R1B2

All legislative bodies are covered by the open records law.

Records of a “public official or employee” and a “governmental agency” are covered by the FOIA. Ark. Code. Ann. § 25-19-103(5)(A). This definition includes the General Assembly, legislators, legislative committees, city councils, and other bodies with legislative powers. E.g., Laman v. McCord, 245 Ark. 401, 432 S.W.2d 753 (1968) (city council); Ark. Op. Att’y Gen. Nos. 96-123 (county quorum court), 84-091 (legislative committees). The definition might not include advisory bodies. Ark. Op. Att’y Gen. No. 2006-059 (Chancellor Search Advisory Committee).

Records of the Legislature itself are subject to the Freedom of Access Act, but legislative papers and reports, working papers, drafts, internal memoranda, and similar works in progress are not public until signed and publicly distributed in accordance with rules of the Legislature. 1 M.R.S.A. § 402(3)(C).

The language of the statute is broad enough to encompass all legislative bodies. The Ohio Supreme Court has not yet applied the statute to Ohio's General Assembly. The court's recognition that the constitutional doctrine of separation of powers may inhibit the statute's application could mean that separation of powers bars the statute from applying to certain internal records of state legislators. See State ex rel. Plain Dealer Publishing Co. v. City of Cleveland, 75 Ohio St.3d 31, 661 N.E.2d 187 (1996).

The CPRA does not apply to the State Legislature or its committees. Cal. Gov't Code § 6252(a). Records of the Legislature are subject to the Legislative Open Records Act. Cal. Gov't Code § 9070, et. seq. The Constitutional Sunshine Amendment does apply to the Legislature because it applies generally to "public bodies" and to the "writings of public officials," without excluding the Legislature. Cal. Const. Art. I, § 3(b)(1).

The PIA applies. The records of all units or instrumentalities of State government or of a political subdivision of the State concerning the affairs of government and the official acts of public officials and employees are subject to the PIA. See §§ 10-611(g), 10-612(a), 10-601, 10-604. The public record statute pertains whether the document was created or merely received by the instrumentality. § 10-611(g)(1)(i)

Records of the legislature or of individual legislators are not subject to the Act except for records kept and maintained on receipt and expenditure of any public funds reflecting all financial and business transactions relating thereto. 51 O.S. § 24A.3.2.  However, a copy of a written or electronic communication "created by" a third-party public body or official and sent to a legislator would be a record of the creating public body or official subject to the Oklahoma Open Records Act in its custody, control or possession.

The records of legislative bodies other than the state legislature are subject to inspection under ORS 192.420 and the definitions of ORS 192.410(3). The state Legislative Assembly is not subject to the Public Records Law. ORS 192.410(5); see also ORS 171.405 (no requirement to keep records of acts of legislature other than enrolled laws and joint resolutions themselves) and ORS 192.005(5)(a) and (6).

The records of the General Assembly are covered by the Act.

Records of the Legislature are exempt. G.L. c. 66, § 18; Westinghouse Broadcasting Co. v. Sergeant-At-Arms of Gen. Court of Mass., 375 Mass. 179, 184, 375 N.E.2d 1205 (1978) (telephone billing records of Legislature not “public records” subject to disclosure, because Legislature is not “agency, executive office, department, board, commission, bureau, division or authority of Commonwealth).