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Asked and Answered

Record of state and federal spending

June 14, 2009

Question

What would it take to compel the California legislature and judiciary to make public all records pertaining to how state and federal tax monies are spent?

Would not the California Public Records Act have to comply with Federal Law (i.e. Freedom of Information Act)?

If not, could not a suit be brought in federal court seeking an injunction to force the state legislature and judiciary to make public all records of how tax dollars are spent?

Answer

The federal Freedom of Information Act only covers federal agencies — it does not govern the obligations of state governments. Thus there is no issue of the California Public Records Act “complying” or not with the federal FOIA. Any suit to force a California government agency to comply with its obligations under the Public Records Act or other obligation of California law should thus be filed in the California state court system.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.