Assembly Passes Legislative Package During Sunshine Week to Improve Government Transparency

Speaker Carl Heastie announced today that the Assembly has passed a package of legislation to improve government transparency during Sunshine Week. This week seeks to highlight the importance of public records and transparent governance.

“This is a critical time in our country’s history to ensure our state is standing on the forefront of government transparency and freedom of the press,” said Speaker Heastie. “By expanding access to agency records, we’re building trust within the work our government is doing to make the everyday lives of New Yorkers better.”

This package includes legislation (A.1410, Rosenthal) to alter the trade secret exemption under the Freedom of Information Law (FOIL). Current law allows for records exempt from disclosure under FOIL due to the trade secret exemption to retain that exemption effectively indefinitely, even if the justification has faded. This legislation requires the party requesting the exemption to note which parts of the record are exempt and provides a maximum three-year time limit for the exemption.

“Maintaining a working democracy hinges on the promise of an open and free government,” said Assemblymember Linda B. Rosenthal. “However, all too often, businesses weaponize our state’s FOIL laws to shield their practices or certain information from the public forever. My legislation shines a light on that practice by requiring businesses to meet certain requirements before automatically denying the public pertinent information. Now, more than ever, transparency matters. I am proud that my legislation furthers our democratic values, and I thank Speaker Heastie for helping to get this important measure over the finish line.”

The Assembly also passed a bill (A.2321, McDonald) that requires state agencies to report detailed information on FOIL requests received or pending to the Committee on Open Government on an annual basis. This information includes the requestor’s name, the subject, response times, decision, appeals, fees collected and the legal challenges the FOIL faced. The Committee on Open Government would then compile and publish the logs in its annual report.

Also passed in this legislative package is a bill (A.2573, McDonald) that would require all state agencies to make public documents available in a digital format. This would expand accessibility to nonconfidential documents and provide the ability to print the documents if needed.

“These bills are vital to modernizing our state’s public records and ensuring we’re keeping up with FOIL requests across all state agencies,” said Assemblymember John T. McDonald III. “An open and transparent government is a foundational aspect of our nation, and this package takes important steps to ensuring New York remains open to all our constituents.”

This package includes legislation (A.6707, Solages) that requires state agencies to publicly post information about contracts that were not reviewed by the Office of the New York State Comptroller (OSC) because they were either emergency contracts or exempted from review by law. Within 30 days of signing the contract, state agencies must list the legal basis for the exemption, the details of the contract and whether it was competitively bid.

“OSC is a key safeguard in the contract review process, ensuring fairness and competitive bidding,” said Assemblymember Michaelle C. Solages. “Making exempt contracts publicly accessible strengthens transparency and accountability, giving New Yorkers greater confidence in how their tax dollars are spent.”