Transparency & Accountability

Understanding the State Public Records Act: Your right to access government information and hold institutions accountable.

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Overview

What is the Public Records Act?

A state's Public Records Act is a law that requires state and local government agencies to make certain records available to the public. These laws are the bedrock of democracy, promoting transparency and government accountability.

While all 50 states have these laws, they vary in their specific names and details. They generally cover a wide range of records, including emails, texts, and other documents related to the conduct of government.

Transparency

Public Access

Accountability

Rule of Law

Details

Key Aspects of the Law

Purpose

To allow public access to government records, increasing transparency and awareness of government activities.

Scope

Applies to traditional documents, emails, photos, videos, and social media content related to government business.

Exemptions

Common exemptions include personal information, security plans, and specific investigative records.

Variations

Names vary by state (e.g., "Sunshine Law", "Right to Know"). Scope also differs, such as legislature coverage.

Toolkit

State Public Records Basics

A collection of resources covering the fundamentals of state public records acts.

Who Can Submit?

Most states allow any person to submit a request, but some limit it to citizens of that state. There may also be different rules for commercial vs. non-commercial requests.

Types of Records

Subject to the law, but doesn't include all information. Includes papers, emails, maps, photos, etc., regardless of physical form.

Exceptions

Mandatory or discretionary exemptions exist for sensitive info like security plans, personal data, or ongoing investigations.

Submission Methods

Requests often must be in writing and directed to a specific officer. Some states allow verbal requests, but written is best for tracking.

Responses & Time

Agencies must respond within a set time (e.g., 3-10 days). They can provide copies (paper/electronic) or allow inspection.

Fees & Remedies

Fees are usually for duplication (copies). If denied, remedies include appeals to higher officials or filing a lawsuit.

State Spotlight

California Public Records Act

The California Public Records Act (PRA) gives every person the right to access public records in the physical custody of the Secretary of State unless the records are exempt from disclosure by law. (Government Code section 7920.000 et seq.).

Definition: Public records are any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by the Secretary of State regardless of physical form or characteristics.

Important Note

The Secretary of State only provides records related to their office. They are not the contact for records held by other State agencies unless transferred to the State Archives.

The Secretary of State is not required to compile data, gather information, perform research, or otherwise create a record that does not exist.

Common Record Searches

  • Business Entity Records
  • Oaths of Office & Bond Information
  • Historical Records (State Archives)
  • Uniform Commercial Code (UCC) Records
  • Political Reform & Election Records
  • Registry of Public Agencies

Need more help?

View Guidelines
Database

Public Records Law & State Legislatures

To help increase transparency, all 50 states have enacted laws requiring certain government records to be open. This table provides links to state public records statutes and relevant legislative exemptions.

State Public Records Act Citation Legislative Exemptions / Confidentiality
Alabama AL Code § 36-12-40 et seq.
Rights of citizens to inspect and copy public writings		 AL Code § 29-6-7.1
Legislative confidential communication
Alaska AK Stat. § 40.25.110
Public Record Disclosures		 AK Stat. § 24.20.100
Research and drafting services for legislators are confidential
Arizona AZ Rev. Stat. § 39-121.01
Public Records, Printing and Notices		 AZ Rev. Stat. § 41-1279.05
Confidential records of auditor general
Arkansas AR Code Ann. § 25-19-101 et seq.
Freedom of Information Act of 1967		 AR Code Ann. § 10-2-129
Drafting and information requests to legislative employees are confidential
California CA Govt. Code § 7920 et seq.
California Public Records Act		 CA Govt. Code § 9070 et seq.
Legislative Open Records Act
Colorado CO Rev. Stat. Ann. § 24-72-200 et seq.
Colorado Open Records Act		 CO Rev. Stat. Ann. § 24-72-202(6)(a)(II)
Legislative public records, exceptions
Connecticut CT Gen. Stat. § 1-200 et seq.
Freedom of Information Act		 CT Gen. Stat. § 1-210(b)(19)
Exempt records; safety risks
Delaware 29 Del. Laws, c. 100 § 10001 et seq.
Freedom of Information Act		 29 Del. Laws, c. 100 § 10002(o)(16 & 19)
Exempt records; General Assembly emails
Florida FL Stat. § 119.01 et seq.
Public Records		 FL Stat. § 11.0431(2)
Legislative records; intent of legislation; exemption
Georgia O.C.G.A. § 50-18-70 et seq.
Open Records Law		 O.C.G.A. § 50-18-70
Definitions, General Assembly not included
Hawaii HI Rev. Stat. § 92F-1 et seq.
Uniform Information Practices Act		 HI Rev. Stat. § 84-12
Confidential information
Idaho ID Stat. § 74-101 et seq.
Public Records Act		 ID Stat. § 74-109
Records exempt from disclosure; draft legislation
Illinois 5 ILCS 140/1
Freedom of Information Act		 5 ILCS 140/7(1)(f)
Exemptions; preparation of legislative documents
Indiana IN Code § 5-14-3-1 et seq.
Access to Public Records		 IN Code § 5-14-3-4 (b)(13) & (14)
Legislative staff work products exempted
Iowa IA Code § 22.1 et seq.
Examination of Public Records		 IA Code § 2A.1(3)
Legislative services agency; legislative privileges
Kansas K.S.A. § 45-215 et seq.
Open Records Act		 K.S.A. § 45-217(l)(3)(B)
Records open to public; legislator records exempt
Kentucky KRS § 61.870 et seq.
Open Records		 KRS § 7.117
Legislative drafting communications not subject to disclosure
Louisiana LA Rev. Stat. § 44:1 et seq.
Public Records Law		 LA Rev. Stat. § 44:4(6)
Exemption for legislative auditor
Maine ME Rev. Stat. Tit. 1 § 400 et seq.
Freedom of Access Act		 ME Rev. Stat. Tit. 1 § 402(3)(C)
Legislative exception to public records
Maryland MD General Provisions Code § 4-101 et seq.
Public Information Act		 MD State Govt. Code § 2–1226
Office of Legislative Audits; confidentiality
Massachusetts MA Gen. Laws Ch. 66 § 1 et seq.
Public Records		 MA Gen. Laws Ch. 66 § 18
Public records, General Court exempt
Michigan MI Comp. Laws § 15.231
Freedom of Information Act		 MI Comp. Laws § 4.1109
Legislative service bureau; confidentiality
Minnesota MN Stat. § 13.03
Access to Government Data		 MN Stat. § 3C.05, subd. 1 (a)
Revisor of statutes; prohibitions and limitations
Mississippi MS Code Ann. § 25-61-1 et seq.
Mississippi Public Records Act of 1983 		MS Code Ann. § 25-61-17
Public records act does not affect legislature
Missouri MO Rev. Stat. § 610.010 et seq.
Governmental Bodies and Records		 MO Rev. Stat. § 610.021
Closed meetings and closed records authorized when
Montana MT Code Ann. § 2-6-1001 et seq.
Public Records		 N/A
Nebraska NE Rev. Stat. § 84-712 et seq.
Public Records		 NE Rev. Stat. § 84-712.05(14)
Records which may be withheld from the public
Nevada NV Rev. Stat. § 239.001 et seq.
Public Records		 NV Rev. Stat. § 41.071
Legislative privilege and immunity
New Hampshire NH Rev. Stat. § 91-A:1 et seq.
Access to Governmental Records and Meetings		 NH Rev. Stat. § 91-A:5 (IX)
Exempt government records; documents not in final form
New Jersey NJ Rev. Stat. § 47:1A-1 et seq.
Open Records Law		 NJ Rev. Stat. § 47:1A-1.1
Definitions; open records exemptions for the Legislature
New Mexico NM Stat. § 14-2-1 et seq.
Inspection of Public Records		 NM Stat. § 2-3-13
Services; confidential nature
New York NY PBO Article 6 § 84 et seq.
Freedom of Information Law		 NY PBO Article 6 § 88
Access to state legislative records
North Carolina NC G.S. § 132-1 et seq.
Public Records		 NC G.S. § 120 et seq.
Confidentiality of legislative communications
North Dakota ND Cent. Code § 44-04-18 et seq.
Access to Public Records		 ND Cent. Code § 44-04-18.6
Access to legislative records and information; exceptions
Ohio OH Rev. Code § 149.43
Availability of Public Records		 OH Rev. Code § 101.30
Maintenance of confidential relationship
Oklahoma OK Stat. Tit. 51 § 24A.1 et seq.
Oklahoma Open Records Act		 OK Stat. Tit. 51 § 24A.3(2)
Legislature not a public body
Oregon ORS § 192.001 et seq.
Public Records Policy		 ORS § 192.311(6)
Legislative assembly not a state agency
Pennsylvania 65 Pa. Stat. § 67.101 et seq.
Right-to-Know Law		 101 Pa. Code § 3.6
Legislative Reference Bureau; disclosure
Rhode Island R.I. Gen. Laws § 38-2-1 et seq.
Access to Public Records		 R.I. Gen. Laws § 38-2-2(4) (K & M)
Public records exceptions
South Carolina SC Code § 30-4-10 et seq.
Freedom of Information Act		 SC Code of Laws § 30-4-40(a)(7 & 8)
Matters exempt from disclosure
South Dakota SD Cod. Laws § 1-27-1 et seq.
Public Records and Files		 SD Cod. Laws § 1-27-1.5(12 & 19)
Certain records not open to inspection
Tennessee Tenn. Code Ann. § 10-7-503 et seq.
Records Open to Public Inspection		 Tenn. Code Ann. § 3-12-105
Legislative office of legal services, exceptions
Texas TX Stat. Gov. Code § 552.001 et seq.
Open Government, Public Information		 TX Stat. Gov. Code § 306.003
Confidential records; constituent communication
Utah UT Code § 63G-2-101
Government Records Access and Management Act		 UT Code § 63G-2-305 (19 - 22)
Legislative records, protected records
Vermont 1 V.S.A. § 315 et seq.
Access to Public Records		 2 V.S.A. 403(b)(1)
Office of legislative council; all requests are confidential
Virginia VA Code § 2.2-3700 et seq.
Virginia Freedom of Information Act		 VA Code § 30-28.18
Division of legislative services; public access
Washington RCW 42.56
Public Records Act		 RCW 1.08.027
Bill drafting service; confidential
West Virginia WV Code § 29B
Freedom of Information		 WV Code § 4-1A-6 & 4-1A-7
Scope of legislative immunity
Wisconsin WI Stat. § 19.21 et seq.
Public Records and Property		 WI Stat. § 13.91 et seq.
Legislative agencies; confidentiality
Wyoming WY Stat. Ann. § 16-4-201 et seq.
State Archives, Museums and Historical Department		 WY Stat. Ann. § 28-8-116
Legislature confidential communications

In The News

June 5, 2024

Gov. Murphy signs bill revamping public records law, in blow to transparency advocates

New Jersey Monitor By Nikita Biryukov and Sophie Nieto-Munoz
"With history in mind... my responsibility as Governor is to evaluate the bill on the merits, regardless of how it may be perceived." — Gov. Phil Murphy

Gov. Phil Murphy signed a bill Wednesday that alters the Open Public Records Act in ways critics said will embolden public entities to deny access to government documents, limit requestors’ ability to challenge those denials in court, and shield a range of records that have previously been considered public.

Activists condemned the lame-duck governor for his move to sign a bill they say was opposed by voters across the political spectrum. Sarah Fajardo, policy director at the American Civil Liberties Union of New Jersey, said residents made it clear that they want to see lawmakers strengthening transparency.

Key Changes & Concerns

  • Fee-Shifting Changes: Public entities that lose records disputes are now only forced to pay legal fees if there is a finding of "bad faith" or "unreasonable denial," potentially discouraging citizens from suing.
  • New Exemptions: Personal identifying information like names and addresses on pet permits and notification signups are now shielded.
  • Commercial Requests: A separate track for commercial entities (excluding media/nonprofits) with a longer 14-day response time.
Read the full article at New Jersey Monitor