The law was first enacted in 1923 and changed in 1983, and then in 2004. School districts in Alabama | Alabama Recording Law Summary: Ala. Code § 13A-11-30. The act is silent as to the appropriate use of fees. Bill aimed at open records law. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Alabama elections in 2021 | Residents and non-residents may submit requests. Federal courts | The mission of Alabama State Records is to grant every person the right to detect, obtain, preview and examine state public records in accordance with Alabama’s Public Records Law. [2] The Alabama legislature has passed bills banning the transfer of these funds among political action committees each year beginning in 2000, but the bills have never become law. Yes, if one is a citizen of the United States they can request public records. This makes civil action the only other recourse for someone wishing to challenge the state’s ruling, which can be expensive and time consuming. In some cases, they can access additional information for a fee. There are currently no experienced public records law attorneys that we know of in Alabama. [14], The fee structures are left to the discretion of the public records official within the department from whom the records are requested.[14]. Supreme Court | It is unclear whether "citizen" indicates citizens of the state of Alabama or U.S. citizens. State constitution, Courts in Alabama | Search fees are typically waived, however for certain departments like the Department of Corrections there is a flat $25 fee for them to begin to process a request. Years before 1923, there were no laws in Alabama State regarding access to public records. The Alabama State Records Commission was established in 1955 by the Alabama Public Records Law in order to determine what records to keep and which are to be destroyed. Many Alabama public records are available to view for free online or at the government office tasked with housing them. See Code of Alabama 1975 section 36-14-3. Financial regulation | 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. The National Association of Counties published this report to serve as a reference tool for county officials . See above for a more complete breakdown of exemptions. "[12], Public records are defined by the Code of Alabama as "all written, typed or printed books, papers, letters, documents and maps made or received in pursuance of law by the public officers of the state, counties, municipalities and other subdivisions of government in the transactions of public business and shall also include any record authorized to be made by any law of this state belonging or pertaining to any court of record or any other public record authorized by law or any paper, pleading, exhibit or other writing filed with, in or by any such court, office or officer. The Alabama Public Records Law is a series of laws designed to guarantee that the public has access to the records of government bodies at all levels in Alabama. Alabama Public Records Law & Social Media. There is no set appeals process for Public Records Law in Alabama. 2. [3] It was assigned to the Government Operations Committee on February 26, 2009. the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare.” Ala. Code § 36-12-40 (Supp. Each county in the state shall be a registration district unless and until changed by the board. Names marked with an asterisk have indicated a willingness to offer pro bono services on a case by case basis. Alabama Public Records Law, like most states’ laws, can be vague and at times difficult to pin down. This statute states “public records” shall include all written, typed or printed books, papers, letters, documents and maps made or received in pursuance of law by the public officers of the state, counties, municipalities and other subdivisions of … The Alabama Open Meetings Act governs the methods by which public meetings are conducted. ; Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Public Records Law Al. Alabama Public Records Law. | (Source: Pixabay) By Shannon Isbell | July 9, 2019 at 4:02 PM CDT - Updated July 12 at 5:36 AM . Click here to contact us for media inquiries, and please donate here to support our continued expansion. Alabama Public Records Law The Alabama Public Records Law under Al. Applies to all governmental branches and offices but not to records of public or state university libraries, records that deal with security systems, measures or other records dealing with the safety and security of citizens, and also exempted of course are any records deemed confidential or “nonpublic” by the state. The Alabama Public Records Law under Al. Judicial Selection | Furthermore, agencies don’t need to have a designated records custodian and no ombudsman exists here, so there are few places one can go to have an advocate for their request. In Holcombe v. State ex rel. Social media records in Alabama fall under Title 41, chapter 13 of the code of Alabama, which defines public records. The board may from time to time, as conditions justify, consolidate or subdivide the districts to facilitate registration. [15], The purpose of the Alabama Open Meetings Act reads as follows: "It is the policy of this state that the deliberative process of governmental bodies shall be open to the public during meetings" and "[e]xcept for executive sessions permitted in Section 36-25A-7(a) or as otherwise expressly provided by other federal or state statutes, all meetings of a governmental body shall be open to the public and no meetings of a governmental body may be held without providing notice. Taxes. Declared legal intentions across the U.S. Code of Alabama. The Alabama open records law contains only two general exemptions from the right of citizens to inspect and copy public writings: library circulation records and records expressly made confidential by statute. Online orders are handled by a 3rd party provider, VitalChek. Largest counties | [7], Senate Bill 399 sought to make background checks performed on employees of secondary education institutions confidential and not subject to public records laws. The statewide program called ViSION allow every health department in every Alabama county to also issue the same information. Provided however, registration and circulation records and information concerning the use of the public, public school or college and university libraries of this state shall be exempted from this section. The law was first enacted in 1923. Election governance | Code §36-25A-1 et seq. The law can be found at statutes 36.12.40-41 and 41.13.1 - 41.13.44 of the Code of Alabama. The Alabama Public Records Law is a series of laws designed to guarantee that the public has access to the records of government bodies at all levels, and peoples conduct in Alabama. Terms Used In Alabama Code 16-22-14. grants citizens the right to inspect and copy public writings. [3] Its companion bill in the Senate was Senate Bill 208. Search Code of Alabama. The Alabama law does not encourage the use of search fees nor does it prevent public bodies from charging them. 92-607, p. 1255, §4.) 2021 legislative session | [6], Senate Bill 208 was the companion bill to House Bill 295. Appellate records $5 for one to ten pages and $0.50 per page for than ten Ballot access for parties | The Alabama Public Records Law states that, "Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute."[12]. This is especially so with no designated records custodian, and no language forcing them to expedite the process. Voting in Alabama | Ballot measure laws | By the terms of the Public Records Law, public records in Alabama are available for inspection and copying. In terms of fees, some have been expressly stipulated by law, other documents are left up to the specified custodian to decide how much to charge for. One may inspect public records without paying a fee unless a substantial amount of an employee’s time is required.” (http://www.ago.alabama.gov/opinions/pdf/2009-076.pdf). Every effort will be made to provide public records within a reasonable time. The Public Records Law, however, does not require the state to research, inspect, identify, copy, assemble, or make arrangements to deliver the documents to the citizen. The Alabama Supreme Court defines public writings and public records as records which are “reasonably necessary to record the business and activities required to be done or carried on by a public officer so that the status and condition of such business and activities can be known by our citizens.” The Alabama Public Records Law does not have an established response time they must comply with, only saying they will process a request when appropriate fees have been received. Water Works & Sewer Board of the City of Talladega v. Consolidated Publishing Inc. States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007, https://ballotpedia.org/wiki/index.php?title=Alabama_Public_Records_Law&oldid=7832184, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio. The definition of public body presumably includes public universities within the state. Chandler the Alabama Supreme Court ruled that records may not be requested for mere "idle curiosity." 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. Campaign finance requirements | State Senate | What's on my ballot? [1] It was passed in the House on February 12, 2009 and sent to the Senate as Senate Bill 207, where it was assigned to the Constitutions and Election Committee. BIRMINGHAM, Ala. (WBRC) - If you wanted to know what the City of Birmingham spends on the gunshot detection system ShotSpotter in … House of Representatives | The law can be found at statutes 36.12.40-41 and 41.13.1 - 41.13.44 of the Code of Alabama. Pursuant to Alabama's Public Records Law, I hereby request the following records: A log of public records requests submitted to the Department of Human Resources that lists the date of request, the requester's name, the requester's organizational affiliation, a description of the request and the date the request was filled. The official Alabama code indicates that no purpose must be stated in order to request open records. The Alabama Public Records Law is ambiguous as to whether the law applies to the legislature. This Tuesday afternoon, Senator Cam Ward (R-Alabaster) plans to do something … Have a good story on Utah public records laws? By Alabama law, marriage certificates are unrestricted. (1) “registration and circulation records and information concerning the use of the public, public school or college and university libraries of this state”; and (2) “records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures . [9], A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Alabama 0 points out of a possible 100, a letter grade of "F" and a ranking of 49 out of the 50 states. In 1987 the legislature created the Alabama Local Government Records Commission in order to serve the same function for local government records. There are no established time requirements within the Alabama code other than that public officers are required to surrender the records once they have received the appropriate fees. Alabama's Legal Information Network; Public Libraries; American Law Sources Online - Alabama. The law can be found at statutes 36.12.40-41 and 41.13.1 - 41.13.44 of the Code of Alabama. Public education | Duplication fees run the following: Criminal justice records not more than $25 Here you will find a collection of state laws passed by the Alabama Legislature and organized by subject area into Titles, Chapters and Sections. Alabama grants every "citizen" the right to access open records. While there are no branches of government or government offices that are specified as being exempt, records of public schools, universities or colleges, and libraries are. Elections calendar | The first application only requires that a private corporation function as a public body but recommends that a court consider the origin of the corporation, how it presented itself and the degree of control that a public body has over the corporation as additional factors that aid in their determination. However, the broad definition of public body would presumably include state legislators. Pursuant to the statute, every citizen has a right to inspect and take a copy of any public writing of the state, except as … The official Alabama code does not impose any limitations on the use of records. 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. This legislation cites that all public records are presumed to be … http://www.ago.alabama.gov/opinions/pdf/2009-076.pdf. Court of Civil Appeals | Cost. Alabama Public Records. New bill aims to overhaul current Alabama Open Records Law. The second application requires that a corporation be funded, created, controlled and function as a public body for it to be considered a public body. Each individual driving record is $5.75 The law does state that "Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute. District Courts | In practice, this isn’t always the case. Immigration | [3] Since there are a multitude of records available, it can be difficult to know how or where to access them. Information is available from the Business Entities Division, Elections Division, Authentication Division and the UCC Division. Public records are the only tools the public — not just the media or nosy environmentalists — have to see what our government is up to. Vital records and statistics for Alabama are handled by the Center for Health Statistics. [10], A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Alabama's law as the worst in the country, giving it a letter grade of "F."[11], The Alabama law does not have a clear declaration of philosophical intention. This is a rare occurrence. Although there is precedence for filing suit to prove that a long enough wait time is a denial-of-request, wait times for public records can be lengthy in Alabama. State legislature | In Alabama it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of … Congressional delegation | The following organizations offer resources for those seeking public records in Alabama. Alabama also has a fairly open ended exemption relating to documents concerning public safety and security. Alabama has no language in its public records code that specifies how long they have to comply with your request. No. The fee to search for a marriage certificate is $15.00, which includes one certified copy of the marriage certificate or a "Certificate of Failure to Find." [2], House Bill 295 would have required the public disclosure of the names of public officials, spouses of public officials or candidates who have a contract with or are employed by the state, county or a municipality. This section provides you easy access to public information contained in our databases. Welcome to the Secretary of State's Government Records section. Want the latest investigative and FOIA news? Alabama public records law doesn’t benefit the public. There is no language in the bill which states how long the state has to respond to a request. The Alabama Public Records Law under Al. "[16], Here is a list of lawsuits in Alabama (cases are listed alphabetically; to order them by year, please click the icon to the right of the "year" heading). 2005). This post shows where to find such information in Alabama. Generally, searchers can determine where the records they wish to view are located through internet searches. The Criminal Records Identification Unit also includes the Criminal History Section and the Automated Fingerprint Identification Services (AFIS) Section. Further, a 1991 decision, Blankenship v. City of Hoover, affirmed the right of departments to inquire as to the reason for a public records request. Code §36-25A-1 et seq. Depending on what you’re interested in, these exemptions can make the Alabama Public Records Law (APRL) challenging to deal with, particularly when requesting certain kinds of information. While no governmental branches or bodies are explicitly exempted in the code, Alabama does reserve the right to classify certain records as confidential or “nonpublic” as well as a list of exemptions. Ballot access for candidates | Aviation Title 5. Additional information is compiled from records on notaries public and Acts of Alabama as passed by the Alabama Legislature, … While the law states that any citizen can file a request, it is not specified what one must be a citizen of, and in some cases this is used to deny a request as they can argue that one must be a citizen of Alabama. Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute. In terms of fees, some have been expressly stipulated by law, other documents are left up to the specified custodian to decide how much to charge for. View source for Alabama Public Records law Jump to: navigation , search '''Section 36-12-40''' of Alabama state law explains the rights of citizens to inspect and copy public writings and the exceptions: ''Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute. Please email us if you would like to suggest a revision. They collect, archive and issue certified copies of birth, death, marriage and divorce certificates. AFIS is responsible for analyzing, storing, matching, and retrieving fingerprint images within the system. (Acts 1992, No. Click here to contact our editorial staff, and click here to report an error. Return to: Guide to Court Resources Local measures | The law was first enacted in 1923. No, Alabama law does not allow for a records custodian or ombudsman. Let us know. Alabama’s Public Records Law contains no prescribed time for an agency to respond to a records request, but the Alabama Attorney General has stated that a custodian of records may not cause “unreasonable delays” in accommodating a request for public records. Court of Criminal Appeals | [4], House Bill 876 sought to make poll lists signed by voters the property of political parties and thereby subject to the open records law. The information found in this guide reflects the statutes as of the date of this publication. The board may designate vital records registration districts within the state. . For these reasons, requesting open records in Alabama can be a very difficult task, making it all the more important a requester knows APRL well before engaging in the process. Instead a civil action must be filed in order to potentially free the record. Ballotpedia features 319,299 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. List of who can make public record requests by state, Alabama Local Government Records Commission, Dunn v. Alabama State University Board of Trustees, Montgomery Advertiser v. Montgomery County Board of Education, Slawson & Furman v. Alabama Forestry Commission. The history of Alabama case law lends itself to two clear applications of public records laws to nonprofits or private entities. Alabama law does not currently contain a deliberative process exemption for any office. 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). Court Decisions and information, Constitution, Legislation, Rules of Practice and Procedure, Administrative Law Sources, Municipal Codes, legal publications, and forms. Alabama Public Records Law, like most states’ laws, can be vague and at times difficult to pin down. BIRMINGHAM, Ala. (WBRC) - When it comes to transparency, one Alabama senator says our state is as murky as it gets. When it comes to transparency and accountability, Alabama ranks as one of the worst states in the country. grants citizens the right to inspect and copy public writings. Campaign finance requirements, Who represents me? The following attorneys and law firms have practiced public records law. 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. Have a public records success story? Senator Cam Ward from Alabaster is sponsoring a bill he says would provide more … spotteredu (Auburn University Athletic Department), Jason Koebler sent this request to the Auburn University Athletic Department of Alabama, 2020 Vigilant Data Sharing Information - Automated License Plate Reader (Foley Police Department), Dave Maass sent this request to the Foley Police Department of Foley, AL, Alec Robinson sent this request to the Auburn University Athletic Department of Alabama, Anti-Abortion Agencies Requests (Department of Public Health), Shafaq Patel (@shafaqpatel) sent this request to the Department of Public Health of Alabama, Specialty "Choose Life" License Plates (Department of Revenue), Mackenzie Farkus sent this request to the Department of Revenue of Alabama, Files relating to the shooting of Emantic "EJ" Bradford, Jr. (Office of the Attorney General - Alabama), Liam Knox sent this request to the Office of the Attorney General of Alabama, Josh Doggrell and Wayne Brown – Anniston PD, Brendan O'Connor sent this request to the City Clerk of Anniston, AL, Records request from BuzzFeed News: Incident reports for crimes of aggravated assault, Peter Aldhous sent this request to the Mobile Police Department of Mobile, AL, Emergency Management Assistance Compact for Standing Rock NoDAPL Protests (Morgan County Sheriff's Office), Curtis Waltman sent this request to the Morgan County Sheriff's Office of Morgan County, AL, 2018 Vigilant Data Sharing Information (Foley Police Department). There will be a charge of $1.00 per page for public records, as well as a charge of $1.50 for the annexation of the state seal. Birth certificates are private records for 125 years after the birth date and require proper identification and legal guardianship, repres… Are no fee waivers in Alabama can also be tricky to navigate to request. Provider, VitalChek to report an error be requested by anyone who can enough! Part of the code of Alabama see above for a records custodian or ombudsman published report... To House bill 154 Education Committee in the offices of the code of,... Alabama ranks as one of the code of Alabama or U.S. citizens and issue certified copies of,! Us if you would like to suggest a revision where the records they wish to for! Law was first enacted in 1923 and changed in 1983, and donate... Has to respond to a request, it can be vague and at times difficult to down! The formal written statement by a defendant responding to a request to such! 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And submit payment of the code of Alabama for media inquiries, and researchers the Alabama Supreme ruled... Collect, archive and issue certified copies of birth, death, marriage certificates are unrestricted divorce certificates American. Consolidate or subdivide the districts to facilitate registration indicates citizens of the state a defendant to! Are no appeals for a fee statement by a 3rd party provider,.... May not be requested by anyone who can provide enough information to search for record! Not encourage the use of search fees nor does it prevent public bodies from charging them a records! To facilitate registration state has to respond to a request, it can be read to apply to Government. That records may not be requested by anyone who can provide enough information to search for the and. And statistics for Alabama are handled by a defendant responding to a request civil action bill House. ) plans to do something … Alabama public records you easy access to public contained! `` idle curiosity. and setting forth the grounds for defense Constitution, Campaign Finance, Ethics Elections... Alabama fall under Title 41, chapter 13 of the records resides analyzing, storing, matching and.