Laws governing access to state government records are referred to as public records acts, open records laws, or sunshine laws; or sometimes, as FOIA, FOIR, or even FOIL Laws, although typically FOIA applies to Federal government records. These public record act laws or PRA laws give the general public access to a wide variety of administrative records and materials. Access to these records is important for accountability and transparency of government, and the right of every person. 

The key issues involved with making PRA, Open Records Act, or Sunshine law request at the state level are detailed in each state's statute. Generally, though, these laws will include:

• A formal request is required, which can be submitted in hardcopy, via email, or via an online request form (varies by state and state agency).
• If an agency response is required within a certain time limit and what that time limit is.
• The exemptions under which agencies may deny a request.
• Any fees associated with request, but there may be an option to apply for a fee waiver or reduction of fees.
• Requests can be denied; you have the right to appeal. The statute will usually lay out that process.
• Legal advice and support (depending on the request and response) may be needed. Your librarian is not able to do this but resources are provided in Step 6 below.
• These are laws and rules - all of which are subject to revision over time, so be sure you are looking at the most up-to-date version of the law. Contact your librarian if you need help finding this version.

Have the documents already been released? 

• contact the appropriate agency to find out if the information can be obtained simply by asking for it. Not all information requires a formal request
• contact the State Archive to determine if the records have been transferred to them already.
• contact Danielle Gensch, state and local government information librarian, for guidance and assistance with this step.

Do you have enough time to go through the request process?

It can take an agency several weeks provide an initial response to your request. Response times are part of a state's public record act.  MuckRock has a charted out average response times by state to complete requests. It ranges from 30 days to several months.

There generally isn't time to submit PRA requests for a class project. Contact a librarian for other options.

Get to know the process.

When making a public records act request from state executive agencies or legislative bodies, you will want to familiarize yourself with the state's laws and any resources for making the request. While the processes are generally the same, each state can differ in their definition of what is record, what is exempted from PRA, etc. 

The two guides listed below are good starting points. They outline statutes by state but also provide you with detailed information regarding the request process, response times, exemptions, potential issues you may face.

The following resources will help you identify appropriate state public record statutes. 

Pay particular attention to the sections that define:

• Response time - how long do agencies have to reply to your request
• Exemptions - what kind of information does the law say are not considered public records, therefore not able to be requested through this process
• Fees - how much can an agency charge to produce the records you have requested; are there maximums? 
• Request Denials and Appeal - not all states have an appeal process rather a lawsuit is necessary

It is important to identify the agency, office, board, or commission that holds the records you are interested in, since that's the office you'll need to work with to make your request.

Some general tips for identifying the agency:

• Contact Danielle Gensch, state and local government information librarian, to assist you with this.
• Use newspaper articles or other news sources that identify agencies.
• Google "list of [state] agencies." Many state government websites provide a full list of their agencies (sometimes with contact information).
• Use published statistics, reports and publicly available information (e.g. websites) to identify the primary agency, and a specific unit within the agency that may be responsible for managing the information. Look for names, email, or phone number.

Before making a request, it is helpful but not required to check with agency to find out:

• Are they are in fact the correct agency to work with?
• Do they have the information you are seeking? 
• Do you need to make formal public record request? 
• Ask if there is any specific information that you should be sure to include in your request, e.g. document IDs, file numbers, etc. 
• Where should you send the request? Mailing or email address?
• Is there a specific person or department that you should send your request to? 

Not all records are kept State records retention schedules are typically managed by the State Archive.  Staff from a state archive typically work with state agencies to create the record retention schedule. 

Consult this list of Records Retention Schedules by State created by Brechner Center for Freedom of Information at the University of Florida to identify the database of retention schedules.

• Inventories of records 
• Explains what is to be kept and for how long (a few months to permanently - transferred to an archive)
• Retention based on legal, administrative, or historical purposes
• Appraisal is done by Agency & Archivist 
• Not everything is retained
• Schedules can be challenging to find and understand - call the appropriate State Archive to ask for assistance.

Guidance varies on how general or detailed your request should be. Requests that are too broad or general (i.e. a fishing expedition) will probably not be successful.  Steps 2 and 3 above will help you identify information to include in your request.  

Things to include or keep in mind when drafting a letter:

• Include the citation to the Public Records Act in the opening of your letter, e.g. California Public Records Act, California Government Code § 6250 et seq. (“CPRA”), and Article I, § 3(b) of the California Constitution and if defined in the statute, the number of days that the agency has to respond, e.g. I look forward to your reply in N days, per Section 
• Be as specific as possible especially with regards to dates, type of document, names of people, offices, or forms that gather the information you seek, etc.
  • Examples:
    • All emails sent to Governor Newsom by lobbyists between January 1,2019 - December 31, 2020.
    • California Form 602 of the Fair Political Practices Committee file between November 1, 2015 and November 30,2016
• Use reference materials like articles, map, image, glossary, data dictionary, or other documents to help define your request.

The following sources provide more guidance and sample letters:

State public record statutes usually stipulate how many days an agency has to respond to your request. This is an initial response, not necessarily fulfillment of the request. Before submitting a request, make sure you check the state PRA statute for what the required response time is for a request.  Review the Reporter's Committee Open Government Guide for the section on How Long to Wait, e.g. California How Long to Wait.

While you are waiting for a reply, you can begin to prepare for one of the following possible outcomes:

When a state agency responds to your request, they may include a fee or charge to fulfill the request. In some cases it is a nominal charge to pay for the time and resources to generate the records you request. However, the agency may give you a hefty bill, in the thousands of dollars!  There are ways to push back against that type of charge, one of which can include seeking legal counsel to assist with reviewing the statutes and rescoping your request. 

These resources and readings provide guidance and solutions if an agency wants to charge for the records.

If your request is denied, review the PRA statute to find out if the state has an appeal process.  Some states may not have an appeal process. California is such a state; the next step would be to sue the agency. 

The resource below provide information and guidance on navigating a denied request.