every person has the right to inspect a public record".

Reference: Utah Code, 63-2-201

[edit] Vermont

Anyone may request public documents in Vermont.

"Any person may inspect or copy any public record or document of a public agency".

Reference: Vermont Statutes, 316

[edit] Virginia

Any citizen of Virginia may request public records in the state.

All "public records shall be open to inspection and copying by any citizens of the Commonwealth".

Reference: Code of Virginia, 2.2-3704

[edit] Washington

Anyone may request public records in Washington.

Public documents shall be made "promptly available to any person".

In 2009, the Legislature passed a law that allows agencies to seek injunctions against prisoners who use the Public Records Act to harass, intiminate, or assist with a crime. 2009 Wash. Laws Ch. 10. The injunction can prohibit the prisoner from making public records requests "for a period of time the court deems reasonable."

Reference: Revised Code of Washington, 42.56.080

[edit] West Virginia

Anyone may request public records in West Virginia.

"Every person has a right to inspect or copy any public record of a public body in this state".

Reference: West Virginia Code, 29B-1-3

[edit] Wisconsin

Anyone may request public records in Wisconsin.

"[A]ny requester has a right to inspect any record".

Reference: Wisconsin Statute, go to section 19.35(1)(a)

[edit] Wyoming

Anyone may request public records in Wyoming.

"The custodian of any public records shall allow any person the right of inspection of the records".

[edit] References

Wyoming Statutes, 16-4-202(a)

[edit] External links

• Open Government Guide
• Citizen Access Project

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