State Public Records Request: How It Differs From FOIA

Does FOIA cover state and local agencies?

No. The federal Freedom of Information Act (FOIA) gives the public the right to request records from federal agencies ^[1]. It does not apply to state and local governments ^[1]. It also does not apply to federal courts or Congress ^[1].

So a request to a city hall, a county office, or a state agency does not go under FOIA. ^[1] It goes under that state's own law.

FOIA still makes a useful baseline. Under the statute, an agency must make records promptly available to any person once a request meets the statute's conditions ^[2]. Agencies must disclose requested information unless it falls under one of nine exemptions ^[1]. Those exemptions protect interests such as personal privacy, national security, and law enforcement ^[1]. Federal agencies have 20 working days to decide whether to comply ^[2].

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FOIA.gov also gives one habit worth keeping. It tells requesters to identify the correct agency before they send a federal request ^[1]. The same habit helps at the state level: find the office that holds the record before you write.

Does every state have its own records law?

Expect your state to have its own law, with its own name and its own rules, because FOIA does not reach state governments ^[1]. Four examples show the pattern.

Texas calls its law the Public Information Act, or PIA. ^[3] California puts its records access rules in its Government Code ^[4]. Under New York's open records statute, within five business days of a written request that reasonably describes a record, an agency must make the record available, deny the request in writing, or acknowledge it in writing ^[5]. Virginia has an open records law with its own rules ^[6].

Name the right law in your request. Cite your state's statute, not FOIA, because FOIA does not apply to state governments ^[1].

The talk below is long, but it makes a simple point: start by reading your state's law.

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Who can file a state public records request?

State laws answer this differently. Some let any person file. Others tie the right to citizenship. Check this first, because some states limit who may file, as Virginia does for its citizens ^[6].

California

Under the California Government Code, every person has a right to inspect any public record, except as otherwise provided ^[4]. The "except as otherwise provided" part matters, because the law carries exceptions.

Texas

The Texas Attorney General describes the PIA as a mechanism for citizens to inspect or copy government records ^[3]. The Reporters Committee reports that anyone, citizen or not, can request Texas public information for any reason or use ^[7]. It adds that the Act does not require the requestor to be a Texas resident ^[7]. Texas governmental bodies must treat all requestors equally ^[3].

Virginia

Virginia is stricter. According to the Reporters Committee's guide, the right to inspect records belongs to citizens of the Commonwealth ^[6]. The U.S. Supreme Court has held that limiting the law to Virginia citizens does not violate the Privileges and Immunities Clause or the dormant Commerce Clause (McBurney v. Young) ^[6].

Virginia's law also specifically grants rights to representatives of newspapers and magazines with circulation in the state ^[6]. It does the same for radio and television stations broadcasting in or into the state ^[6].

If you need to show who you are and what you publish, you can see how a press credential can document your work. An NPA credential is not government-issued. It does not change what any records law gives you.

How fast must a state agency respond?

Deadlines differ from state to state. They also measure different things. Read each one closely.

• Federal: an agency has 20 working days to decide whether to comply with a FOIA request ^[2].
• California: within 10 days of receiving a request, the agency must determine whether it seeks disclosable public records in the agency's possession ^[8].
• California extensions: a written notice extending the time in unusual circumstances may not specify a date that results in an extension of more than 14 days ^[8].
• New York: within five business days of a written request that reasonably describes a record, the agency must make the record available, deny the request in writing, or acknowledge it in writing with an approximate date for a decision ^[5].
• New York follow-up: if the agency grants the request but cannot disclose within twenty business days of the acknowledgement, it must state in writing the reason and a date certain within a reasonable period ^[5].
• Virginia: a custodian of a requested record must promptly, and in all cases within five working days of receiving the request, provide the requested records ^[6].
• Texas: if a governmental body will take longer than ten business days to produce the information, it must tell you when the information will be released ^[3].

Do not read these as one rule. In California, the early deadline is for a determination ^[8]. In New York and Texas, the early deadline can end with an acknowledgement or a release date instead of the records ^[5]. ^[3]

Also watch how each law counts time. California says days ^[8]. New York and Texas say business days ^[5]. ^[3] Virginia says working days ^[6].

Write down the date you send each request. Then mark the deadline for your state on your calendar ^[8]. ^[5]

How do exemptions and withholding work?

Records laws can carry limits. Federal FOIA lists nine exemptions that protect interests such as personal privacy, national security, and law enforcement ^[1]. California's right to inspect public records applies "except as otherwise provided." ^[4]

Texas shows how one state reviews withholding. In Texas, a governmental body that withholds any requested information must in most cases ask the Attorney General's office for a ruling ^[3]. The body, not you, starts that review ^[3].

Other states may handle withheld records in their own ways. Check your state's law for how it treats them.

How do you file a state records request, step by step?

1. Find your state's law and read it. Look up its name, its deadlines, and who may file. The guide in the last section can start you off.
2. Identify the agency that holds the record. FOIA.gov advises requesters to identify the correct agency before they send a request ^[1].
3. Confirm you may file. Some states limit the right to their own citizens, as Virginia does ^[6]. Others, like California, say every person ^[4].
4. Describe the record. New York's deadline runs from a written request for a record "reasonably described." ^[5] Name the record, the agency, and a date range.
5. Keep it short and put it in writing. A written request gives you a dated paper trail, and New York's response clock starts from one ^[5].
6. Cite your state's law by name. FOIA does not apply to state and local governments ^[1].
7. Send it, and save a copy with the date and the method you used.
8. Calendar the response deadline for your state ^[8]. ^[5]

Keep a file for each request. Store the request, the dates, and every reply. If you also want a way to show you work as an independent journalist, you can join the National Press Association. Membership does not give you legal rights to any record.

What can you do if an agency delays or denies?

Start by reading what the agency sent. A reply may be a denial, an acknowledgement, or a new date. Under New York's law, an agency can deny a request in writing, and keeping that writing preserves the stated reason ^[5]. Under New York's law, if an agency grants a request but cannot disclose within twenty business days of the acknowledgement, it must give a written reason and a date certain ^[5].

Texas gives requesters a specific route. If a governmental body fails to respond, or fails to request an attorney general ruling, within ten business days, you may seek assistance from the Attorney General's Open Records Division ^[3].

In California, check any extension notice against the 14-day limit ^[8]. If the date runs past that limit, note it in your file.

If a deadline passes, send a short follow-up. Name the date of your request and the deadline your state's law sets ^[8]. ^[5] Other states may offer their own appeal paths. Check your state's law for yours.

Where can you find your state's law?

The Reporters Committee for Freedom of the Press publishes an Open Government Guide, including pages for Virginia and Texas ^[6]. ^[7] Use the index below to look for your state.

The Texas Attorney General also publishes an overview of the Public Information Act ^[3]. For statute text, go to your state's own legislature site, as with California Legislative Information and the New York State Senate ^[8]. ^[5]

What are the limits of this guide?

This guide covers federal FOIA and four state laws. It is not legal advice, and it does not cover every state.

Statutes change, and agencies set their own procedures. Before you rely on a deadline, confirm the current text of your state's law and your agency's procedures. If a denial matters to your reporting, talk to a lawyer who handles press and records cases.