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Thread: Information Requests - Every state with the laws (Stop saying FOIA requests...)

  1. #1
    Regular Member skeith5's Avatar
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    Information Requests - Every state with the laws (Stop saying FOIA requests...)

    I see a lot of people talk about FOIA requests. Unless you are asking a Federal Agency for public records FOIA does NOT apply. You should make the request under the state's open records law. Every state is a little different. I have worked with most of the housing agencies in all of the states in the course of my normal job. Please do not e-mail a state or local agency and make a request under FOIA. FOIA is not binding on them and there is a good chance they will IGNORE your request and there isn't much you can do about it. Here is a list of every state that I've compiled, the name of the state law and the actual code that covers their request. A few states might require you to be a citizen of that state, Arkansas is one. There is one Federal Circuit court that struck down the citizen requirement as unconstitutional, another circuit court said that it is OK.

    If you are going to make a request take a look at the chart below. If you are making a request to AZ for example you would want to say something like, I am making this request under Arizona's Public Records Law (Ariz Rev Stat.Ann.39-121 to 1-24.) Make sure to FOLLOW UP, and if needs be go up the chain of command, including the attorney general of the state. If all else fails you will need to file a lawsuit to get the records (And possibly monetary compensation.)

    Name of State Law for Public Records Requests Law Code
    AK Public Records Act Alaska Stat. 09.25.100 to .220
    AL Public Open Records Act Ala. Code 36-12-40 et seq.
    AR Freedom of Information Act Ark. Code Ann. 25-19-101.
    AZ Public Records Law Ariz. Rev. Stat.Ann.39-121 to 1-24, http://www.azleg.gov/ombudsman/public_records.html
    CA Public Records Act Cal.Gov.Code 6250 to 6270
    CO Open Public Records Law C.R.S. 24-72-201 et seq
    CT Freedom of Information Act Conn.Gen.Stat.§1-200 et seq
    DC Freedom of Information Act DC Official Code §§ 2-531
    DE Freedom of Information Act 29 Del. C. § 10001 et seq.
    FL Sunshine Law Fla.Stat.Ann. 119.01 to .165
    GA Open Records Act Ga.CodeAnn. 50-18-70 to 76
    HI Uniform Information Practices Act Haw. Rev. Stat. §92F-1 et seq.
    IA Open Records Law Iowa Code Ann. 22.1 to .14
    ID Idaho Public Records Law Id Code 9-338 to 350
    IL Freedom of Information Act 5 ILCS 140/1
    IN Access to Public records Ind.Code Ann. 5-14-3-1 to 10
    KS Open Records Act Kan.Stat.Ann 45-215 to 225
    KY Open Records Act Ky.Rev.Stat..Ann. 61.870 to .884
    LA Louisiana Public Records Law La.Rev.Stat.Ann. 44:31, http://www.lla.state.la.us/userfiles...ords%20Law.pdf
    MA Public Records Act Mass.Gen.Laws Ann. Ch.4, 7; Ch. 66,10
    MD Public information Act Md.Code Ann., State & Govt, 10-611 to 628
    ME Freedom of Access Act Me.Rev.Stat.Ann. 1-13 § 408
    MI Freedom of Information Act MCL 15.231
    MN Data Practices Act Minn. Stat. Ann. 13.03
    MO Sunshine Law Mo.Ann.Stat. 109.180 to .190
    MS Public Records Act Miss. Code Ann. 25-61-1 et seq
    MT Public Records Act Mont.Code Ann. 2-6-101 to 111
    NC Public Records Law N.C.Gen. Stat. 132-1 to 10
    ND Open Records Statue N.D. Cent. Code 44-04-18 to -18.8
    NE Public Records Law NEB. REV. STAT. 84-712
    NH Right to Know Law NH Rev. Stat. 91-A:1
    NJ Open Public Records Act N.J.S.A. 47:1A-1 et seq.
    NM Inspection of Public Records Act 14-2-1 NMSA 1978 et seq.
    NV Open Records Act Nev.Rev.Stat.Ann. 239.005 to .040
    NY Freedom of Information Law NY Pub. Off. Law Sec. 84
    OH Open Records Law Ohio Rev. Code. Ann 149.43
    OK Open Records Act Okla. Stat. Ann. Tit. 51.24A.1 to .18
    OR Public Recrods Law Or. Rev. Stat. Ann. 192.410 to .505
    PA Right to Know Law Pa.Cons.Stat.Ann. Tit. 65, 66..1 to .4
    RI Access to Public Records Act R.I. Gen. Laws 38-2-1 to -14
    SC Freedom of Information Act S.C. Code Ann. 30-4-10
    SD Sunshine Law S.D. Codified Laws Ann. 1-27-1 to -19
    TN Open Records Act Tenn. Code Ann. 10-7-503 et seq.
    TX Public Information Act Tx Code Ann.Secs552.001 to 552.353
    UT Government Records Access and Management Act Utah Code.Ann. 63G-2-101 to -207
    VA Freedom of Information Act Va. Code Sec. 2.2-3704
    VT Public Recrods Law 1 V.S.A. Sec. 315-320
    WA Public records Act Wash. Rev. Code Ann. 42.56.001 to .904
    WI Open Records Law Wis. Stat. Ann. 19.31 to .39
    WV Freedom of Information Act W.Va. Code Sec. 29B-1-1
    WY Sunshine Law Wyo.Stat.Ann,9-2-407

  2. #2
    Regular Member self preservation's Avatar
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    Quote Originally Posted by skeith5 View Post
    I see a lot of people talk about FOIA requests. Unless you are asking a Federal Agency for public records FOIA does NOT apply. You should make the request under the state's open records law. Every state is a little different. I have worked with most of the housing agencies in all of the states in the course of my normal job. Please do not e-mail a state or local agency and make a request under FOIA. FOIA is not binding on them and there is a good chance they will IGNORE your request and there isn't much you can do about it. Here is a list of every state that I've compiled, the name of the state law and the actual code that covers their request. A few states might require you to be a citizen of that state, Arkansas is one. There is one Federal Circuit court that struck down the citizen requirement as unconstitutional, another circuit court said that it is OK.

    If you are going to make a request take a look at the chart below. If you are making a request to AZ for example you would want to say something like, I am making this request under Arizona's Public Records Law (Ariz Rev Stat.Ann.39-121 to 1-24.) Make sure to FOLLOW UP, and if needs be go up the chain of command, including the attorney general of the state. If all else fails you will need to file a lawsuit to get the records (And possibly monetary compensation.)

    Name of State Law for Public Records Requests Law Code
    AK Public Records Act Alaska Stat. 09.25.100 to .220
    AL Public Open Records Act Ala. Code 36-12-40 et seq.
    AR Freedom of Information Act Ark. Code Ann. 25-19-101.
    AZ Public Records Law Ariz. Rev. Stat.Ann.39-121 to 1-24, http://www.azleg.gov/ombudsman/public_records.html
    CA Public Records Act Cal.Gov.Code 6250 to 6270
    CO Open Public Records Law C.R.S. 24-72-201 et seq
    CT Freedom of Information Act Conn.Gen.Stat.§1-200 et seq
    DC Freedom of Information Act DC Official Code §§ 2-531
    DE Freedom of Information Act 29 Del. C. § 10001 et seq.
    FL Sunshine Law Fla.Stat.Ann. 119.01 to .165
    GA Open Records Act Ga.CodeAnn. 50-18-70 to 76
    HI Uniform Information Practices Act Haw. Rev. Stat. §92F-1 et seq.
    IA Open Records Law Iowa Code Ann. 22.1 to .14
    ID Idaho Public Records Law Id Code 9-338 to 350
    IL Freedom of Information Act 5 ILCS 140/1
    IN Access to Public records Ind.Code Ann. 5-14-3-1 to 10
    KS Open Records Act Kan.Stat.Ann 45-215 to 225
    KY Open Records Act Ky.Rev.Stat..Ann. 61.870 to .884
    LA Louisiana Public Records Law La.Rev.Stat.Ann. 44:31, http://www.lla.state.la.us/userfiles...ords%20Law.pdf
    MA Public Records Act Mass.Gen.Laws Ann. Ch.4, 7; Ch. 66,10
    MD Public information Act Md.Code Ann., State & Govt, 10-611 to 628
    ME Freedom of Access Act Me.Rev.Stat.Ann. 1-13 § 408
    MI Freedom of Information Act MCL 15.231
    MN Data Practices Act Minn. Stat. Ann. 13.03
    MO Sunshine Law Mo.Ann.Stat. 109.180 to .190
    MS Public Records Act Miss. Code Ann. 25-61-1 et seq
    MT Public Records Act Mont.Code Ann. 2-6-101 to 111
    NC Public Records Law N.C.Gen. Stat. 132-1 to 10
    ND Open Records Statue N.D. Cent. Code 44-04-18 to -18.8
    NE Public Records Law NEB. REV. STAT. 84-712
    NH Right to Know Law NH Rev. Stat. 91-A:1
    NJ Open Public Records Act N.J.S.A. 47:1A-1 et seq.
    NM Inspection of Public Records Act 14-2-1 NMSA 1978 et seq.
    NV Open Records Act Nev.Rev.Stat.Ann. 239.005 to .040
    NY Freedom of Information Law NY Pub. Off. Law Sec. 84
    OH Open Records Law Ohio Rev. Code. Ann 149.43
    OK Open Records Act Okla. Stat. Ann. Tit. 51.24A.1 to .18
    OR Public Recrods Law Or. Rev. Stat. Ann. 192.410 to .505
    PA Right to Know Law Pa.Cons.Stat.Ann. Tit. 65, 66..1 to .4
    RI Access to Public Records Act R.I. Gen. Laws 38-2-1 to -14
    SC Freedom of Information Act S.C. Code Ann. 30-4-10
    SD Sunshine Law S.D. Codified Laws Ann. 1-27-1 to -19
    TN Open Records Act Tenn. Code Ann. 10-7-503 et seq.
    TX Public Information Act Tx Code Ann.Secs552.001 to 552.353
    UT Government Records Access and Management Act Utah Code.Ann. 63G-2-101 to -207
    VA Freedom of Information Act Va. Code Sec. 2.2-3704
    VT Public Recrods Law 1 V.S.A. Sec. 315-320
    WA Public records Act Wash. Rev. Code Ann. 42.56.001 to .904
    WI Open Records Law Wis. Stat. Ann. 19.31 to .39
    WV Freedom of Information Act W.Va. Code Sec. 29B-1-1
    WY Sunshine Law Wyo.Stat.Ann,9-2-407
    Good info. I see a lot of states use "Freedom of Information Act" as well. My favorite is the "Sunshine law"....Makes me feel warm and fuzzy
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

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    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  3. #3
    Regular Member skeith5's Avatar
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    Quote Originally Posted by self preservation View Post
    Good info. I see a lot of states use "Freedom of Information Act" as well. My favorite is the "Sunshine law"....Makes me feel warm and fuzzy
    This is true, there are a couple states that call their state statue "freedom of information act". In that case it's ok to say...

    Sunshine law is my favorite...

  4. #4
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    Does saying FOIA indicate that its a RECORDS request?

    Sure +FOIA is easy to write and we are lazy on the internet!

    So I see nothing wrong with it ... everyone should be familiar with their respective states' proper terminology...

    Using FOIA conveys a record request.

    Great list bye the bye !
    Last edited by davidmcbeth; 12-14-2012 at 05:46 PM.

  5. #5
    Regular Member skeith5's Avatar
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    Re: Information Requests - Every state with the laws (Stop saying FOIA requests...)

    Quote Originally Posted by davidmcbeth View Post
    Sure +FOIA is easy to write and we are lazy on the internet!

    So I see nothing wrong with it ... everyone should be familiar with their respective states' proper terminology...

    Using FOIA conveys a record request.

    Great list bye the bye !
    Yes, on this site everyone knows what you mean when you say FOIA. I have run into some agencies though who have no idea what FOIA is, and some that will deny your request because they aren't governed by the federal FOIA. Just wanted to pass along information.

    Sent from my SGH-T999 using Tapatalk 2
    Too lazy to do a blog! Follow me on Twitter instead! @6ShotScott

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    Quote Originally Posted by skeith5 View Post
    Yes, on this site everyone knows what you mean when you say FOIA. I have run into some agencies though who have no idea what FOIA is, and some that will deny your request because they aren't governed by the federal FOIA. Just wanted to pass along information.

    Sent from my SGH-T999 using Tapatalk 2
    We should just call it : "freedom of sunshine open public record right to know data information" request or "FSOPRRKDI" to make it simple.

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