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A Citizen’s Guide to Public Records Requests
GOVERNMEN
T
OPEN
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What is a public records request?
State public records laws are predicated on a basic and fundamental tenet
in our constitutional republic: open and transparent government. Although
many people are familiar with the federal Freedom of Information Act (FOIA),
some may be surprised to learn that each state has its own public records
law that applies to state and local governments. This includes government
agencies, departments, cities, towns, school districts, and other entities that
engage in public business or receive taxpayer money. State public records
laws are often broader than the federal FOIA.
The purpose of state public records laws is to ensure that public activities are
open to public review so that, as the U.S. Supreme Court put it in the context of
the FOIA, citizens in a free nation “are permitted to know what their government
is up to.” Under state public records laws, transparency is the general rule and
secrecy is the exception. As a result, there is typically a strong presumption
in favor of disclosure. If government entities claim that some information
should be withheld under public records statutes, the burden is frequently
on the government to prove an exemption to disclosure. In each state, there
are administrative and judicial processes allowing citizens to seek review of
public records responses that do not comply with state law.
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Who can make a public records request?
In short, state public records laws are strong tools available to all citizens to
ensure open government. They are frequently designed to encourage disclosure,
and often provide robust protections to citizens who have been denied access
to public information.
The public records process begins with a public records request. This guide
outlines best practices for drafting well-defined requests for public information.
How you make a request makes all the difference.
A clear public records request can often make the difference between the
prompt production of responsive information or a frustrating wall of delay, fees,
and denial. It is imperative that initial requests are done right. And because
the initial records request serves as the basis for administrative and judicial
review, building an accurate administrative record is essential if a requester
later seeks to compel the production of information that has been withheld.
Questions? Goldwater can help.
If you have any questions regarding this guide or your rights to public information,
please contact the Goldwater Institute to determine if the Institute can help
you access information necessary to hold your government accountable.
Visit OpenMyGovernment.org for more information or contact us at
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A public records request must include the following important information in
order to be effective. We have also included a State Public Records Request
Template on page 10 to help you get started.
Date
A records request should always include the date the request was submitted.
This will generally serve as the “cut-off” time for the public entity to conduct a
reasonable search for records. Additionally, many people will ask for records
that were generated over a certain period spanning from an earlier date to
the “date of this request.” By including a date on your request, you will inform
the public entity, and possibly later the courts, what the end date was for your
request.
Subject Line
Include in the subject line that your letter is a “public records request.” Also
include a brief subject matter description of the records requested.
Addressee
Address the request to the custodian of public records. The name of this
person or office can generally be found on the public entity’s website. If a
specific person or department responsible for public records requests cannot
be identified, address the request to the “records custodian” and send to the
agency responsible for maintaining the information you are seeking.
Statutory Citation
Cite the applicable public records or freedom of information statute in the
first line of the request and state that your communication is a request for
public records pursuant to that law.
How to Make A Public Records Request
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Information Requested
This is the most critical component of the public records request. Drafting the
substance of the request will depend on several factors, including whether the
existence of the records is known, as described below. General considerations
apply:
• Only seek information that is allowed under the law. Each state’s
public records law will define public records or information, often
specifically describing what is and is not a public record. Ensure that
your request seeks information defined by statute as public information.
• Avoid requesting exempted information. State public records laws
generally contain specific exemptions from the scope of the law. So even
if information meets the statutory definition of a public record, it may
still be exempted if it falls within an enumerated exemption. Common
exemptions include privacy interests, commercial or trademark interests,
and law enforcement or investigative interests.
Many times, exemptions are specified in the statute. Other times, courts have
developed the exemptions in case law. To the extent possible, a request
should avoid seeking exempted information. However, the burden is generally
on the public entity to prove that an exemption applies, and many state
courts narrowly construe exemptions. So if it is a close call as to whether an
exemption applies or a request cannot be tailored to avoid seeking exempted
information, a good practice is to seek the information and see if the public
entity claims an exemption.
• Consider the scope of the request. The complexity of the request and the
volume of records sought can often determine the timeframe for a public
entity to fulfill a request (unless the response timeline is established by
law). As a general matter, a request should be neither too broad in the
sense that it seeks more information than what the requester is looking for,
nor too narrow in the sense that it will not capture the information sought.
o If you know that a record exists, you should identify the record
with enough specificity so that the records custodian can easily
locate it. You should consider including information in the request
that will help identify the specific record, such as dates, report
names, and individual names.
o If you do not know whether a record exists, you should carefully
consider what information is sought and draft the request
accordingly. It is better to draft a request with precision rather
than engage in a fishing expedition. For example, if you are
seeking communications about a particular topic, the request
should identify the topic (or speakers) precisely, including specific
phases or names in the request, and any relevant date range.
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o Consider discussing and possibly refining the request with the
records custodian, but document everything. If the records
custodian is having a difficult time understanding the request or
claims that a request is burdensome because it is overly broad,
consider having a discussion with them to clarify and refine
the request. Often, the custodian will simply want to respond to
the request and close it out. And frequently, communications
regarding the size and scope of the request can help you get the
information you want as well as reduce unnecessary productions.
If, however, you and the records custodian agree to an alteration
of the request, you should always confirm in writing what the
alteration is and what was agreed to with the records custodian.
This way, if you later seek to compel production in court, there will
be a clear administrative record.
• Most states will not require that a requester state the purpose of the
request, and most of the time you should not do so. However, if it will
help in clarifying the scope of the request and getting the information
sought, you may voluntarily discuss the reasons for the request.
• State whether the request is seeking to inspect records or to copy them.
Many states allow both the inspection of public records and requests for
copies of public records. The primary considerations for whether to request
inspection or copies are generally convenience and fees. Inspection
of records requires a requester to go to a physical location to review
responsive records, which may be inconvenient. On the other hand, if the
records are voluminous or the requester does not know exactly what is
sought, inspection may be a better way to obtain information. Be aware
that when you seek copies of records, public entities are often authorized
to charge a fee for the copies. Typically, a public entity cannot charge
a fee for inspection (although they may still seek fees for searching for
and identifying responsive records if authorized under the law to do so).
• State a time period for the request. If possible, provide a relevant period
for the information you are seeking, particularly if the response will be
voluminous and include things like “all communications.” This will generally
aid in getting the specific information more quickly.
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Statutory Deadline
Identify the public entity’s response deadline in the request and keep track of
it. Many state public records laws have specific statutory timeframes in which
public entities must respond. Others have nonspecific requirements, such as
“promptly.” In either case, you should state the deadline in the request and
follow up with the public entity in writing regarding the deadline.
Fees for Search or Copies
As a requester, you should be aware of how much public entities are authorized
to charge to respond to your request, and draft the request accordingly.
States vary considerably regarding whether a public entity can charge fees
for searching for or copying responsive records. Some but not all states allow
fees for the time it takes to locate and respond to a records request. And
many states charge fees for the cost of copying the records.
If a public entity is authorized to charge for searching and responding to a
request, then the requester should tailor the request in a way that will minimize
search efforts. This may include identifying specific records or starting with
a more limited request and broadening the scope in subsequent requests.
Similarly, if a public entity is authorized to charge for copies of public records,
a requester may wish to inspect the records in person rather than pay the
fees. If you are willing to pay fees for copying records, you should state (1)
the amount you are willing to pay in the request and (2) that the public entity
should contact you if the cost will exceed that amount.
Costs and fees may also be waived or reduced if the request is for a
noncommercial purpose or if a waiver of fees is otherwise available under
the law. If the records will not be used for commercial or pecuniary purposes,
the request should state that it is for a noncommercial purpose. Additionally,
some states allow a requester to seek a waiver of costs and fees. For
example, some statutes allow for costs and fees to be waived if the request
will contribute to the public’s understanding of an issue of public concern. If
a waiver of costs and fees is available, identify the basis for the waiver and
state why it applies to the request.
Contact Information
The requester should include contact information in the request. This will
help facilitate modifications, refinements, or any questions pertaining to the
request.
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Submission
Requests should always be submitted in writing—mailed, emailed, or through
an online submission portal if available. However submitted, you should
ensure there is evidence of the submission.
It is generally a good practice to have the request in letter form so the contents
are clear and the letter can be attached as an exhibit if you later need to
appeal a denial or seek to compel production. If submitted by email, a good
practice is to draft the request in letter form and attach a PDF of the letter to
the email submission.
If a public entity requires submission via an online portal, you should seek
written confirmation that the request was received. You should also consider
preparing the request in letter form and attaching the letter to the online
submission or separately mailing or emailing it.
Response
Once a response is received, you should carefully review it to determine what
was provided, what was withheld, and the basis for any withholding.
If responsive records were provided, ensure that the production is indeed
what was requested.
If documents are totally or partially withheld, you should carefully identify
what was withheld and review the basis for withholding. Generally speaking,
if a portion of the request is denied, the public entity should state the basis
for denial, including whether the entity contends that an exemption applies.
Typically, the presumption is in favor of disclosure, and if a public entity
contends that an exemption applies, the burden is on the public entity to
prove the exemption’s application.
If you wish to challenge the public entity’s response, you should review the
applicable appeal process. Often, state statutes will require that a requester
first appeal the denial of a records request administratively—either through
the public entity that denied the request or to a third party such as the state
attorney general’s office. There are also typically tight deadlines involved in
appealing the denial of a request. You should review the appellate processes
and ensure that any appeal is made to the right body and is timely filed.
If it appears that your public records request was denied in violation of
state law, please submit a case inquiry to the Goldwater Institute at http://
goldwaterinstitute.org/submit-a-case. Please include: (1) the records request,
(2) the public entity’s response, and (3) any communications with the public
entity.
Name of Public Entity
Attn. Name of Records Custodian
Mailing Address
Email Address
DATE
Subj: Public Records Request – Information Requested
Dear Records Custodian:
Pursuant to [cite public records statute], I respectfully request the following public
records in your custody:
(1) Information Requested
(2)
(3)
Electronic production of records and information is preferable and acceptable.
I request your response as soon as possible. If responsive records cannot be
produced within ten (10) business days [or the statutory deadline], please contact
me with your progress and expected completion date.
Additionally, if some records are available prior to the production of other records,
please provide on a rolling or continuing basis as the records are available.
This request is for non-commercial purposes, and copies of records will not be used
for a commercial purpose.
I am willing to pay [insert amount] for copies of the public records requested. If the
cost of production will exceed this amount, please contact me to receive approval
for costs.
Should you have any questions regarding this request, please do not hesitate
to contact me at [phone] or [e-mail].
Thank you for your prompt attention to this matter.
Sincerely,
Name
State Public Records Template
Visit OpenMyGovernment.org/template for a downloadable version of this document.
FIND MY STATE
Alabama: 12
Alaska: 13
Arizona: 14
Arkansas: 15
California: 16
Colorado: 17
Connecticut: 18
Washington D.C.: 19
Delaware: 20
Florida: 21
Georgia: 22
Hawaii: 23
Idaho: 24
Illinois: 25
Indiana: 26
Iowa: 27
Kansas: 28
Kentucky: 29
Louisiana: 30
Maine: 31
Maryland: 32
Massachusetts: 33
Michigan: 34
Minnesota: 35
Mississippi: 36
Missouri: 37
Montana: 38
Nebraska: 39
Nevada: 40
New Hampshire: 41
New Jersey: 42
New Mexico: 43
New York: 44
North Carolina: 45
North Dakota: 46
Ohio: 47
Oklahoma: 48
Oregon: 49
Pennsylvania: 50
Rhode Island: 51
South Carolina: 52
South Dakota: 53
Tennessee: 54
Texas: 55
Utah: 56
Vermont: 57
Virginia: 58
Washington: 59
West Virginia: 60
Wisconsin: 61
Wyoming: 62
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Alabama
Statutory Citation
Al. Code §36-25A-1 et seq.
Definition of Public Record
TheAlabama Public Records Lawunder Al. Code §36-25A-1 et seq. grants citizens the right
to inspect and copy public writings. Pursuant to the statute, every citizen has a right to
inspect and take a copy of any public writing of the state, except as otherwise expressly
provided by statute.
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Exemptions to Public Records
Banking, juvenile court, hospital and probation reports; identity of Medicaid recipients;
reports of suspected disease cases; tax and financial statements.
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Who Can Make the Request?
Anyone. However, due to the language of the law not specifying where one must be a
citizen from, Alabama can deny a request because they are not an Alabama citizen. This
is a rare occurrence.
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Response Timeframe
No fixed timeframe
Information on Fees
The Attorney General’s office in Alabama has historically stated the following opinion
regarding fees; “If possible, a public agency should provide free copies of public
records. However, if budgetary constraints prevent this, then a public agency may
charge a nominal fee, if necessary, to cover its costs in providing copies of public
records. One may inspect public records without paying a fee unless a substantial
amount of an employee’s time is required.” In practice, this isn’t always the case. Search
fees can only be charged if a substantial amount of an employee’s time is required
in searching according to the Attorney General. Duplication fees run the following:
Criminal justice records not more than $25 Appellate records $5 for one to ten pages
and $0.50 per page for than ten Public safety records not more than $15 Each individual
driving record is $5.75 All other records are up to the specific custodian to decide on an
appropriate fee.
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Enforcement Mechanisms
Due to there being no designated records custodian in the Public Records Law of Alabama,
and there being no language in the law itself outlining enforcement of the law, enforcement
is spotty at best and the requester has to be his own enforcer in many ways. Part of the
Alabama code on tampering with governmental records can be read to apply to the
Public Records Law. A person commits the crime of tampering with governmental records
if; (1) “He knowingly makes a false entry in or falsely alters any governmental record; or
(2) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals,
removes or otherwise substantially impairs the verity or availability of any governmental
record; or (3) Knowing he lacks the authority to retain a governmental record he refuses
to deliver up the record in his possession upon proper request of a person lawfully entitled
to receive such record for examination or other purposes.” Ala. Code § 13A-10-12(a) (1994).
This is punishable with a one year jail sentence, however the Attorney General does not
have power to enforce the Public Records Law himself. Any citizen or media source that
wishes to self-enforce this law must do so in court by filing a civil action.
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Attorney Fees
None
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Alaska
Statutory Citation
A.S. §09.25.110 et seq.
Definition of Public Record
Section AS 40.25.220(3) in the Alaska Public Records Act defines “public records” to
mean “books, papers, files, accounts, writings, including drafts and memorializations of
conversations, and other items, regardless of format or physical characteristics, that are
developed or received by a public agency, or by a private contractor for a public agency,
and that are preserved for their informational value or as evidence of the organization
or operation of the public agency; ‘public records’ does not include proprietary software
programs.”
6
Exemptions to Public Records
Juvenile, adoption, medical and public health; library lending; names of victims of certain
types of sexual assault; and some law enforcement records.
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Who Can Make the Request?
Anyone
Response Timeframe
10 days.
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Information on Fees
Fees are allowed but are required to be kept to a minimum. “Except as otherwise provided
in this section, the fee for copying public records may not exceed the standard unit cost
of duplication established by the public agency.”
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Enforcement Mechanisms
Very little explicit enforcement, injunctive relief is permitted against anyone obstructing
access to public records. A person having custody or control of a public record who denies,
obstructs, or attempts to obstruct, or a person not having custody or control who aids or
abets another person in denying, obstructing, or attempting to obstruct, the inspection
of a public record subject to inspection under AS 40.25.110 or 40.25.120 may be enjoined
by the superior court from denying, obstructing, or attempting to obstruct, the inspection
of public records subject to inspection under AS 40.25.110 or 40.25.120. A person may seek
injunctive relief under this section without exhausting the person’s remedies under AS
40.25.123 - 40.25.124.
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Attorney Fees
Under Alaska court rules, the winner of a legal dispute is entitled to recover a portion of its
costs from the other side. There used to be provisions for public interest litigants to recover
full fees if they won and not pay anything if they lost, but that was abolished in 2003.
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Arizona
Statutory Citation
A.R.S. §§ 39-101 to -161
Definition of Public Record
The Arizona Public Records Law has been in existence for more than 100 years and
mandates that all public records be open to inspection by any person at all times
during office hours. Public records include books, papers, maps, photographs or other
documentary materials. Lake v. City of Phoenix recently established that digital meta-
data, attached to files stored in any electronic form are considered part of that document
and are thus subject to open records requests.
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Exemptions to Public Records
The Arizona Public Records Law does have some exceptions which include: student
records, research records, donor information, or if the release of a record would constitute
an invasion of personal privacy and that invasion outweighs the public’s right to know, of
if the disclosure of a record is detrimental to the best interests of the state. Arizona law
also requires individuals who are making a FOIA request for commercial purposes to state
those purposes. Exempt: Adoption records; disciplinary records of some professional
groups; some medical records; some corrections department records; bank records;
and trade secrets.
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Who Can Make the Request?
Anyone
Response Timeframe
There is no specific timeframe
Information on Fees
Agencies can charge fees, except for those records being requested with the intention
of being presented to the U.S. government or a division thereof in relation to a claim,
insurance, or other benefits.A.R.S. § 39-121.02
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Enforcement Mechanisms
There are no administrative appeals options. However, you can take the matter to court.
Those with prevailing challenges may be awarded attorney fees. -A.R.S. § 39-121.02
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Attorney Fees
You can collect attorney’s fees. “The court may award attorney fees and other legal costs
that are reasonably incurred in any action under this article if the person seeking public
records has substantially prevailed. Nothing in this subsection shall limit the rights of any
party to recover attorney fees, expenses and double damages pursuant to section 12-
349.” - A.R.S. § 39-121.02
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Arkansas
Statutory Citation
Ark. Code Ann. §25-19-101 et seq.
Definition of Public Record
Arkansas defines public records as “writings, recorded sounds, films, tapes, electronic or
computer-based information, or data compilations in any medium required by law to
be kept.”
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Exemptions to Public Records
Income tax records; medical, scholastic and adoption records; historical and archeological
files; on-going law enforcement investigations; working papers, competitive advantage,
and personnel records; and identities of undercover law enforcement officers.
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Who Can Make the Request?
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.
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Response Timeframe
24 hours to determine eligibility and 3 days to assemble.
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Information on Fees
The public body may establish fees reasonably calculated to reimburse it for its actual
cost in making reproductions of records. A public body may not charge a search or
retrieval fee or otherwise seek reimbursement based on a man-hour basis as part of
costs associated with making reproduction of records.§29B-1-3
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Enforcement Mechanisms
Falls to the Attorney General. The State Supreme Court case of Bryant v. Weiss (1998),
in which the state’s top law enforcer was regarded as a citizen entitled to employ the
FOIA, affirmed this opinion. Therefore, the State Attorney General may file a request that
had been denied to another citizen and, if the request is once again denied, then he/she
may bring civil action under the FOIA in place of the original requester.
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Attorney Fees
You can claim attorney’s fees. A claim for reasonable attorney’s fees and litigation
expenses reasonably incurred in an action against the State of Arkansas or a department,
agency, or institution of the state shall be filed with the commission pursuant to 19-10-
201 et seq. within sixty (60) days of the final disposition of the appeal under subsection
(a) of this section.
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California
Statutory Citation
Gov’t Code §6250-6268
Definition of Public Record
Public records in theCalifornia Public Records Actare defined as “any writing containing
information relating to the conduct of the public’s business prepared, owned, used, or
retained by any state or local agency regardless of physical form or characteristics.”
There is a separate category of “purely personal information” that, although it may be in
the custody of a government agency, does not fall under the act. Statute 6255 states a
catch all exemption, “The agency shall justify withholding any record by demonstrating
that the record in question is exempt under express provisions of this chapter or that on
the facts of the particular case the public interest served by not disclosing the record
clearly outweighs the public interest served by disclosure of the record.”
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Exemptions to Public Records
Exempt: Law enforcement investigations: litigation; and proprietary business data and
personal privacy.
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Who Can Make the Request?
Anyone
Response Timeframe
One should allow 10 days for an agency to comply with a records request.
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Information on Fees
Fees may cover “direct costs of duplication or a statutory fee if applicable”
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Enforcement Mechanisms
“Any person may institute proceedings for injunctive or declarative relief or writ of
mandate in any court of competent jurisdiction to enforce his or her right to inspect or
to receive a copy of any public record or class of public records under this chapter. The
times for responsive pleadings and for hearings in these proceedings shall be set by
the judge of the court with the object of securing a decision as to these matters at the
earliest possible time.”Cal. Gov’t Code § 6258
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Attorney Fees
“The court shall award court costs and reasonable attorney fees to the plaintiff should
the plaintiff prevail in litigation filed pursuant to this section. The costs and fees shall
be paid by the public agency of which the public official is a member or employee
and shall not become a personal liability of the public official. If the court finds that the
plaintiff’s case is clearly frivolous, it shall award court costs and reasonable attorney
fees to the public agency.” [Cal. Gov’t Code § 6259(d)
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Colorado
Statutory Citation
C.R.S. 24-72-201 et seq.
Definition of Public Record
Public records include all writings that are made, maintained, kept or held by entities
that are subject to theColorado Public (Open) Records Actfor use in the exercise of
functions required or authorized by law or administrative rule or involving the receipt or
expenditure of public funds.
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Exemptions to Public Records
Exempt: At discretion of custodian: Records of investigations; test questions; details
of research projects being conducted by the state; real estate appraisals; and motor
vehicle license photographs. Custodian must Exempt: Medical data; personnel files;
letters of reference; trade secrets; library records; addresses of public-school children;
and sexual harassment complaints under investigation.
30
Who Can Make the Request?
Any person can request records and they are not required to state a purpose nor is the
custodian of the records allowed to ask said person to provide a reason.
31
Response Timeframe
Colorado Law stipulates a three-day deadline for a response.
32
Information on Fees
For duplication the charge is for $0.25 per page for standard sized paper, and not
exceeding actual cost for other sizes. This also goes for electronic records. They may
not charge a search fee unless they have manipulated data into a form that was not
already created by the agency. And even then, costs must be kept ‘reasonable.’
33
In
2019, the maximum hourly fee for retrieval was increased to $33.58.
34
Enforcement Mechanisms
You can appeal in the district court where the offending agency is located. There is no
time limit for filing suit in Colorado.
35
Attorney Fees
Yes, you can win attorney’s fees
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Connecticut
Statutory Citation
Connecticut Freedom of Information Act § 1-200et seq
Definition of Public Record
Public records include any recorded data or information relating to the conduct of the
public’s business prepared, owned, used, received or retained by a public agency, or
to which a public agency is entitled to receive a copy by law or contract. This data
or information can be handwritten, typed, tape-recorded, printed, photostated,
photographed or recorded by any other method.
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Exemptions to Public Records
Exempt: Preliminary drafts or notes whose disclosure does not outweigh the public
benefit of withholding them, Personnel or medical files and similar files the disclosure
of which would constitute an invasion of personal privacy”, Records of law enforcement
agencies which are still currently in pre-trial or trial phase or which would place victims
or culprits in danger, Strategy or negotiation concerning pending litigation, Trade
Secrets, Financial information, freely given and not required by statute, Licensing tests
and statements of personal worth, Collective bargaining records and reports, Personal
information including names and addresses of students enrolled in any school, Adoption
records, Petitions, Records of complaints, Any information that would jeopardize security
at correctional facilities, infrastructure, telecommunications or the security of any
individuals, Home addresses of anyone within the Address Confidentiality Program
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Who Can Make the Request?
Anyone
Response Timeframe
There are no restrictions on the use of the records and the allotted response time for
Connecticut open requests is four days.
39
Information on Fees
State fees for copying are set at 25 cents per page, and other public agencies can
charge 50 cents per page. No other fees are authorized except charges at actual cost
to the agency for transcription and electronic records.
40
Enforcement Mechanisms
If you win your appeal and the FOIC has “reasonable grounds” to do so, they may impose
a fine on an offending agency of not more than $1,000. If the agency knowingly and
purposefully disobeyed the law and withheld records, they may be guilty of a class A
misdemeanor which carries a sentence of a year in jail and $2,000 in fines. If an agency
does not heed the judgement of the FOIC and turn over records, then it is guilty of a class
B misdemeanor which has a possible sentence of six months in jail and up to $1,000 in
penalties.
41
FOIA is enforced by the Freedom of Information Commission (FOIC), which
consists of five members appointed by the governor with the approval of the legislature
and four members appointed by other officials. See Conn. Gen. Stat. §1-205. The FOIC
is charged with promptly reviewing any alleged violation of FOIA and issuing orders
regarding such allegations. The commission has the power to investigate allegations,
including the power to hold hearings, administer oaths, examine witnesses, receive oral
and documentary evidence, subpoena witnesses, and require the production of books
and papers it deems relevant to the investigation. Conn. Gen. Stat. §1-205.
42
Attorney Fees
You can win attorney’s fees
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Washington D.C.
Statutory Citation
D.C. Code §§ 2-531-540
Definition of Public Record
The term “public record” includes all books, papers, maps, photographs, cards, tapes,
recordings, vote data (including ballot-definition material, raw data, and ballot
images), or other documentary materials, regardless of physical form or characteristics
prepared, owned, used, in the possession of, or retained by a public body. Public records
include information stored in an electronic format.
43
Exemptions to Public Records
The term “public record” includes all books, papers, maps, photographs, cards, tapes,
recordings, vote data (including ballot-definition material, raw data, and ballot
images), or other documentary materials, regardless of physical form or characteristics
prepared, owned, used, in the possession of, or retained by a public body. Public records
include information stored in an electronic format.
Who Can Make the Request?
Anyone
Response Timeframe
The statute requires a response in 15 working days.
44
Information on Fees
Fees may be charged; full or partial waivers are available for public-interest and
media requests.
45
Search, review and copying fees cannot exceed the actual costs of
searching, reviewing and/or copying records.
46
Enforcement Mechanisms
Administrative appeals must be made to the Mayor’s office underD.C. Code § 2-537(a),
except that the mayor does not review appeals of denials by the D.C. attorney general
or the D.C. legislative branch (the D.C. Council). The Mayor’s Office of Legal Counsel
publishesD.C. FOIA appeals decisions online. The D.C. Office of Open Government will
review complaints about agencies’ performance under the FOI statute. The office can
issue advisory opinions but does not adjudicate specific cases. The office authority is
in its establishment act D.C. Code § 2-593 and the office web page explains its role.
47
Attorney Fees
You can win attorney’s fees.
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Delaware
Statutory Citation
29 Del. C. § 10001 et seq.
Definition of Public Record
Public records are defined as information of any kind, owned, made, used, retained,
received, produced, composed, drafted or otherwise compiled or collected by any
public body, relating in any way to public business, or in any way of public interest or in
any way related to public purposes.
48
Exemptions to Public Records
Personal information on accepted students, current students, and past students, Medical
records, Trade Secrets, Records of attorneys who represent the state, Reports that result
in unfair competition, Appraisal information for public land purchases, Criminal files,
Military confidential records, Personal information in records of employees and elected
officials of public agencies, Library records, Information on the donors of charitable
contributions, Corrections department information that would jeopardize security,
Communications made to the government but not required by statute, Examinations,
Archaeological and historical ecologically sensitive material locations and information,
Marketing and advertising budgets and strategies for non-profits, Information
maintained by mediators employed to solve the disputes with government agencies.
49
Who Can Make the Request?
Anyone
Response Timeframe
15 days.
50
Information on Fees
Any “reasonable expense involved in the copying of records,” may be charged to a
requester. In Delaware it is also up to the individual agency to write their own rules
about charging for requests. If they plan to deviate from this, they must give written
notice, Labor for search times may also be charged if the agency has a written policy.
Notable in Delaware is the mandate that any charges be estimated in full, to allow the
requester to properly be able to decide if they wish to proceed with the request.
51
Enforcement Mechanisms
By petition of a citizen denied access to information, the Attorney General can determine
whether a violation has occurred. 29 Del. C. § 10005(e). There is no general public
records custodian. If the Attorney General or the courts decide your appeal is valid and
the agency must disclose the documents they withheld, the extent of enforcement is an
award for attorney fees and records cost. There is no penalty to an offending agency.
52
Attorney Fees
You can win attorney’s fees.
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Florida
Statutory Citation
Fla. Stat. sec. 119.01 et. seq.
Definition of Public Record
Public records include all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of
physical form or characteristics, or means of transmission, made or received pursuant
to law to ordinance or in connection with the transaction of official business by any
agency.
53
Exemptions to Public Records
Some exemptions that are included are federal records that the federal government has
designated as non-public, personal e-mails sent from or received by city employees
using a government computer, some “drafts” or “notes” are also exempt.
54
Who Can Make the Request?
According to the Florida Sunshine Law, any person in Florida can request public
documents and a purpose does not have to be stated.
55
Response Timeframe
The law does not specify a specific response time.
56
Information on Fees
The standard fees for duplicates are 15 cents per one-sided page, no more than 20
cents per two-sided page, and $1 per certified copy. The law also provides for allowable
additional fees based on the need for extensive information technology support.
Enforcement Mechanisms
Though lauded as a strong public records law, Florida actually has no mechanisms
by which to appeal or effectively enforce denials or failures to comply with the law.
The Attorney General’s Office offers a voluntary mediation option for the resolution of
disputes, as required by statute: “(2) The public records mediation program is created
within the Office of the Attorney General. (3) The Office of the Attorney General shall:
(a) Employ one or more mediators to mediate disputes involving access to public
records. A person may not be employed by the department as a mediator unless
that person is a member in good standing of The Florida Bar. (b) Recommend to
the Legislature needed legislation governing access to public records. (c) Assist the
Department of State in preparing training seminars regarding access to public records.”
[Fla. Stat. § 16.60]
57
Attorney Fees
Yes, you can win attorney’s fees.
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Georgia
Statutory Citation
O.C.G.A. §50-18-70et seq.
Definition of Public Record
Public records are those documents generated by individuals or groups in public office
in the course of public service.
58
Exemptions to Public Records
Records in the Georgia Open Records Act that are exempt are records related to
the provision of staff services to individual members of the General Assembly by the
Legislative and Congressional Reapportionment Office, the Senate Research Office,
or the House Research Office, or GIS Data. Also, investigations; certain real estate
documents; attorney-client privilege documents; and names of handgun carriers.
59
Who Can Make the Request?
Anyone
Response Timeframe
3 days.
60
Information on Fees
It is permitted under the Georgia Open Records Act that an agency can charge $0.25 per
page for copying costs, and more if specifically required by law. Search, retrieval and
other administrative costs can also be charged but must be “in the most economical
means available,” O.C.G.A. § 50-18-71(c). However, an agency may not charge a search
or retrieval fee unless it poses “an unusual administrative cost or burden.” McFrugal
Rental v. Garr, 262 Ga. 369, 418 S.E.2d 60 (1992).
61
Enforcement Mechanisms
According to the act itself, “[a]ny person knowingly and willfully violating the provisions
of this article by failing or refusing to provides access to records not subject to exemption
from this article or by failing or refusing to provide access to such records within the
time limits set forth in this article shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed $100.00.” O.C.G.A. § 50-18-74(a). This can be
levied by the Attorney General through the complaint filing system, or through winning
a civil action case which can be filed by any person or company.
62
Attorney Fees
Yes, the act expressly requires them in appropriate cases. “without substantial
justification either in not complying with this chapter or in instituting the litigation, the
court shall, unless it finds special circumstances exist, assess in favor of the complaining
party reasonable attorney fees and other litigation costs reasonably incurred.” O.C.G.A.
§ 50-18-73(b)
63
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Hawaii
Statutory Citation
Haw. Rev. Stat. §91-1 et seq.
Definition of Public Record
Records include all materials maintained in government offices and agencies including
all records whether they be written, auditory, visual, electronic, or other physical form.
64
Exemptions to Public Records
Exemptions of this act are records that constitute an invasion of privacy, records of
current judicial proceeding of which the agency receiving the request is a part, and
confidential government records, inchoate and draft working papers of legislative
committees including budget worksheets and unfiled committee reports.
65
Who Can Make the Request?
Anyone
Response Timeframe
Up to 10 days.
66
Information on Fees
UIPA authorizes agencies to charge a reasonable cost of not less than five cents per
page. $2.50 per fifteen minutes for an agency search for the record; $5.00 per fifteen
minutes for an agency review and segregation of the record; and the actual rate that
is charged to the agency by a person outside the agency for services to assist in the
search. Haw. Admin. Rules § 2-71-31(a). The first $30 of fees for search, review and
segregation of a record are automatically waived.
67
Enforcement Mechanisms
The state records ombudsman or OIP have jurisdiction to investigate any agency
potentially not operating within the proper confines of the UIPA.
68
Attorney Fees
Yes, you can win attorney’s fees.
69
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Idaho
Statutory Citation
Idaho Code §74-101 et seq.
Definition of Public Record
All records are presumed to be open records.
76
Exemptions to Public Records
Exemptions include court records that would result in the release of confidentiality,
law enforcement investigations, juvenile records, voting records of the sexual offender
classification board, records concerning discrimination investigations, workers
compensation records, prisoner records, current and former public employees, income
tax information, hospital and medical care records, Idaho Housing and FInance
Association, voter registration cards, records in the address confidentiality program,
trade secrets including academic research, archaeological records and endangered
species locations, draft legislation records, underwriting and claims records of the Idaho
petroleum clean water trust fund, or judicial authorization of abortions for minors.
77
Who Can Make the Request?
Anyone
Response Timeframe
3 days.
78
Information on Fees
An agency may charge a fee not exceeding the actual labor costs if a request is for more
than 100 pages of documents, if private information must be deleted from requested
records, or the locating and copying of documents takes more than two hours. Copying
fees may not exceed the actual cost of that agency copying a record. A fee that is
stipulated by law must be uniform to all persons can be imposed for copying electronic
records on a computer disk, tapes or microfilm. Again this fee cannot exceed the direct
cost of labor for the agency, or the cost of a third party to convert the record.
79
Enforcement Mechanisms
The act provides that the “sole remedy for a person aggrieved by the denial of a
request for disclosure is to institute proceedings in the district court of the county where
the records or some part thereof are located.” Idaho Code § 74-115(1). Thus, the act is
enforced through private enforcement.
80
Attorney Fees
Yes, if the courts find that the request was handled improperly then one can win
attorney’s fees.
81
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Illinois
Statutory Citation
5 Illinois Compiled Statutes 140 – Freedom of Information Act
Definition of Public Record
The act defines public records as all records, reports, forms, writings, letters, memoranda,
books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data
processing records, recorded information and all other documentary materials under
the control of any public body.
82
Exemptions to Public Records
Exemptions are highly detailed and expansive. Some exemptions belong to broad
categories laid out in the act, while others are much shorter and more specific. There
are over 25 categories alone, although again some are much less wordy than others.
See 5 ILCS 140/7.
Who Can Make the Request?
Anyone.
Response Timeframe
5 working days.
83
Information on Fees
Fees are a specific and detailed part of the Illinois FOIA, with some unique aspects
included. Perhaps the most interesting is if an agency doesn’t respond within five
business days they may not charge any fee. As for more typical non-electronic records
the law states that, “a public body may charge fees reasonably calculated to reimburse
its actual cost for reproducing and certifying public records and for the use, by any
person, of the equipment of the public body to copy records.” 5 ILCS 140/6(b). No fees
may be charged for records requests that amount to under 50 black and white pages
and they only charge a copying fee of $0.15 per page, and they may not charge for
search time. Records that are in color must be charged at the actual cost of copying
the records, and no more. Electronic records may only be charged for the amount of
the cost of the medium that the record is copied onto. For driving records it is up to
the Illinois Vehicle Code to set the fee. The Act also states that “the imposition of a fee
not consistent with subsections (6)(a) and (b) constitutes a denial of access to public
records for the purposes of judicial review.” 5 ILCS 140/6(d).
84
Enforcement Mechanisms
The Public Access Counselor is in charge of enforcement of the Illinois FOIA. The
Counselor reviews each rejection by a public body to a requester and determines if
the exemption was used properly. However, this may not in itself be enough to trigger
actual penalties against an agency. However, if in a court proceeding an agency has
been found guilty of willfully and purposefully failing to comply with the act, a penalty of
between $2,500 and $5,000 can be leveraged by the court. This is among the harshest
FOIA penalties in the nation.
85
Attorney Fees
Yes, if in a court of law an agency is found to have in bad faith denied a request, a
requester can win back reasonable attorney’s fees.
86
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Indiana
Statutory Citation
I.C. §§5-14-3-1 et seq.
Definition of Public Record
Public records are defined as essentially any information created, maintained or filed
by government agencies.
87
Exemptions to Public Records
Exemptions include trade secrets, confidential information received upon request,
academic research, licensing information, medical records, anything declared
exempt by the Supreme Court, autopsy photos or videos, social security numbers, law
enforcement investigations, attorney information, personal files of employees, names
of charitable donors, security measures for telecommunications, schools, and general
infrastructure, correctional officer information, complaint information within law
enforcement agencies, contact information for utility employees, or labor negotiations.
88
Who Can Make the Request?
Anyone
Response Timeframe
7 days to acknowledge, 24 hours to respond.
89
Information on Fees
No fees are authorized to be charged in Indiana except a “reasonable” fee is authorized
“for permitting a governmental agency to inspect public records by means of an
electronic device.” Ind. Code § 5-14-3-8(i). This may not exceed the direct cost of
supplying the record in electronic form.
90
Enforcement Mechanisms
One can file a lawsuit in district court to compel an agency to disclose wrongfully
withheld documents, however the Public Access Counselor does not have authority
to compel an agency or penalize an agency. Indiana has harsh penalties for those in
agencies that disclose confidential documents through FOIA, including being charged
with a Class A misdemeanor. This is not the case when the Public Access Counselor has
issued an opinion that the information deemed classified be released to the public.
91
Attorney Fees
If the plaintiff first sought and received an opinion from the Public Access Counselor
than attorney’s fees can be awarded, provided they prevail in court. Fees are awarded
from the date of the Public Access Counselor’s opinion until the date when the court
determines the prevailing party in the suit.
92
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Iowa
Statutory Citation
Iowa Code §22.1 et seq.
Definition of Public Record
TheIowa Open Records Lawis a series of laws designed to guarantee that the public
has access to public records of government bodies at all levels. The law includes all
records of government agencies except where the documents have been deemed
confidential.
70
Exemptions to Public Records
Personal information on accepted students, current students, and past students,
Medical records, Trade Secrets, Records of attorneys who represent the state, Reports
that result in unfair competition, Appraisal information for public land purchases
Criminal files, Military confidential records, Personal information in records of employees
and elected officials of public agencies, Library records, Information on the donors of
charitable contributions, Corrections department information that would jeopardize
security, Communications made to the government but not required by statute,
Examinations, Archaeological and historical ecologically sensitive material locations
and information, Marketing and advertising budgets and strategies for non-profits,
Information maintained by mediators employed to solve the disputes with government
agencies.
71
Who Can Make the Request?
Anyone
Response Timeframe
10-20 days.
72
Information on Fees
Fee practices in Iowa tend to be vague. Reproduction fees must be charged at
a “reasonable” amount, and each agency is in charge with coming up with its own
procedures. Furthermore, search fees do not exist in Iowa, instead using supervisory
fees, again at reasonable cost.
73
Enforcement Mechanisms
Language making denying or refusing a request knowingly a misdemeanor was
repealed in 2011. Currently if an agency or other custodian of records is found by judicial
review to be guilty of improperly denying a request they can expect to be forced to
release the denied documents, and can expect a fine of not more than $500 and not
less than $100. If they knowingly denied the request improperly then a maximum fine
of $2,500 or a minimum of $1,000 can be levied. Furthermore, the agency or custodian
found to be guilty must also pay the plaintiff’s attorney fees. If an agency employee is
found to have violated the chapter previously, then an order for removal of office or
post will be given. The laws are enforced through the courts as well as the Iowa Public
Information Board.
74
Attorney Fees
Yes, if one is able to prevail in court then attorney’s fees can be rewarded.
75
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Kansas
Statutory Citation
KSA 45-215 et. seq.
Definition of Public Record
The act defines public records as any records that are created or kept in public agencies
and that pertain to the workings of the government.
93
Exemptions to Public Records
Personnel information of public employees, Medical treatment records, Records
protected by attorney-client privilege, Records closed by rules of evidence, Notes and
preliminary drafts, Criminal investigation records, Records the disclosure of which
is restricted or prohibited by a, Tribal State Gaming Compact, Records specifically
exempt from disclosure under the Kansas expanded lottery act (KELA) and the Kansas
parimutuel racing act, Other types of records generally not related to racing and
gaming, which can be found in K.S.A. 45-221, KRGC is only required to provide public
records that already exist. There is no requirement for any agency to create a record
upon request.
Who Can Make the Request?
Anyone
Response Timeframe
3 days.
94
Information on Fees
Agencies are allowed to charge for the actual cost of their employees searching and
copying records and time spent on the request. Electronic records may only be charged
for any computer services necessary to fulfill the request and for staff time. Agencies
may charge advanced payment in Kansas.
95
Enforcement Mechanisms
The KORA can be enforced by the Attorney General, a county/district attorney, or by
private citizens. Any person, the Attorney General, or a County/District attorney, may
file a KORA law suit in district court. If an agency is found guilty by a court of knowingly
violating KORA then they can be fined up to $500 and attorney fees will be awarded to
the prevailing party.
96
Attorney Fees
Yes, if you are able to prevail in your appeal then attorney fees can be awarded.
97
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Kentucky
Statutory Citation
Kentucky Revised Statute Chapter 61.870 et seq.
Definition of Public Record
A public record is defined as including, “all books, papers, maps, photographs, cards,
tapes, discs, diskettes, recordings, software, or other documentation regardless of
physical form or characteristics, which are prepared, owned, used, in the possession
of or retained by a public agency.”
98
Exemptions to Public Records
There are 42 exemptions. See KY Rev Stat § 61.878 (2021) for the complete list.
Who Can Make the Request?
Anyone.
Response Timeframe
3 Days.
99
Information on Fees
An agency cannot charge for searching, only for copying for noncommercial requests.
For noncommercial, agencies can charge at actual cost for their time copying
records. Commercial requests can have both search and copying charged for and
this can be done at “reasonable” charge. The case Friend v. Rees, 696 S.W.2d 325 (Ky.
Ct. App.,1985) found that 10 cents was a reasonable fee.
100
Enforcement Mechanisms
There are no penalties for a noncompliant agency, although if the requester wins in
court attorneys fees can be covered and at the discretion of the court they may be
awarded $25 per day the agency was in violation of the act.
101
Attorney Fees
Yes, if you prevail in your case.
102
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Louisiana
Statutory Citation
La.R.S. 44:1 etseq.
Definition of Public Record
Section LA 44.01.2(a) defines public records as, “All books, records, writings, accounts,
letters and letter books, maps, drawings, photographs, cards, tapes, recordings,
memorandum, and papers, and all copies, duplicates, photographs, including
microfilm, or other reproductions thereof, or any other documentary materials,
regardless of physical form or characteristics, including information contained in
electronic data processing equipment, having been used, being in use, or prepared,
possessed, or retained for use in the conduct, transaction, or performance of any
business, transaction, work, duty, or function which was conducted, transacted, or
performed by or under the authority of the constitution or laws of this state, or by or
under the authority of any ordinance, regulation, mandate, or order of any public body
or concerning the receipt or payment of any money received or paid by or under the
authority of the constitution or the laws of this state, are “public records”, except as
otherwise provided in this Chapter or the Constitution of Louisiana.”
103
Exemptions to Public Records
Exempt: Pending criminal litigation; juvenile status offenders; sexual offense victims;
security procedures; trade secrets; and some public employee information.
104
Who Can Make the Request?
Anyone.
Response Timeframe
3 Days.
105
Information on Fees
The agency may only charge fees for situations in which the requester asks to inspect
records outside of regular business hours. They may charge “reasonable” fees for
duplication.
106
Enforcement Mechanisms
You can take the agency to court. “A. Any person who has been denied the right to
inspect, copy, reproduce, or obtain a copy or reproduction of a record under the
provisions of this Chapter, either by a determination of the custodian or by the passage
of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date
of his in-person, written, or electronic request without receiving a determination in
writing by the custodian or an estimate of the time reasonably necessary for collection,
segregation, redaction, examination, or review of a records request, may institute
proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief,
together with attorney fees, costs and damages as provided for by this Section, in the
district court for the parish in which the office of the custodian is located.” Louisiana
Revised Statutes §44.35
107
Attorney Fees
Yes, you can win attorney’s fees.
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Maine
Statutory Citation
M.R.S.A. Title 1, Chapter 13.
Definition of Public Record
The act defines public records as, “any written, printed or graphic matter or any mechanical
or electronic data compilation from which information can be obtained, directly or after
translation into a form susceptible of visual or aural comprehension, that is in the possession
or custody of an agency or public official of this State or any of its political subdivisions, or
is in the possession or custody of an association, the membership of which is composed
exclusively of one or more of any of these entities, and has been received or prepared for use
in connection with the transaction of public or governmental business or contains information
relating to the transaction of public or governmental business.”
108
Exemptions to Public Records
Exempt in records: Certain law enforcement investigation documents; records of legislature;
and university administrative committees.
109
Who Can Make the Request?
Anyone
Response Timeframe
Rejections must occur within 5 days.
110
Information on Fees
Fees may cover copies and search time at a rate no greater than $15 an hour.
111
Enforcement Mechanisms
One may file an appeal in court. “Any person aggrieved by a refusal or denial to inspect
or copy a record or the failure to allow the inspection or copying of a record under section
408-A may appeal the refusal, denial or failure within 30 calendar days of the receipt of
the written notice of refusal, denial or failure to the Superior Court within the State for the
county where the person resides or the agency has its principal office. The agency or official
shall file a statement of position explaining the basis for denial within 14 calendar days of
service of the appeal. If a court, after a review, with taking of testimony and other evidence as
determined necessary, determines such refusal, denial or failure was not for just and proper
cause, the court shall enter an order for disclosure. Appeals may be advanced on the docket
and receive priority over other cases when the court determines that the interests of justice
so require.” Maine Revised Statutes, Title 1, Chapter 13, Subchapter 1 § 409
112
Attorney Fees
Yes. “In an appeal under subsection 1 or 2, the court may award reasonable attorney’s fees
and litigation expenses to the substantially prevailing plaintiff who appealed the refusal
under subsection 1 or the illegal action under subsection 2 if the court determines that the
refusal or illegal action was committed in bad faith. Attorney’s fees and litigation costs may
not be awarded to or against a federally recognized Indian tribe.” Maine Revised Statutes,
Title 1, Chapter 13, Subchapter 1 § 409(4)
113
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Maryland
Statutory Citation
Md. Ann. Code art. GP, § 4-101 (2014)
Definition of Public Record
Public records are defined by the Code of Maryland as documents in any form, made
or received by a public body which pertain to government business.
114
Exemptions to Public Records
Exempt: Information that invades individual privacy; trade secrets; public policy
development memos; and investigative materials.
115
Who Can Make the Request?
Anyone
Response Timeframe
30 days.
116
Information on Fees
An official custodian is permitted to charge an applicant a reasonable fee to search
for, prepare and reproduce a public record in a customized format. § 4-206(b)(1)(i). For
records produced in standard format, an official custodian may charge a reasonable
fee for the actual costs of the search, preparation, and production. § 4-206(b)(1)(ii). An
official custodian may not, however, charge a fee for the first two hours spent searching
for a public record and preparing it for inspection. § 4-206(c). A reproduction fee may
not be set by the custodian if the fee is provided for by another law. § 4-206(d)(1).
The custodian may charge for the cost of providing facilities for reproduction if the
custodian does not have such facilities. § 4-206(d)(2).
117
Enforcement Mechanisms
Section 4-362(a) authorizes any person or governmental unit that has been denied
inspection of a public record to file a complaint in the circuit court for the county where
the complainant resides or has a principal place of business, or where the public record
is located. The circuit court may enjoin the State, a political subdivision, or a unit, an
official, or an employee of the State or a political subdivision from withholding the
public record or a copy, printout or photograph of the record; order the production
of the withheld record or copy, printout or photograph, and award actual damages
including attorneys’ fees to the complainant if the Court finds that the complainant
substantially prevailed in the suit seeking enforcement of the Act. § 4-362(c), (f);but
see ACLU v. Leopold, 223 Md. App. 97, 123 (2015) (“actual damages” under the statute
does not include emotional damages).
118
Attorney Fees
Yes, in addition to “statutory damages” of up to $1,000 for the whole case.
119
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Massachusetts
Statutory Citation
G. L. c. 4, § 7(26)
Definition of Public Record
Public records are defined as all books, papers, maps, photographs, recorded tapes,
financial statements, statistical tabulations, or other documentary materials or data,
regardless of physical form or characteristics, made or received by any officer or
employee of any agency.
120
Exemptions to Public Records
Exempt: Information that would invade individual privacy; trade secrets; public policy
development memos; and investigative materials. The Office of the Governor is also
exempt.
121
Who Can Make the Request?
Anyone.
Response Timeframe
10 days.
122
Information on Fees
A common tactic among agencies that can’t reject a request outright is to claim that
processing the request would generatethousands of dollars in fees, in effect holding the
documents “hostage.” Most commonly, you see this with emails, with agencies arguing
that they needed to print them out and hand-redact them to ensure the integrity of
the document. While these can be appealed with some success, it does help to keep
requests as narrow as possible. Agencies may not charge for the first four (4) hours
of employee time spent in responding to a records request; for municipalities, it is the
first two (2) hours. After this the agency and municipality may charge a maximum rate
of $25 per hour. Municipalities, but not agencies, may exceed this rate if the request is
for a commercial purpose or the requested fee reflects the actual cost to comply. If a
records officer fails to respond within 10 business days, no fee may be charged.
123
Enforcement Mechanisms
The Supervisor of Public Records is the primary enforcer of the public records law
within the state. Appeals should be sent to his office. From there, the SPR can order
the custodian to comply; further refusal to do so may result in referral to the Attorney
General or the appropriate district attorney, although this is rare.
124
Attorney Fees
The Superior Court may award attorney fees, except under four specific circumstances:
(i) the supervisor of public records finds the agency or municipality did no violate
the law. (ii) the agency or municipality based their denial on a published decision of
the appellate court or attorney general. (iii) the request was intended to harass or
intimidate. (iv) the request was not in the public interest or was made for a commercial
purpose unrelated to disseminating information to the public.
125
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Michigan
Statutory Citation
Mich. Comp. Laws Ann. §15.231 etseq.
Definition of Public Record
Records are defined as a writing which encompasses handwriting, typing, printing,
photographing, photocopying, and every other means of recording, and includes
letters, words, pictures, sounds, or symbols, or combinations thereof, or other means of
recording or retaining meaningful content prepared, owned, used, in the possession of,
or retained by a public body in the performance of an official function, from the time it
is created.”
126
Exemptions to Public Records
Exempt: Information deemed private; trade secrets; advisory communications with
government agencies; attorney-client communications; medical counseling and
psychological facts or appraisals; records of campaign committees; and some law
enforcement records.
127
Who Can Make the Request?
Anyone other than incarcerated felons.
128
Response Timeframe
5 days.
129
Information on Fees
A fee will be charged for a public record search, copying for inspection or for
providing acopy of a public record. Fees are limited to actual mailing costs and to
the actualincremental cost of duplication or publication including labor, the cost of
search,examination, review, and deletion and separation of exempt from nonexempt
informationas provided for in the FOIA. This time and work will be charged at the hourly
rate,including benefits, of the lowest paid University employee capable of performing
the tasknecessary to comply with the request under the FOIA.
130
Enforcement Mechanisms
Litigation is the only resource for rejected requests.
131
Attorney Fees
Yes, provided you win your appeal in court.
132
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Minnesota
Statutory Citation
Minn. Statutes 13.01 etseq.
Definition of Public Record
Public records are defined as all data collected, created, received, maintained or
disseminated by any government entity regardless of its physical form, storage media
or conditions of use.
133
Exemptions to Public Records
Exempt: Juvenile court records; and some personnel information.
134
Who Can Make the Request?
Anyone.
Response Timeframe
No timeframe is specified.
135
Information on Fees
The MGDPA is unclear on many of the facets of FOIA fees. In person inspection carries
no charge, and government records that are electronic can be charged for the time
spent searching for and duplicating the records electronically, but may not charge for
redaction or legal review. Agencies in Minnesota have begun charging for search time
and labor costs on lengthy requests and this practice has been held up on appeal.
Paying for FOIA has been a growing issue for records requesters in Minnesota, and looks
to be getting worse not better.
136
Enforcement Mechanisms
$300 fine can be levied by a court ordering an agency to grant access. It may also be
classified as a misdemeanor depending if it was a willful violation or not. If it is filed as a
misdemeanor the offending FOIA officer could be suspended without pay, or lose their
job.
137
Attorney Fees
Yes, you can win attorney’s fees.
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Mississippi
Statutory Citation
Miss. Code Ann. 25-61-1 etseq.
Definition of Public Record
Records are defined as “all books, records, papers, accounts, letters, maps,
photographs, films, cards, tapes, recordings or reproductions thereof, and any
other documentary materials, regardless of physical form or characteristics, having
been used, being in use, or prepared, possessed or retained for use in the conduct,
transaction or performance of any business, transaction, work, duty or function of any
public body, or required to be maintained by any public body.”
138
Exemptions to Public Records
Exempt: Personnel matters; employment applications; individual tax records;
academic examination questions; appraisal information concerning the sale or
purchase of property for public purposes; and attorney work product concerning
litigation.
139
Who Can Make the Request?
Anyone.
Response Timeframe
TheMississippi Public Records Actstates that, if not decided upon by the individual
department, departments have one working day to respond to PRA requests. However,
departments may establish their own time limits of up to fourteen working days.
140
Information on Fees
Fees must be “reasonably calculated to reimburse [the public body] for, and in no
case to exceed, the actual cost of searching, reviewing and/or duplicating and, if
applicable, mailing.” § 25-61-7(1). An agency may not charge more than “actual
cost,”Roberts v. Miss. Republican Party State Executive Comm.,465 So. 2d 1050, 1054
(Miss. 1985). This was held to apply even when a city conducted expensive aerial
photography and mapping of local areas.SeeAtt’y Gen. Oct. 5, 1994 to Gex. There is
no statutory authority for chancery clerks to charge a flat monthly fee to abstractors
for use of their office fax machine to transmit records to members of the public. Att’y
Gen. No. 2002-344, Sept. 13, 2002 to Crook. Where the statute authorizes a court clerk
to charge a fee, the fee does not count against the cap on the clerk’s compensation.
Att’y Gen. No. 96-003, Feb. 7, 1996 to Carpenter.
141
Enforcement Mechanisms
The act may be enforced either through the Mississippi Ethics Commission or through
a lawsuit filed in chancery court. In court, suit must be filed in the chancery court of
the county in which the public body sits. § 25-61-13(1). Proceedings take precedence
over all other matters on the court docket. § 25-61-13(3).
142
Attorney Fees
Yes, you can win attorney’s fees.
143
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Missouri
Statutory Citation
Mo. Code §610.023 et seq.
Definition of Public Record
Records are defined by Missouri law as “any record, whether written or electronically
stored, retained by or of any public governmental body including any report, survey,
memorandum, or other document or study prepared for the public governmental
body by a consultant or other professional service paid for in whole or in part by
public funds, including records created or maintained by private contractors under
an agreement with a public governmental body or on behalf of a public governmental
body.”
144
Exemptions to Public Records
Personnel records, social security information, proprietary information in science or
technology, personal financial information, law enforcement techniques and active
cases, many kinds of medical records, scholastic information and sealed bids.
145
Who Can Make the Request?
Anyone
Response Timeframe
3 days.
146
Information on Fees
Searches must be conducted in the most efficient way possible but searches can be
charged for at actual cost of labor. Copying is charged for at actual cost of labor and
the cost of the paper or electronic means used in duplication. Copy fees should not
exceed 10 cents per page.
147
Enforcement Mechanisms
Any aggrieved person, any Missouri taxpayer or citizen, the Attorney General or
prosecuting attorney may seek judicial enforcement of the Sunshine Law. Mo.Rev.
Stat. § 610.027.1. The Attorney General takes a role in enforcing the Sunshine Law,
including issuing opinions regarding the scope of the Law.
148
The Attorney General is
authorized to sue to enforce the Sunshine Law (Mo.Rev.Stat. § 610.027.1), but the office
rarely initiates litigation, although it may file a brief as amicus curiae.
149
Attorney Fees
Yes, if you win your appeal in court.
150
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Montana
Statutory Citation
Montana Code 2-6-101 etseq.
Definition of Public Record
The original definition of records includes all writings of government bodies including
electronic mail. However, it has been expanded to include all items in “electronic
format or other non-print media, including but not limited to videotapes, photographs,
microfilm, film, or computer disk.”
151
Exemptions to Public Records
Exempt: Records may be closed if the right to individual privacy clearly exceeds the
public’s right to know. However, the Montana Supreme Court has upheld challenges
to statutes or executive branch decisions that closed records, ruling that the
constitutional public right to know outweighed the individual privacy interest.
152
Who Can Make the Request?
TheMontana Public Records Actstats 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.
153
Response Timeframe
No time limits are specified.
154
Information on Fees
An executive order by the Office of the Governor in 1996 made 10 cents a page the
statewide copying charge. The first half hour of search time is free, after that there is
an $8.50 an hour charge.
155
Enforcement Mechanisms
There are no penalties for agencies in violation of the Montana FOIA.
156
There is no
specific provision for enforcement under the act, and most provisions are enforced
through citizen-initiated lawsuits.
157
Attorney Fees
Yes, you can win them.
158
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Nebraska
Statutory Citation
Nebraska Statutes §84-712.01etseq.
Definition of Public Record
Public records include all documents, no matter the form, belonging to any government
agency.
159
Exemptions to Public Records
Exempt: Personal information on student and personnel records; medical records;
trade secrets; academic and scientific research; attorney work product; law
enforcement or investigative records; some archeological records; and real estate
appraisals.
160
Who Can Make the Request?
Anyone.
Response Timeframe
4 days.
161
Information on Fees
Individuals that wish to inspect and make copies on their own equipment may do so
at no additional cost. Agencies can charge fees, but they must not exceed the actual
costs to provide the record. The agency shall not charge for the first four hours of staff
time; after that time, a special service fee may be charged, but it may not include the
cost of an attorney to review the materials.NRS 84-712.03(c)
162
Enforcement Mechanisms
Though there are no provisions for an administrative appeal option, an informal
appeal to the head of the agency may prove effective. The law provides for judicial
relief by filing a writ of mandamus in the district court. One may also petition the
Attorney General.NRS 84-712.03
163
Attorney Fees
The court may award a prevailing complainant reasonable attorney’s fee.
164
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Nevada
Statutory Citation
N.R.S. 239 etseq.
Definition of Public Record
Public records includes all books and records of all government entities.
165
Exemptions to Public Records
There are over 300 exemptions. See N.R.S. 239.0105, N.R.S. 239.013, and N.R.S. 239.014.
Who Can Make the Request?
Anyone
Response Timeframe
5 days.
166
Information on Fees
Agencies can charge fees, but they must not exceed the actual costs to provide the
record, and they can’t charge more than 50 cents per page.NRS 239.052
167
Enforcement Mechanisms
There are no administrative appeals options. However, you can take the matter to
the district court in the county in which the request was filed. In court, if the request
prevails, he or she is entitled to attorney’s fees.NRS 239.011
168
Attorney Fees
Yes, you can win attorney’s fees.
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New Hampshire
Statutory Citation
R.S.A. Ch.91-A
Definition of Public Record
Public records are any information created, accepted, or obtained by, or on behalf of,
any public body.
169
Exemptions to Public Records
Exempt in records: Investigative files; parole and pardon board records; student
records; and certain commercial/financial information.
170
Who Can Make the Request?
TheNew Hampshire Right to Know Lawindicates that all “citizens” have a right to
access New Hampshire’s records. However, the law does not specify whether it is
citizens of New Hampshire or the United States.
171
Response Timeframe
5 days.
172
Information on Fees
Only reproduction costs can be charged.
173
Enforcement Mechanisms
Through the Attorney General “any person aggrieved by a violation of this chapter
may petition the superior court for injunctive relief.”
174
Attorney Fees
Yes, you can win attorney’s fees.
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New Jersey
Statutory Citation
New Jersey S.A. 47:1A-13 (Open Public Records Act – OPRA)
Definition of Public Record
Public records includes any paper, written or printed book, document, drawing,
map, plan, photograph, microfilm, data processed or image processed document,
information stored or maintained electronically or by sound-recording or in a similar
device, or any copy thereof, that has been made, maintained or kept on file.
175
Exemptions to Public Records
Any documents prepared by or for a member of the State Legislature, and the Office
of the Governor in certain cases where they deem the information requested to be
confidential.
176
Who Can Make the Request?
Anyone but convicted criminals seeking information on victims may request public
documents from the state.
177
Response Timeframe
7 days.
178
Information on Fees
Electronic copies should be provided without a fee, however a fee can be charged for
the transmission medium the electronic copy is sent by (CDs, DVDs, etc.). For paper
copies: * first page to tenth page, $0.75 per page; * eleventh page to twentieth page,
$0.50 per page; * all pages over twenty, $0.25 per page.
179
Enforcement Mechanisms
A person who is denied access to a government record, at the option of the requester,
may institute a proceeding to challenge the custodian’s decision by filing an action in
Superior Court or file a complaint with the Government Records Council established
pursuant to OPRA. (See N.J.S.A. 47:1A-6)
180
Attorney Fees
Yes, you can win attorney’s fees.
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New Mexico
Statutory Citation
NMSA (1978) 14-2 et seq.
Definition of Public Record
The New Mexico Statute 14-2-6 states that records include “all documents, papers,
letters, books, maps, tapes, photographs, recordings and other materials, regardless
of physical form or characteristics, that are used, created, received, maintained or
held by or on behalf of any public body and relate to public business, whether or not
the records are required by law to be created or maintained.”
181
Exemptions to Public Records
Exempt: Physical or mental examinations and medical treatment; letters of reference
concerning employment, licensing or permits; matters of opinion in personnel files or
students’ cumulative files; law enforcement records that reveal confidential sources,
methods, information orindividuals accused but not charged; identity of applicant or
nominee for president of institution of learning but names of at least five finalists must
be released at least 21 days before selection is made.
182
Who Can Make the Request?
Anyone.
Response Timeframe
3 days.
183
Information on Fees
The AG has stated that fees must be kept to actual cost of copying. Search fees are
not permitted in New Mexico.
184
Enforcement Mechanisms
The Attorney General or District Attorney in the jurisdiction has authority to enforce the
Inspection of Public Records Act. NMSA 1978 § 14-2-12(A)(1) (1993). Any person whose
request has been denied may enforce the Act. § 14-2-12(A)(2) (1993). A previously
unnamed principal may enforce Inspection of Public Records Act, either directly in its
own name or through its agent.
185
Attorney Fees
Yes, you can win attorney’s fees.
186
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New York
Statutory Citation
N.Y. Pub. Off. Law Ch. 47 Art. 6 § 84
Definition of Public Record
A record is defined as any information kept, held, filed, produced, or reproduced by, with
or for an agency or the state legislature, in any physical form whatsoever. Documents
are still covered by the act if a promise of confidentiality has been given, if they are in
temporary possession of someone else, or if they originated outside the government
but have come into possession of the government.
187
Exemptions to Public Records
Exempt: Disclosures resulting in unwarranted invasion of privacy or business/
competition enterprises; names of sex crime victims; and some law enforcement
records and inter/intra-agency materials.
188
Who Can Make the Request?
Anyone.
Response Timeframe
5 days.
189
Information on Fees
Fees may cover search time after the first two hours and copying costs as appropriate.
190
Enforcement Mechanisms
One may appeal or sue. “4. (a) Except as provided in subdivision five of this section,
any person denied access to a record may within thirty days appeal in writing such
denial to the head, chief executive or governing body of the entity, or the person
therefor designated by such head, chief executive, or governing body, who shall
within ten business days of the receipt of such appeal fully explain in writing to the
person requesting the record the reasons for further denial, or provide access to the
record sought. ” N.Y. Pub. Off. Law Ch. 47 Art. 6 § 87(c).
191
If a FOIL request is denied
by an agency, and an administrative appeal to the agency results in upholding the
denial, the requester has the option of commencing legal action (known as an Article
78 proceeding) against the agency in which a New York State Supreme Court judge will
decide the merits of the disclosure issue under FOIL. Many such legal cases are brought
by news organizations as surrogates for the public.
192
Attorney Fees
Yes, you can win attorney’s fees.
193
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North Carolina
Statutory Citation
G.S. §132-1
Definition of Public Record
Records include all documents, no matter the physical form, “made or received
pursuant to law or ordinance in connection with the transaction of public business by
any agency.”
194
Exemptions to Public Records
Exempt: Confidential legal communications; criminal investigations; and intelligence
information.
195
Who Can Make the Request?
Anyone
Response Timeframe
There is no time limit. Section § 132-6 of the North Carolina Public Records Law states
that a custodian of public records shall make them available “at reasonable times
and under reasonable supervision by any person, and shall, as promptly as possible,
furnish copies thereof upon payment of any fees as may be prescribed by law.”
196
Information on Fees
Agencies are only allowed to charge copying fees, unless an “extensive amount of
labor” is involved. The State Chief Information Office can mediate fees.
197
Enforcement Mechanisms
Enforcement through Civil Court.
198
Attorney Fees
Yes, you can win attorney’s fees.
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North Dakota
Statutory Citation
NDCC 44-04-18 et seq
Definition of Public Record
North Dakota law defines records as, “recorded information of any kind, regardless
of the physical form or characteristic by which the information is stored, recorded, or
reproduced, which is in the possession or custody of a public entity or its agent and
which has been received or prepared for use in connection with public business or
contains information relating to public business.”
199
Exemptions to Public Records
Exempt: Juvenile records; trade secrets; public employee medical and assistance
records; workers compensation; unemployment; tax information; law enforcement
investigation records; and most Department of Human Services records.
200
Who Can Make the Request?
Anyone
Response Timeframe
No timeframe is specified.
201
Information on Fees
A public entity can charge for providing records, and may require payment of any
estimated charges before fulfilling an open record request.
202
Enforcement Mechanisms
Any interested person may request an attorney general’s opinion to review a written
denial of a request for records. N.D.C.C. § 44-04-21.1(1). If the attorney general issues a
written opinion concluding that a violation has occurred, the public entity has seven
days after the opinion is issued, regardless of whether a civil action is filed, to disclose
the record. N.D.C.C. § 44-04-21.1(2). If the public entity fails to disclose the record
within the seven-day period and the person requesting the opinion prevails in a civil
action brought under N.D.C.C. § 44-04-21.2, the requestor must be awarded costs,
disbursements, and reasonable attorney’s fees in the action and on appeal.
203
Attorney Fees
You can win attorney’s fees along with damages.
204
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Ohio
Statutory Citation
Ohio Rev. Code sec. 149.43 et seq.
Definition of Public Record
Records include all records kept by any public office as well as records of both non-
profit and for-profit private schools.
205
Exemptions to Public Records
Exempt: Personal bank records; medical records; adoption records; probation and
parole records; and certain law enforcement investigative records.
206
Who Can Make the Request?
Anyone.
Response Timeframe
Timeframe not specified.
207
Information on Fees
In general, fees of the actual cost of materials, but not labor, may be charged. The
Department of Motor Vehicles may charge additional fees for data requested for
marketing or other commercial purposes.
208
Enforcement Mechanisms
Enforcement is primarily through lawsuits, and a request does not need to be rejected
before a requester may sue. Courts may award attorneys fees in many cases, and
must if the agency simply ignored the request or misses a promised response date.
In addition, a court may award a $100 per business day in punitive fees.
209
Attorney Fees
Although it is not guaranteed, you can still win your attorney fees provided you win
your appeal in court.
210
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Oklahoma
Statutory Citation
Title 51 Oklahoma Statutes § 24A.1 et seq.
Definition of Public Record
Section 24A.2 defines records as “all documents, including, but not limited to, any book,
paper, photograph, microfilm, data files created by or used with computer software,
computer tape, disk, and record, sound recording, film recording, video record or other
material regardless of physical form or characteristic, created by, received by, under
the authority of, or coming into the custody, control or possession of public officials,
public bodies, or their representatives in connection with the transaction of public
business, the expenditure of public funds or the administering of public property.” This
specifically includes all records of the transfer of public funds.
211
Exemptions to Public Records
Exempt: If protected by state evidentiary privilege; real estate appraisals; personnel
records; registration files of sex offenders; public officials’ personnel notes; business-
related bids; computer programs; medical market research; and certain educational
records including student records.
212
Who Can Make the Request?
Anyone.
Response Timeframe
Timeframe not specified.
213
Information on Fees
Request fees are generally limited to the direct cost of materials required in fulfilling
the request and not to exceed 25 cents per page for 8 1/2 by 14 inches or less. However,
requests deemed purely commercial (which does not include media requesters) or
which would be unduly burdensome may recover fees for search time.
214
Enforcement Mechanisms
There is no formal appeal process, so litigation is the primary enforcement mechanism.
Officials found guilty of violating the act may be fined up to $500.
215
Attorney Fees
Yes, you can win attorney’s fees.
216
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Oregon
Statutory Citation
O.R.S. 192.410 etseq.
Definition of Public Record
The ORS 192.410(4)(a) says that a public record includes any writing that contains
information that relates to the conduct of the public’s business, is prepared, owned,
used or maintained by a public body regardless of physical form or characteristics.
If a record (a) does not relate to the conduct of the public’s business and (b) is
contained on a privately owned computer”, then it is not a public record as defined
in the law.
217
Exemptions to Public Records
Exempt: Records less than 75 years old containing information on the health
care treatment of a living individual; impending litigation; trade secrets; criminal
investigation materials; testing materials; real estate appraisals; personnel
disciplinary action; and computer programs.
218
Who Can Make the Request?
Anyone
Response Timeframe
Timeframe not specified.
Information on Fees
Fees must be kept to the actual costs of searching for and copying records. If the fee
will exceed $25 the agency must first give you an estimate and ask if you want to
proceed.
219
Enforcement Mechanisms
The Attorney General’s role in enforcing the Public Records Law varies depending
upon the circumstance. A person challenging the denial of a records request to a
state agency (but not an elected official) can seek review from the Attorney General.
ORS 192.411(1) (formerly ORS 192.450). If the Attorney General determines that the
requested records should not be disclosed and the requestor seeks judicial review of
that determination, the Attorney General will serve as counsel for the state agency.
ORS 192.411(3).
220
The 2017 Legislature created the office of the Public Records Advocate.
ORS 192.461-192.475. The Public Records Advocate’s role is to “provide facilitated
dispute resolution services” when requested by either a requestor of public records
held by a state agency or by the state agency itself. ORS 192.464.
221
Attorney Fees
Reasonable attorney’s fees can be won if the requestor wins the case. Even if the
victory is only in part, attorney’s fees can still be awarded at the discretion of the court.
If an agency fails to comply with an Attorney General order to release documents
within seven days, attorney’s fees will also be awarded even before any litigation in
court.
222
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Pennsylvania
Statutory Citation
65 Pennsylvania Statute § 67.101 et seq. (Right-to-Know Law)
Definition of Public Record
The Pennsylvania Right to Know Law defines records as, “information, regardless
of physical form or characteristics, that documents a transaction or activity of an
agency and that is created, received or retained pursuant to law or in connection
with a transaction, business or activity of the agency.”
223
Exemptions to Public Records
Personnel records are exempted, including public employees’ private information,
and donor information. Trade secrets, work files of public servants and professors of
higher learning, records that would compromise the security of a computer network,
records that could damage law enforcement’s efforts to protect national security
and the public, and records that would result in loss of funding for the agency or
state are all considered exempt.
224
Who Can Make the Request?
Any United States citizen.
225
Response Timeframe
5 days.
226
Information on Fees
Fees in Pennsylvania are fairly limited. Agencies can charge for actual cost of
duplicating records, but may not charge for review of documents or searching for
them. The only other fee allowed to be charged is if the agency incurs a cost in
processing the request, i.e. if they have to put it on a CD or if they have to do an
extensive server search which involves outside professionals.
227
Enforcement Mechanisms
The Office of Open Records can issue advisory opinions for court cases involving
public records. For “bad faith” offenses a court can issue a civil penalty of a fine of
$1,500. If an agency does not comply with a court order and turn over records they
are subject to a fine of $500 per day that the records have not been turned over.
228
Attorney Fees
Yes, you can win attorney’s fees.
229
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Rhode Island
Statutory Citation
R.I. Gen. Laws§§38-2-1
Definition of Public Record
Public records are all documents, no matter their physical form that are “made or
received pursuant to law or ordinance or in connection with the transaction of official
business by any agency.”
230
Exemptions to Public Records
Privacy concerns, the protection of law enforcement techniques and investigations,
trade secrets, preliminary work product or negotiation records, personal financial
records, and school test results are all covered. One of the more unique exemptions
is that all communications between elected officials in Rhode Island and their
constituents are exempt from disclosure.
231
Who Can Make the Request?
Anyone
Response Timeframe
Rhode Island law allows 10 days for a public body to deny a request. If the agency
does not respond within 10 days, it is deemed a denial.
232
Information on Fees
The language in the law states that “cost per copied page of written documents
provided to the public shall not exceed fifteen cents ($.15) per page for documents
copyable on common business or legal size paper. A public body may not charge
more than the reasonable actual cost for providing electronic records,”R.I. Gen. Laws
§ 38-2-4(a). Costs for search time is limited to $15.00 an hour. Agencies are required
to give the requester an estimate of costs, and upon request itemized breakdowns of
where costs are being incurred.
233
Enforcement Mechanisms
The Act is enforced by the Attorney General or by a private party through an action
for injunctive or declaratory relief in the superior court of the county where the record
is maintained. R.I. Gen. Laws § 38-2-8
234
Attorney Fees
Yes, provided you win your case.
235
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South Carolina
Statutory Citation
S.C. CodeAnn. §30-4-10to 30-4-55
Definition of Public Record
South Carolina’s definition of records includes all records, no matter their physical
characteristics, that were “prepared, owned, used, in the possession of, or retained
by a public body.”
236
Exemptions to Public Records
Exempt: Pending investigation documents; confidential attorney communications;
identification of informants; certain bank and business transactions; and income
tax returns.
237
Who Can Make the Request?
Anyone
Response Timeframe
15 days
238
Information on Fees
Agencies can charge fees, but they must not exceed the actual costs to provide the
record.
239
Enforcement Mechanisms
There are no administrative appeals options. However, you can take the matter
court. Those with prevailing challenges may be awarded attorney fees. In addition,
willful violators are subject to escalating fines and potential jail time as a result of its
misdemeanor status. However, there is no historical precedent for this, and to date
there have only been not guilty verdicts rendered for those who claimed they had
no knowledge of how they were breaking the law.
240
Attorney Fees
Yes, you can win attorney’s fees.
241
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South Dakota
Statutory Citation
SDCL Chapter 1-27
Definition of Public Record
Public records are defined as all records kept by public bodies in South Dakota, no
matter the physical form. The state also offers OpenSD, a search-able website with
many public documents available.
242
Exemptions to Public Records
Exempt: Savings and loan association reports; school records; juvenile court records;
adoption records; hospital licensing and inspection information; and medical
research information.
243
Who Can Make the Request?
Anyone.
Response Timeframe
Timeframe not specified.
244
Information on Fees
The state’s fee provision states that fees must be kept to actual cost for mailing,
transmittal, or reproduction. Fees can be incurred after one hour of employee labor
time.
245
Enforcement Mechanisms
The civil options are a lawsuit or administrative hearing with appeal to circuit court.
SDCL §1-27-38.
246
Although the open records statutes do not provide any specific
criminal sanctions, the criminal code, itself, makes it a felony to destroy, conceal,
remove or impair the availability of any public record. SDCL §22-1-24. Therefore, it
is logical to conclude that the local states attorneys would/should enforce the act.
However, there are no recorded cases of prosecutions for open records violations.
247
Attorney Fees
It is possible, but the RCFP guide to South Dakota public records states that they are
unlikely to be granted.
248
OPEN MY GOVERNMENT
Goldwater Institute
54
Tennessee
Statutory Citation
Tenn. CodeAnn. 10-7-503 etseq.
Definition of Public Record
Records are defined as any documents, no matter the physical form which
are “made or received pursuant to law or ordinance or in connection with the
transaction of official business by any governmental agency.”
249
Exemptions to Public Records
Exempt: Medical records of patients in state institutions; some investigative records;
public school student records; and some economic development issues, such as
land acquisition.
250
Who Can Make the Request?
Any citizen of Tennessee.
251
Response Timeframe
7 days.
252
Information on Fees
.15 cents per page for each standard 8 ½ x11 or 8 ½ x14 black and white copy. .50
cents per page for each 8 ½ x11 or 8 ½ x14 color copy. The first hour of labor is free, but
the records custodian is permitted to charge the hourly wage of the employee(s)
reasonably necessary to produce the requested records.
253
Enforcement Mechanisms
Individual citizens. For sanctions, The Act allows for the recovery of court costs and
attorney’s fees, but only if the refusal to disclose was willful. T.C.A. § 10-7-505(g).
254
Attorney Fees
The court has the discretion to award attorney’s fees if, “the court finds that a
governmental entity, or agent thereof, refusing to disclose a record knew that such
record was public and willfully refused to disclose it.” T.C.A. § 10-7-505(g) (1999).
255
OPEN MY GOVERNMENT
Goldwater Institute
55
Texas
Statutory Citation
Texas Government Code 552 (Public Information Act)
Definition of Public Record
The law covers nearly all documents that are in the possession of government agencies
in the state that are covered by the law. Section 552.002 says that information is
public if it “is collected, assembled, or maintained under a law or ordinance or in
connection with the transaction of official business” by a governmental body or for a
governmental body, and the governmental body owns the information or has a right
of access to it.
256
Exemptions to Public Records
Closed: Attorney consultations; real estate transactions; hearings of the ethics
commission; personnel and individual student matters; and emergency medical
service quality reviews, etc.
257
Who Can Make the Request?
Anyone
Response Timeframe
10 days.
258
Information on Fees
Fees may cover copies. They may include labor, but such inclusion requires
description.
259
Enforcement Mechanisms
You can sue. “(a) A requestor or the attorney general may file suit for a writ of
mandamus compelling a governmental body to make information available for
public inspection if the governmental body refuses to request an attorney general’s
decision as provided by Subchapter G or refuses to supply public information or
information that the attorney general has determined is public information that is
not excepted from disclosure under Subchapter C.” Texas Government Code, Title 5,
Subtitle A, Chapter 552, Subchapter A § 552.321
260
Attorney Fees
Yes, you can win attorney’s fees.
261
OPEN MY GOVERNMENT
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56
Utah
Statutory Citation
Utah code Title 63G Chapter 2
Definition of Public Record
Documents created by public bodies in Utah are open for inspection to any member
of the public.
262
Exemptions to Public Records
Documents that are considered exempt from open records laws include private
information about individuals and government employees (pursuant to 63G-2-302
and 63G-2-303), health records of individuals (pursuant to 63G-2-304), and records
that are protected because if released they may result in security problems (pursuant
to 63G-2-106) or financial speculation, unfair competition and financial instability
(pursuant to 63G-2-305).
263
Who Can Make the Request?
Anyone.
Response Timeframe
10 days.
264
Information on Fees
Utah public records law reserves the state the right to charge “a reasonable fee
to cover the governmental entity’s actual cost of providing a record.” (63G-2-203)
GRAMA does not explicitly state what one can expect for costs in monetary value,
but does mention hourly fees and a list of what tasks that must be completed by
government workers to fulfill the records request the requester will be paying for.
These can include “the cost of staff time for compiling, formatting, manipulating,
packaging, summarizing, or tailoring the record either into an organization or media
to meet the person’s request,” or “the cost of staff time for search, retrieval, and other
direct administrative costs for complying with a request.” (63G-2-203)
265
Enforcement Mechanisms
While the State Records Ombudsman of Utah is in theory supposed to levy enforcement
of GRAMA on agencies who fail to comply with the law, in practice this is one of the
areas Utah needs the most work on. There is no independent investigative mechanism.
When in 2015 the Utah Chapter of the League of Women Voters conducted interviews
on the application of GRAMA, they could not find a single case of an offending agency
being fined for their violation, even though the permission for fines to be levied is
expressly worded in the language of GRAMA.
266
Attorney Fees
No. Under current Utah law, one does not automatically win attorney’s fees in the
case that the challenge is won. However, the judge may award them if they want.
267
OPEN MY GOVERNMENT
Goldwater Institute
57
Vermont
Statutory Citation
Vermont Statute Title 1, Chapter 5.315
Definition of Public Record
Public records includes all documents, no matter the physical form that are “produced
or acquired in the course of public agency business.”
268
Exemptions to Public Records
Exempt: Twenty exemptions including: Personnel files; criminal investigation records;
tax documents; and location of historical/archaeological sites.
269
Who Can Make the Request?
Anyone.
Response Timeframe
Records denials must be issued within 2 days of receiving the records request.
270
Information on Fees
In 1996 an amendment to the law granted agencies the right to charge for public
records requests. Fees must be kept to actual cost for both copying and searching,
and search time costs only kick in after 30 minutes of search time.
271
Enforcement Mechanisms
There is very little enforcement of the public records law in Vermont. In the words of
the Reporter’s Committee for Freedom of the Press, “the State appears to rely on the
press and private citizens for enforcement of the Public Records Act under 1 V.S.A. §
319(a). To date, there have been no enforcement actions brought by the Vermont
Attorney General’s Office.” The only provision for penalties to public records offices or
agencies in general who violate the law is that they may be held in contempt and be
subject to discipline. There are no specifics as to what this means in terms of what
exact discipline they may experience.
272
Attorney Fees
Yes. However, you must be able to show that without litigation the records would
likely not have been disclosed, and that there was public benefit in the release of the
documents.
273
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58
Virginia
Statutory Citation
Virginia Freedom of Information Act: §§ 2.2-3700 – 2.2-3714
Definition of Public Record
Public records includes all documents, no matter their physical form, that are
“prepared or owned by, or in the possession of a public body or its officers, employees
or agents in the transaction of public business.”
274
Exemptions to Public Records
Exempt in records: Some criminal investigations; some police reports; tax returns;
medical records; personnel matters; real estate; attorney client privilege exemptions;
and working papers.
275
Who Can Make the Request?
Any citizen of Virginia may request public records, however Virginia does limit the
right of incarcerated felons to request any records whatsoever.
276
Response Timeframe
5 business days.
277
Information on Fees
An agency may charge reasonable fees not to exceed the actual cost of access,
search, and duplication.
278
Enforcement Mechanisms
You can sue. “A. Any person, including the attorney for the Commonwealth acting in
his official or individual capacity, denied the rights and privileges conferred by this
chapter may proceed to enforce such rights and privileges by filing a petition for
mandamus or injunction, supported by an affidavit showing good cause.” Code of
Virginia, Title 2.2. Administration of Government, Chapter 37 - Virginia Freedom of
Information Act, §2.2-3713
279
Attorney Fees
Yes, you can win them.
280
OPEN MY GOVERNMENT
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59
Washington
Statutory Citation
Chapter 42.56 RCW
Definition of Public Record
Washington law defines records as “any writing containing information relating to
the conduct of government or the performance of any governmental or proprietary
function prepared, owned, used, or retained by any state or local agency regardless
of physical form or characteristics.” A recent Supreme Court ruling has said that
accident reports are also public records.
281
Exemptions to Public Records
There are 46 exemptions. Most exemptions are versions of what can be found in
many other state FOIA laws. These cover subjects such as the discovery exemption,
law enforcement investigatory documents are exempt, as are deliberative process
records.
282
Who Can Make the Request?
Anyone
Response Timeframe
5 days.
283
Information on Fees
Search fees may not be charged, and the standard rate for photocopies are fifteen
cents per page.
284
Enforcement Mechanisms
The Public Records Act is generally enforced through private litigation. Any person
who has been refused to allow inspection or copying of public records may demand
judicial review through a civil lawsuit. RCW 42.56.550. Likewise, any person who
believes that an agency has not provided a reasonable estimate of time that the
agency requires to respond to a public records request may seek judicial review.
285
Attorney Fees
Yes, you can win them.
OPEN MY GOVERNMENT
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60
West Virgina
Statutory Citation
W.Va. Code§29B-1-1 etseq.
Definition of Public Record
West Virginia law defines records as “any writing containing information relating
to the conduct of the public’s business, prepared, owned and retained by a public
body”.
286
Exemptions to Public Records
Exempt: Trade secrets; information violating personal privacy; some exam data;
some archaeological sites; and law enforcement records for internal use.
287
Who Can Make the Request?
Anyone
Response Timeframe
5 days.
288
Information on Fees
The public body may establish fees reasonably calculated to reimburse it for its
actual cost in making reproductions of records. A public body may not charge a
search or retrieval fee or otherwise seek reimbursement based on a man-hour basis
as part of costs associated with making reproduction of records.§29B-1-3.
289
Enforcement Mechanisms
The Supervisor of Public Records is the primary enforcer of the public records law
within the state. Appeals should be sent to his office. From there, the SPR can order
the custodian to comply; further refusal to do so may result in referral to the Attorney
General or the appropriate district attorney.
290
Attorney Fees
Yes, you can win them.
291
OPEN MY GOVERNMENT
Goldwater Institute
61
Wisconsin
Statutory Citation
Wisconsin Statute 19.21 et seq.
Definition of Public Record
Wisconsin defines record as any document, regardless of physical form, that “has
been created or is being kept by” an agency.
292
Exemptions to Public Records
The eight general exemptions deal with law enforcement records closed by federal
law, identities of law enforcement informants, trade secrets as defined by the Uniform
Trade Secrets Act, financially identifying information, and identity of applicants for
government positions who request confidentiality, although this is waived if they
become one of the final candidates. More on Wisconsin exemptions can be found in
the resource section.
293
Who Can Make the Request?
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.
294
Response Timeframe
Timeframe not specified.
295
Information on Fees
The language in the law mandates fees be kept to “actual, necessary and direct
costs of reproduction.” Wis. Stat. § 19.35(3)(a); Osborn, 2002 WI 83 ¶46, 254 Wis. 2d at
303-04, 647 N.W.2d at 176. This includes cases where contractors are brought in to do
the work by the requested agency. On August 8, 2018, the Wisconsin Attorney General
issued an advisory, in which it reiterated “An authority may not charge for the time it
takes to redact records, and an authority may not make a profit on its response to a
public records request.” It also noted that, though municipalities are free to set their
own copy charges, there is an expectation that these will only cover the necessary
costs, highlighting that their own copies costs amounted to $0.0135 for a black-and-
white copy (including paper) and $0.0632 for a color copy.
296
Enforcement Mechanisms
If a records custodian “arbitrarily or capriciously” denies or delays a request, or
charges exorbitant and unnecessary fees, a court may fine them up to $1,000.
297
Attorney Fees
Yes, you can win them.
298
OPEN MY GOVERNMENT
Goldwater Institute
62
Wyoming
Statutory Citation
Wyo. Stat. § 16-4-201 etseq.
Definition of Public Record
The definition of records includes all documents, no matter their physical form, that
have been created or received by government agencies in the course of public
business.
299
Exemptions to Public Records
Exempt: Some law enforcement investigation records; testing materials; details of
state institutions’ research projects; labor negotiations; school board and university
student disciplinary records; and medical records of publicly funded hospitals.
300
Who Can Make the Request?
Anyone
Response Timeframe
Timeframe not specified.
301
Information on Fees
Fees charged for inspection of records are different depending on whether the
records are in printed or electronic form. A custodian may not charge for inspection
of a printed record, but may charge for the reasonable search and retrieval fees
for inspection of an electronic record. The Supreme Court has not ruled on what
may constitute the reasonable cost of search and retrieval of electronic records.
Reasonable fees may also be charged for the copies. Wyo. Stat. § 16-4-204(b).
The official custodian may charge a reasonable fee for the services rendered by
him or his deputy in supervising the copying, printing or photographing when such
copying, printing or photographing is performed by the requester. Fee schedules
must be established by rule, regulation, ordinance or law.
302
Enforcement Mechanisms
The District Court where the records are found. A person denied access may seek a
written explanation setting forth the reasons and legal authority for the denial. The
requester then may petition the district court for a order requiring the custodian to
show cause why the records should not be released. W.S. §16-4-203(f).
303
Attorney Fees
Yes, provided you win your appeal in court.
304
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1 https://www.nfoic.org/alabama-foia-laws/
2 https://www.nfoic.org/alabama-foia-laws/
3 https://www.nfoic.org/alabama-foia-laws/
4 https://www.muckrock.com/place/united-states-of-america/alabama/
5 https://www.muckrock.com/place/united-states-of-america/alabama/
6 https://www.nfoic.org/alaska-foia-laws/
7 https://www.nfoic.org/alaska-foia-laws/
8 https://www.nfoic.org/alaska-foia-laws/
9 https://www.muckrock.com/place/united-states-of-america/alaska/
10 https://www.muckrock.com/place/united-states-of-america/alaska/
11 https://www.muckrock.com/place/united-states-of-america/alaska/
12 https://www.nfoic.org/arizona-foia-laws/
13 https://www.nfoic.org/arizona-foia-laws/
14 https://www.muckrock.com/place/united-states-of-america/arizona/
15 https://www.muckrock.com/place/united-states-of-america/arizona/
16 https://www.muckrock.com/place/united-states-of-america/arizona/
17 https://www.nfoic.org/arkansas-foia-laws/
18 https://www.nfoic.org/arkansas-foia-laws/
19 https://www.nfoic.org/arkansas-foia-laws/
20 https://www.nfoic.org/arkansas-foia-laws/
21 https://www.muckrock.com/place/united-states-of-america/arkansas/
22 https://www.muckrock.com/place/united-states-of-america/arkansas/
23 https://www.muckrock.com/place/united-states-of-america/arkansas/
24 https://www.nfoic.org/california-foia-laws/
25 https://www.nfoic.org/california-foia-laws/
26 https://www.nfoic.org/california-foia-laws/
27 https://www.muckrock.com/place/united-states-of-america/california/
28 https://www.muckrock.com/place/united-states-of-america/california/
29 https://www.nfoic.org/colorado-foia-laws/
30 https://www.nfoic.org/colorado-foia-laws/
31 https://www.nfoic.org/colorado-foia-laws/
32 https://www.nfoic.org/colorado-foia-laws/
33 https://www.muckrock.com/place/united-states-of-america/colorado/
34 https://leg.colorado.gov/colorado-open-records-act-maximum-
hourly-research-and-retrieval-fee#:~:text=Effective%20July%201%2C%20
2019%2C%20the,new%20policy%20on%20their%20website.
35 https://www.muckrock.com/place/united-states-of-america/colorado/
36 https://www.muckrock.com/place/united-states-of-america/colorado/
37 https://www.nfoic.org/connecticut-foia-laws/
38 https://www.nfoic.org/connecticut-foia-laws/
39 https://www.nfoic.org/connecticut-foia-laws/
40 https://www.muckrock.com/place/united-states-of-america/connecticut/
41 https://www.muckrock.com/place/united-states-of-america/connecticut/
42 https://www.rcfp.org/open-government-guide/connecticut/#e-who-
enforces-the-act
43 https://www.nfoic.org/district-columbia-foia-laws/
44 https://www.nfoic.org/district-columbia-foia-laws/
45 https://www.muckrock.com/place/united-states-of-america/district-of-
columbia/
46 https://www.rcfp.org/open-government-guide/district-of-columbia/#d-
fee-provisions
ENDNOTES
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47 https://www.muckrock.com/place/united-states-of-america/district-of-
columbia/
48 https://www.nfoic.org/delaware-foia-laws/
49 https://www.nfoic.org/delaware-foia-laws/
50 https://www.nfoic.org/delaware-foia-laws/
51 https://www.muckrock.com/place/united-states-of-america/delaware/
52 https://www.muckrock.com/place/united-states-of-america/delaware/
53 https://www.nfoic.org/florida-foia-laws/
54 https://www.nfoic.org/florida-foia-laws/
55 https://www.nfoic.org/florida-foia-laws/
56 https://www.nfoic.org/florida-foia-laws/
57 https://www.muckrock.com/place/united-states-of-america/florida/
58 https://www.nfoic.org/georgia-foia-laws/
59 https://www.nfoic.org/georgia-foia-laws/
60 https://www.nfoic.org/georgia-foia-laws/
61 https://www.muckrock.com/place/united-states-of-america/georgia/
62 https://www.muckrock.com/place/united-states-of-america/georgia/
63 https://www.muckrock.com/place/united-states-of-america/georgia/
64 https://www.nfoic.org/hawaii-foia-laws/
65 https://www.nfoic.org/hawaii-foia-laws/
66 https://www.nfoic.org/hawaii-foia-laws/
67 https://www.muckrock.com/place/united-states-of-america/hawaii/
68 https://www.muckrock.com/place/united-states-of-america/hawaii/
69 https://www.muckrock.com/place/united-states-of-america/hawaii/
70 https://www.nfoic.org/iowa-foia-laws/
71 https://www.nfoic.org/iowa-foia-laws/
72 https://www.nfoic.org/iowa-foia-laws/
73 https://www.muckrock.com/place/united-states-of-america/iowa/
74 https://www.muckrock.com/place/united-states-of-america/iowa/
75 https://www.muckrock.com/place/united-states-of-america/iowa/
76 https://www.nfoic.org/idaho-foia-laws/
77 https://www.nfoic.org/idaho-foia-laws/
78 https://www.nfoic.org/idaho-foia-laws/
79 https://www.muckrock.com/place/united-states-of-america/idaho/
80 https://www.rcfp.org/open-government-guide/idaho/#e-who-enforces-the-
act
81 https://www.muckrock.com/place/united-states-of-america/idaho/
82 https://www.nfoic.org/illinois-foia-laws/
83 https://www.nfoic.org/illinois-foia-laws/
84 https://www.muckrock.com/place/united-states-of-america/illinois/
85 https://www.muckrock.com/place/united-states-of-america/illinois/
86 https://www.muckrock.com/place/united-states-of-america/illinois/
87 https://www.nfoic.org/indiana-foia-laws/
88 https://www.nfoic.org/indiana-foia-laws/
89 https://www.nfoic.org/indiana-foia-laws/
90 https://www.muckrock.com/place/united-states-of-america/indiana/
91 https://www.muckrock.com/place/united-states-of-america/indiana/
92 https://www.muckrock.com/place/united-states-of-america/indiana/
93 https://www.nfoic.org/kansas-foia-laws/
94 https://www.muckrock.com/place/united-states-of-america/kansas/
95 https://ag.ks.gov/open-government/kora-faq#:~:text=What%20is%20the%20
purpose%20of,45%2D216(a).
96 https://ag.ks.gov/open-government/kora-faq#:~:text=What%20is%20the%20
purpose%20of,45%2D216(a).
97 https://ag.ks.gov/open-government/kora-faq#:~:text=What%20is%20the%20
purpose%20of,45%2D216(a).
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98 https://www.nfoic.org/kentucky-foia-laws/
99 https://www.nfoic.org/kentucky-foia-laws/
100 https://www.muckrock.com/place/united-states-of-america/kentucky/
101 https://www.muckrock.com/place/united-states-of-america/kentucky/
102 https://www.muckrock.com/place/united-states-of-america/kentucky/
103 https://www.nfoic.org/louisiana-foia-laws/
104 https://www.nfoic.org/louisiana-foia-laws/
105 https://www.nfoic.org/louisiana-foia-laws/
106 https://www.muckrock.com/place/united-states-of-america/louisiana/
107 https://www.muckrock.com/place/united-states-of-america/louisiana/
108 https://www.nfoic.org/maine-foia-laws/
109 https://www.nfoic.org/maine-foia-laws/
110 https://www.nfoic.org/maine-foia-laws/
111 https://www.muckrock.com/place/united-states-of-america/maine/
112 https://www.muckrock.com/place/united-states-of-america/maine/
113 https://www.muckrock.com/place/united-states-of-america/maine/
114 https://www.nfoic.org/maryland-foia-laws/
115 https://www.nfoic.org/maryland-foia-laws/
116 https://www.nfoic.org/maryland-foia-laws/
117 https://www.rcfp.org/open-government-guide/maryland/#d-fee-provisions
118 https://www.muckrock.com/place/united-states-of-america/maryland/
119 https://www.muckrock.com/place/united-states-of-america/maryland/
120 https://www.nfoic.org/massachusetts-foia-laws/
121 https://www.nfoic.org/massachusetts-foia-laws/
122 https://www.nfoic.org/massachusetts-foia-laws/
123 https://www.muckrock.com/place/united-states-of-america/
massachusetts/
124 https://www.muckrock.com/place/united-states-of-america/
massachusetts/
125 https://www.muckrock.com/place/united-states-of-america/
massachusetts/
126 https://www.nfoic.org/michigan-foia-laws/
127 https://www.nfoic.org/michigan-foia-laws/
128 https://www.nfoic.org/michigan-foia-laws/
129 https://www.nfoic.org/michigan-foia-laws/
130 https://wmich.edu/legal/foia/procedures
131 https://www.muckrock.com/place/united-states-of-america/michigan/
132 https://www.muckrock.com/place/united-states-of-america/michigan/
133 https://www.nfoic.org/minnesota-foia-laws/
134 https://www.nfoic.org/minnesota-foia-laws/
135 https://www.nfoic.org/minnesota-foia-laws/
136 https://www.muckrock.com/place/united-states-of-america/minnesota/
137 https://www.muckrock.com/place/united-states-of-america/minnesota/
138 https://www.muckrock.com/place/united-states-of-america/mississippi/
139 https://www.muckrock.com/place/united-states-of-america/mississippi/
140 https://www.muckrock.com/place/united-states-of-america/mississippi/
141 https://www.rcfp.org/open-government-guide/mississippi/#e-who-
enforces-the-act
142 https://www.muckrock.com/place/united-states-of-america/mississippi/
143 https://www.muckrock.com/place/united-states-of-america/mississippi/
144 https://www.nfoic.org/missouri-foia-laws/
145 https://www.nfoic.org/missouri-foia-laws/
146 https://www.nfoic.org/missouri-foia-laws/
147 https://www.muckrock.com/place/united-states-of-america/missouri/
148 https://www.muckrock.com/place/united-states-of-america/missouri/
149 https://www.rcfp.org/open-government-guide/missouri/#e-who-enforces-
the-act
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150 https://www.muckrock.com/place/united-states-of-america/missouri/
151 https://www.nfoic.org/montana-foia-laws/
152 https://www.nfoic.org/montana-foia-laws/
153 https://www.nfoic.org/montana-foia-laws/
154 https://www.muckrock.com/place/united-states-of-america/montana/
155 https://www.muckrock.com/place/united-states-of-america/montana/
156 https://www.muckrock.com/place/united-states-of-america/montana/
157 https://www.rcfp.org/open-government-guide/montana/#e-who-
enforces-the-act
158 https://www.muckrock.com/place/united-states-of-america/montana/
159 https://www.nfoic.org/nebraska-foia-laws/
160 https://www.nfoic.org/nebraska-foia-laws/
161 https://www.nfoic.org/nebraska-foia-laws/
162 https://www.muckrock.com/place/united-states-of-america/nebraska/
163 https://www.muckrock.com/place/united-states-of-america/nebraska/
164 https://www.muckrock.com/place/united-states-of-america/nebraska/
165 https://www.nfoic.org/nevada-foia-laws/
166 https://www.nfoic.org/nevada-foia-laws/
167 https://www.muckrock.com/place/united-states-of-america/nevada/
168 https://www.muckrock.com/place/united-states-of-america/nevada/
169 https://www.nfoic.org/new-hampshire-foia-laws/
170 https://www.nfoic.org/new-hampshire-foia-laws/
171 https://www.nfoic.org/new-hampshire-foia-laws/
172 https://www.nfoic.org/new-hampshire-foia-laws/
173 https://www.muckrock.com/place/united-states-of-america/new-
hampshire/
174 https://www.muckrock.com/place/united-states-of-america/new-
hampshire/
175 https://www.nfoic.org/new-jersey-foia-laws/
176 https://www.muckrock.com/place/united-states-of-america/new-jersey/
177 https://www.nfoic.org/new-jersey-foia-laws/
178 https://www.nfoic.org/new-jersey-foia-laws/
179 https://www.rcfp.org/open-government-guide/new-jersey/#e-who-
enforces-the-act
180 https://www.rcfp.org/open-government-guide/new-jersey/#e-who-
enforces-the-act
181 https://www.nfoic.org/new-mexico-foia-laws/
182 https://www.nfoic.org/new-mexico-foia-laws/
183 https://www.nfoic.org/new-mexico-foia-laws/
184 https://www.muckrock.com/place/united-states-of-america/new-mexico/
185 https://www.rcfp.org/open-government-guide/new-mexico/#e-who-
enforces-the-act
186 https://www.muckrock.com/place/united-states-of-america/new-mexico/
187 https://www.nfoic.org/new-york-foia-laws/
188 https://www.nfoic.org/new-york-foia-laws/
189 https://www.nfoic.org/new-york-foia-laws/
190 https://www.muckrock.com/place/united-states-of-america/new-york/
191 https://www.muckrock.com/place/united-states-of-america/new-york/
192 https://www.rcfp.org/open-government-guide/new-york/#e-who-
enforces-the-act
193 https://www.muckrock.com/place/united-states-of-america/new-york/
194 https://www.nfoic.org/north-carolina-foia-laws/
195 https://www.nfoic.org/north-carolina-foia-laws/
196 https://www.nfoic.org/north-carolina-foia-laws/
197 https://www.muckrock.com/place/united-states-of-america/north-
carolina/
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198 https://www.muckrock.com/place/united-states-of-america/north-
carolina/
199 https://www.nfoic.org/north-dakota-foia-laws/
200 https://www.nfoic.org/north-dakota-foia-laws/
201 https://www.nfoic.org/north-dakota-foia-laws/
202 https://attorneygeneral.nd.gov/open-records-meetings/requesting-
public-records
203 https://www.rcfp.org/open-government-guide/north-dakota/#e-who-
enforces-the-act
204 https://www.muckrock.com/place/united-states-of-america/north-
dakota/
205 https://www.nfoic.org/ohio-foia-laws/
206 https://www.nfoic.org/ohio-foia-laws/
207 https://www.nfoic.org/ohio-foia-laws/
208 https://www.muckrock.com/place/united-states-of-america/ohio/
209 https://www.muckrock.com/place/united-states-of-america/ohio/
210 https://www.muckrock.com/place/united-states-of-america/ohio/
211 https://www.nfoic.org/oklahoma-foia-laws/
212 https://www.nfoic.org/oklahoma-foia-laws/
213 https://www.nfoic.org/oklahoma-foia-laws/
214 https://www.muckrock.com/place/united-states-of-america/oklahoma/
215 https://www.muckrock.com/place/united-states-of-america/oklahoma/
216 https://www.muckrock.com/place/united-states-of-america/oklahoma/
217 https://www.nfoic.org/oregon-foia-laws/
218 https://www.nfoic.org/oregon-foia-laws/
219 https://www.nfoic.org/oregon-foia-laws/
220 https://www.muckrock.com/place/united-states-of-america/oregon/
221 https://www.rcfp.org/open-government-guide/oregon/#e-who-
enforces-the-act
222 https://www.muckrock.com/place/united-states-of-america/oregon/
223 https://www.nfoic.org/pennsylvania-foia-laws/
224 https://www.muckrock.com/place/united-states-of-america/
pennsylvania/
225 https://www.nfoic.org/pennsylvania-foia-laws/
226 https://www.nfoic.org/pennsylvania-foia-laws/
227 https://www.muckrock.com/place/united-states-of-america/
pennsylvania/
228 https://www.muckrock.com/place/united-states-of-america/
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229 https://www.muckrock.com/place/united-states-of-america/
pennsylvania/
230 https://www.nfoic.org/rhode-island-foia-laws/
231 https://www.muckrock.com/place/united-states-of-america/rhode-
island/
232 https://www.nfoic.org/rhode-island-foia-laws/
233 https://www.muckrock.com/place/united-states-of-america/rhode-
island/
234 https://www.rcfp.org/open-government-guide/rhode-island/#e-who-
enforces-the-act
235 https://www.muckrock.com/place/united-states-of-america/rhode-
island/
236 https://www.nfoic.org/south-carolina-foia-laws/
237 https://www.nfoic.org/south-carolina-foia-laws/
238 https://www.nfoic.org/south-carolina-foia-laws/
239 https://www.muckrock.com/place/united-states-of-america/south-
carolina/
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240 https://www.muckrock.com/place/united-states-of-america/south-
carolina/
241 https://www.muckrock.com/place/united-states-of-america/south-
carolina/
242 https://www.nfoic.org/south-dakota-foia-laws/
243 https://www.nfoic.org/south-dakota-foia-laws/
244 https://www.nfoic.org/south-dakota-foia-laws/
245 https://www.muckrock.com/place/united-states-of-america/south-
dakota/
246 https://www.muckrock.com/place/united-states-of-america/south-
dakota/
247 https://www.rcfp.org/open-government-guide/south-dakota/#e-who-
enforces-the-act
248 https://www.muckrock.com/place/united-states-of-america/south-
dakota/
249 https://www.nfoic.org/tennessee-foia-laws/
250 https://www.nfoic.org/tennessee-foia-laws/
251 https://www.nfoic.org/tennessee-foia-laws/
252 https://www.nfoic.org/tennessee-foia-laws/
253 https://www.rcfp.org/open-government-guide/tennessee/#e-who-
enforces-the-act
254 https://www.rcfp.org/open-government-guide/tennessee/#e-who-
enforces-the-act
255 https://www.rcfp.org/open-government-guide/tennessee/#e-who-
enforces-the-act
256 https://www.nfoic.org/texas-foia-laws/
257 https://www.nfoic.org/texas-foia-laws/
258 https://www.nfoic.org/texas-foia-laws/
259 https://www.muckrock.com/place/united-states-of-america/texas/
260 https://www.muckrock.com/place/united-states-of-america/texas/
261 https://www.muckrock.com/place/united-states-of-america/texas/
262 https://www.nfoic.org/utah-foia-laws/
263 https://www.nfoic.org/utah-foia-laws/
264 https://www.nfoic.org/utah-foia-laws/
265 https://www.muckrock.com/place/united-states-of-america/utah/
266 https://www.muckrock.com/place/united-states-of-america/utah/
267 https://www.muckrock.com/place/united-states-of-america/utah/
268 https://www.nfoic.org/vermont-foia-laws/
269 https://www.nfoic.org/vermont-foia-laws/
270 https://www.nfoic.org/vermont-foia-laws/
271 https://www.muckrock.com/place/united-states-of-america/vermont/
272 https://www.muckrock.com/place/united-states-of-america/vermont/
273 https://www.muckrock.com/place/united-states-of-america/vermont/
274 https://www.nfoic.org/virginia-foia-laws/
275 https://www.nfoic.org/virginia-foia-laws/
276 https://www.nfoic.org/virginia-foia-laws/
277 https://www.nfoic.org/virginia-foia-laws/
278 https://www.muckrock.com/place/united-states-of-america/virginia/
279 https://www.muckrock.com/place/united-states-of-america/virginia/
280 https://www.muckrock.com/place/united-states-of-america/virginia/
281 https://www.nfoic.org/washington-foia-laws/
282 https://www.muckrock.com/place/united-states-of-america/washington/
283 https://www.nfoic.org/washington-foia-laws/
284 https://www.muckrock.com/place/united-states-of-america/washington/
285 https://www.rcfp.org/open-government-guide/washington/#e-who-
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286 https://www.nfoic.org/west-virginia-foia-laws/
287 https://www.nfoic.org/west-virginia-foia-laws/
288 https://www.nfoic.org/west-virginia-foia-laws/
289 https://www.muckrock.com/place/united-states-of-america/west-virginia/
290 https://www.muckrock.com/place/united-states-of-america/west-virginia/
291 https://www.muckrock.com/place/united-states-of-america/west-virginia/
292 https://www.nfoic.org/wisconsin-foia-laws/
293 https://www.muckrock.com/place/united-states-of-america/wisconsin/
294 https://www.nfoic.org/wisconsin-foia-laws/
295 https://www.nfoic.org/wisconsin-foia-laws/
296 https://www.muckrock.com/place/united-states-of-america/wisconsin/
297 https://www.muckrock.com/place/united-states-of-america/wisconsin/
298 https://www.muckrock.com/place/united-states-of-america/wisconsin/
299 https://www.nfoic.org/wyoming-foia-laws/
300 https://www.nfoic.org/wyoming-foia-laws/
301 https://www.nfoic.org/wyoming-foia-laws/
302 https://www.rcfp.org/open-government-guide/wyoming/#e-who-
enforces-the-act
303 https://www.rcfp.org/open-government-guide/wyoming/#e-who-
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304 https://www.muckrock.com/place/united-states-of-america/wyoming/
