NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3425A
SPONSOR: Raga TITLE OF BILL:
An act to amend the public officers law, in relation to time frames for
responding to requests for records under the freedom of information act
PURPOSE OR GENERAL IDEA OF BILL:
Creates a time frame for when an agency can take to respond to a FOIL
request.
SUMMARY OF PROVISIONS:
Section 1 amends § 89(3) of the public officers law to enhance response
timelines for FOIL requests. It retains the requirement that an agency
must respond within five business days and now requires more specific
reasoning if a delay beyond twenty business days is needed. It adds
language prohibiting denials based solely on volume or staffing limita-
tions and permits agencies to hire outside help and recoup costs under
existing law.
Section 2 adds a new § 89(3-a) establishing maximum deadlines for FOIL
fulfillment:
-180 days for requests made before 12/31/2026
-90 days.for requests in 2027
-60 days for requests beginning in 2028.
Exceptions are allowed only under specific conditions (federal legal
restrictions, inaccessible records, or overly voluminous requests), and
agencies must:
- Notify the requestor and the Committee on Open Government in writing
- Provide a detailed explanation signed by the agency commissioner
-Give monthly updates until fulfilled. Section 3 establishes the effec-
tive date.
JUSTIFICATION:
New York's Freedom of Information Law is a vital tool for New Yorkers to
gain access to information that isn't readily available to the public.
Unfortunately, many agencies have effectively decided not to comply with
the law by endlessly extending their time to respond to requests, thus
making the tool ineffective. This bill will require agencies to acknowl-
edge FOIL requests and produce an approximate date, within a reasonable
time frame, for the request to be approved or denied by. This bill will
ensure that New Yorkers have access to a transparent and responsive
government when it comes to FOIL requests.
PRIOR LEGISLATIVE HISTORY:
2024 - Referred to Governmental Operations
EFFECTIVE DATE:
This act shall take effect on January 1, 2026.
