Defining public body

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2. See also

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How a state defines the term "public records" can have critical implications for judicial and legislative decisions regarding exemptions and areas in which the law may not apply. Below is a list of various states' definition of public records within their statutory laws:

Select a state

Here is a list of definitions of public body by state:

West Virginia Freedom of Information Act

West Virginia law defines agencies as all branches of government at both the state and local levels and all bodies created by those branches or funded by public money.[1]

==== Legislature====

Yes.pngp

The legislature falls under the definition of public body found at West Virginia Code, 29B-1-2 and is subject to the West Virginia Freedom of Information Act.


==== Privatized governmental agencies==== The West Virginia law includes all private agencies that receive public funds or were created by a public agency.[2]

==== Public universities====

Status: Presumed Open
Popular Exemptions
ResearchDonorsExaminationsCourse Materials
Y
600px-Yes check.png
[3]
 

The definition of public body presumably includes public universities within the state. However, testing and exam material are explicitly exempted under West Virginia Code, 29B-1-4.

Wisconsin Open Records Law

Agencies include all branches of government at both the state and local levels and any organization that receives 50% or more of its funding from public money.[1]

It is important to note that Wisconsin law requires all departments to post their methods for filing an open records request. The legislature and local government are exempted from this statute.[2]

==== Legislature====

Yes.pngp

The legislature falls under the definition of public body found at Wisconsin statute 19.32 and is subject to the Wisconsin Open Records Law. However, the legislature is exempt from the law requiring departments to post methods for filing a records request.[3]

==== Privatized governmental agencies==== Wisconsin law incorporates two different tests to determine if private agencies are considered public bodies and subject to the law. The first strict test states that all private entities which are funded by public bodies and which perform public health services are considered public bodies and subject to the law. The second test is a five factor test which considers all 5 factors but does not require any specific factor to be present. The factors include:

  • The private agencies funding
  • Whether or not the private agency was created by a public body.
  • Whether or not the private agency presents itself as a public body.
  • Whether or not the private agency is controlled by a public body.
  • Whether or not the private agency performs a public function.[4]

==== Public universities====

Status: Presumed Open
Popular Exemptions
ResearchDonorsExaminationsCourse Materials
 

The definition of public body presumably includes public universities within the state.

See also

External links

References