Be it enacted by the Legislature of the State of Yap.

Section 1.

Short Title.

This Act shall be cited as “Yap State Open Records Act”.

Section 2.

Definitions.

As used in this Act, unless the content indicates otherwise, the following definitions shall apply:

(a) “Action” means any transaction of official business by a governing body.

(b) “Agency” or “Governing body” means any government entity created under the Yap State Constitution, by treaty, by law, by regulation, or by executive order, including quasi-government entities, such as for example Yap State Public Service Corporation, and any subdivisions of a government entity or quasi-government entity.

(c) “Director” means the highest authority of an agency or governing body who is responsible for overseeing the daily operations of the agency, or the person serving in the acting capacity at the time a request for public records is made.

(d) “Final action” means a collective positive or negative decision by an agency or governing body on a particular issue with substantive relevance to the public or a vote by a majority of the members of a governing body, when sitting as a body or entity and making decisions or voting upon a bill, motion, proposal, resolution, order, report, or ordinance.

(e) Person” includes any natural person, corporation, partnership, limited liability company, firm, or association.

(f) “Public business” means any matter over which the agency or governing body has supervision, control, jurisdiction, or advisory power.

(g) “Public record” means any written or printed document, report, book, paper, letter, map, Photograph, film, sound recording, or plan of a governing body, which is the property thereof and in or on which an entry has been made or is required to be made by law, or which any public officer or employee of a governing body has received or is required to receive pursuant to law or in connection with the transaction of official government business whether stored electronically or in print, but shall not include records that invade the right to privacy of any person or business entity as defined in this Act.

(h) “Resident” means an FSM citizen residing in the State, a person who is Yapese by birth, or a non­citizen who has a valid Yap State Foreign Investment Permit and is currently doing business in Yap.

(i) “Writing” means a communication in writing, including, but not limited to, letters, e-mails, facsimiles; but does not include text messages or messages sent to a telephone or through social media.

Section 3.

Open Records.

Unless specified confidentiality or privileged by law, any and all public record information shall be accessible.

(a)Every resident has the right to inspect or obtain a copy of any public document as provided in this Act.

(b) Within ten (10) business days of a written request, all public records maintained by a governing body shall be made available to the resident who made the request during regular business hours, unless:

(1) the production will take more time to produce due to exceptional circumstances;

(2) the production will take more time to produce due to the volume of information requested;

(3) the production is in violation of the Constitutions of the State of Yap or the Federated States of Micronesia, other law of the State of Yap; or

(4) the production is exempted under this Act or other applicable law.

(c) All requests for public records shall be responded to in writing, identifying when the resident can inspect the documents or if copies were requested, when the copies will be available and the costs of the copies. If production will take more than ten (10) business days, the written response shall also identify the reason for the delay. If the request for public documents is denied, the written response shall identify the reason for denying the request.

Section 4.

Exepctions.

The following information shall not be made available to the public:

(a) Information properly classified as secret in the interest of national defense or foreign policy where the disclosure of the information would compromise the current ability of the Federated States of Micronesia, the State of Yap, or the United States to provide for the defense of the Federated States of Micronesia or the State of Yap.

(b) information related solely to internal operational procedures and practices of the agency or governing body the release of which would potentially risk circumvention of law or regulations;

(c) information specifically exempted by other statutes;

(d) trade secret or privileged or confidential commercial or financial information obtained from a person or legally established corporation or entity in the State of Yap;

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