Alabama Code 36-12-40: SB 270 Deadlines, Costs, and Denials

Alabama public records law gives every resident of the state the right to inspect and copy records held by state and local government offices, subject to a handful of exemptions. The governing statute is Alabama Code Section 36-12-40, and a 2024 overhaul through Senate Bill 270 added the first real response deadlines the law has ever had. If you know how to frame the request, what the agency owes you, and when the clock starts, you have real leverage.

Who Can Request Records

The right belongs to residents of Alabama.¹ SB 270 replaced the older “citizen” language with “resident,” and agencies may ask for proof such as an Alabama driver’s license or voter registration before processing your request.

The duty to produce runs against whichever public officer has custody of the record.² There is no centralized clearinghouse. If you want files from a county sheriff, you write the sheriff. If you want records from a state department, you write that department’s records officer.

What Counts as a Public Record

The Alabama Supreme Court’s working definition comes from Stone v. Consolidated Publishing Co., 404 So. 2d 678 (Ala. 1981): a record qualifies if it is reasonably necessary to document the business and activities of a public officer so the public can know the status of those operations. That includes documents, correspondence, maps, financial records, emails, and electronic files kept in the ordinary course of a government office’s work.

How to Write a Request That Gets Answered

SB 270 introduced the concept of a “proper request,” which means one specific enough that the officer can identify and locate the records without an exhaustive search.³ A vague ask for “all records related to” a broad topic invites denial or indefinite delay. Narrow the request by date range, project name, document type, or the specific office involved.

Submit it in writing. The statute doesn’t require writing, but a dated written request is what you’ll need if the agency misses a deadline and you have to prove it. Send it to the records officer or the head of the office. Say whether you want to inspect the records, receive copies, or both, and state your preferred format, electronic or paper.

Response Deadlines Under SB 270

Governor Ivey signed SB 270 on May 8, 2024.⁴ Before that, agencies faced no statutory deadline of any kind. Now the law sorts requests into two tracks depending on how much staff time the agency estimates the work will take.³

Standard Requests

A standard request is one the agency estimates it can process in fewer than eight hours of staff time (locating records, retrieving them, and redacting protected information).

The officer must acknowledge receipt within 10 business days.
Within 15 business days after acknowledgment, the agency must fulfill the request or deny it with reasons stated.
The 15-day window can be extended in 15-business-day increments by written notice, though the statute directs that standard requests be handled “as expeditiously as possible.”
If no substantive response arrives within the earlier of 30 business days or 60 calendar days after acknowledgment — or the records haven’t been produced within that window after you’ve paid estimated fees — the law creates a rebuttable presumption that the request has been denied. That presumption gives you standing to go to court.

Time-Intensive Requests

A time-intensive request is one the agency estimates will take more than eight hours of staff time.

Acknowledgment is still due within 10 business days.
Within 15 business days after acknowledging, the agency must notify you that it has classified the request as time-intensive.
You then choose: proceed as classified, narrow the request to bring it under the eight-hour threshold, or withdraw it.
If you proceed, the agency has 45 business days from your election to fulfill or deny.
Extensions come in 45-business-day increments with written notice.
Presumed denial kicks in if no substantive response arrives within the earlier of 180 business days or 270 calendar days after you elected to proceed.

Courts Are Outside the Timelines

Courts and offices identified in Article VI of the Alabama Constitution are exempt from the timelines in Sections 36-12-43 through 36-12-45.¹ The right to access judicial records still exists under statute and common law, but there is no enforceable deadline for a court clerk to respond the way there is for executive-branch agencies.

What It Costs

The statute allows a “reasonable fee” for copies without defining reasonable.² Executive Order 734, issued in 2023, put caps on executive-branch agencies:⁵

Up to $20 per hour for staff time to locate, retrieve, and prepare records, with a $20 minimum charge. The agency cannot bill you for legal review or for time spent redacting protected information.
Up to $0.50 per page for standard 8.5 × 11 paper copies.
No per-page fee for records delivered electronically.

These caps apply only to executive-branch agencies. Local governments, school boards, and other entities set their own fee schedules, and the amounts vary. Agencies may require prepayment of estimated fees before starting work, so ask about cost early if the request is large.

What Agencies Can Withhold

The presumption is disclosure, but Section 36-12-40 carves out three categories directly:¹

Registration and circulation records of public, school, and university libraries. A parent may still inspect library records pertaining to their minor child.
Records relating to security plans, safety procedures, or critical infrastructure when disclosure could reasonably be expected to harm public safety. For critical infrastructure requests, the agency must notify the owner in writing and give them a chance to comment on safety risks.
A catch-all for records whose disclosure “would otherwise be detrimental to the best interests of the public.” This gives agencies significant discretion and is a frequent source of disputes.

Separate Alabama statutes and court decisions block access to sensitive personnel files, individual tax returns, financial statements filed with the state, and records tied to active criminal investigations. Documents related to pending or threatened litigation are generally obtained through civil discovery, not public records requests.

Federal Laws That Override Access

Federal privacy statutes can block disclosure even when Alabama law would otherwise allow it.

HIPAA prevents state agencies that qualify as “covered entities” from releasing protected health information through a public records request unless another law compels the disclosure. Agencies that are not covered entities are not bound by HIPAA in this context.⁶
FERPA (20 U.S.C. § 1232g) bars schools receiving federal funding from releasing personally identifiable student education records without consent. Parents hold the access rights until the student turns 18 or enrolls in a postsecondary institution.⁷
The Driver’s Privacy Protection Act prevents state DMVs from releasing personal information from motor vehicle records without the driver’s express consent, a restriction the U.S. Supreme Court upheld in Reno v. Condon, 528 U.S. 141 (2000).

If You’re Denied or Ignored

When an agency denies your request or the deadlines run out and the presumption of denial kicks in, the remedy is a civil action in the circuit court of the county where the records custodian is located. The complaint typically seeks an injunction ordering production and, in some cases, a declaratory judgment on the right of access.

Because the law presumes records are public, the agency carries the burden of proving that a specific exemption applies to the specific records it is withholding. A general claim of exemption isn’t enough; the agency has to point to a statute, a federal law, or an established privilege that covers the documents at issue.

One thing to weigh before filing: Alabama has no statutory attorney’s-fee provision for public records cases. You pay your own costs even if you win. That reality changes the calculus on borderline claims, particularly ones with strong public interest but no commercial value, and it’s worth pricing out with counsel before you commit to litigation.

1
Alabama Legislature. Alabama Code 36-12-40 – Rights of Citizens to Inspect and Copy Public Writings; Exceptions
2
Alabama Legislature. Alabama Code 36-12-41 – Copies of Public Records to Be Provided Upon Request
3
Alabama Legislature. SB 270 Enrolled
4
Office of the Governor of Alabama. Governor Ivey Signs Public Records Reforms
5
Alabama Public Records Request. Executive Order 734 – Promoting Transparency in State Government Through Enhanced Accessibility to Public Records
6
U.S. Department of Health and Human Services. State Public Records Laws and the HIPAA Privacy Rule
7
Protecting Student Privacy. What is FERPA?