Requires agencies subject to FOIL requirements to promulgate rules and regulations regarding to whom a requestor may appeal a denial and how to request records from or appeal a denial; makes certain provisions relating to publication of contact information for FOIL requests and appeals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11143
SPONSOR: Kassay TITLE OF BILL:
An act to amend the public officers law, in relation to certain reforms
for agencies subject to the freedom of information law
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to improve public access to government
records by modernizing Freedom of Information Law (FOIL) processes,
ensuring that appeals can be submitted electronically, and requiring
agencies to clearly publish contact information for records access and
appeals.
SUMMARY OF PROVISIONS:
Section 1. Subparagraph ii of paragraph (b) of subdivision 1 of section
87 of the public officers law, as added by chapter 933 of the laws of
1977, is amended to require agencies to identify the persons responsible
for records access and appeals, including providing mailing and email
addresses and instructions for submitting requests and appeals.
Section 2. Subdivision 4 of section 87 of the public officers law, as
added by chapter 890 of the laws of 1981 and paragraph (c) as added by
chapter 102 of the laws of 2007, is amended to require. agencies that
maintain a website to post FOIL-related information online, including
contact information for records access, instructions for submitting
requests, and the times and locations records are available. Further
requires such information to be linked to the Committee on Open Govern-
ment's website.
Section 3. Paragraphs (b) and (c) of subdivision 3 of section 89 of the
public officers law, paragraph (b) as amended by chapter 223 of the laws
of 2008 and paragraph (c) as added by chapter 47 of the laws of 2018,
are amended and a new paragraph (d) is added to require agencies, where
feasible, to accept and respond to records requests and appeals via
electronic mail, to provide for online submission of requests through
agency websites, and to post contact information for records access
officers and appeals bodies.
Section 4. Paragraph (a) of subdivision 4 of section 89 of the public
officers law, as amended by chapter 22 of the laws of 2005, is amended
to require agencies to accept appeals electronically, including via
email and through any online request portal, and to forward copies of
appeals and determinations to the Committee on Open Government.
Section 5. Establishes the enacting clause.
JUSTIFICATION:
The Freedom of Information Law (FOIL) is one of the public's most impor-
tant tools for understanding how government operates. It allows journal-
ists, advocates, researchers, and everyday New Yorkers to access records
that shape decisions in their communities. For many, it is the only
practical way to obtain information from state and local agencies.
In practice, however, the process does not consistently meet that stand-
ard. While most agencies accept FOIL requests electronically, appeals of
denials are not treated the same way. Individuals who submit requests
online are, in some cases, required to file appeals by mail. This
requirement creates a clear and unnecessary barrier. It delays time-sen-
sitive requests, increases costs, and discourages individuals from
pursuing legitimate appeals.
This legislation addresses that gap directly. It requires that any agen-
cy accepting FOIL requests electronically must also permit appeals to be
filed electronically. This is not a new or burdensome requirement. Many
agencies already have this capability through existing systems. For
others, email provides a straightforward and widely accessible option.
The legislation also strengthens transparency by requiring agencies to
publish clear and accessible contact information for records access
officers and appeals bodies. Although FOIL requires these designations,
they are not always easy to locate. This results in confusion, delays,
and misdirected requests. By modernizing the appeals process and ensur-
ing that key information is readily available, this legislation rein-
forces FOIL as a practical and effective tool for accountability and
public understanding.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
11143
IN ASSEMBLY
April 24, 2026
___________
Introduced by M. of A. KASSAY -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to certain reforms
for agencies subject to the freedom of information law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph ii of paragraph (b) of subdivision 1 of
2 section 87 of the public officers law, as added by chapter 933 of the
3 laws of 1977, is amended to read as follows:
4 ii. the persons from whom such records may be obtained, and to whom a
5 requestor may appeal a complete denial, partial denial, or constructive
6 denial, and how to request records from or appeal denials to such
7 persons, including but not limited to a mailing address and an email
8 address for each such person; and
9 § 2. Subdivision 4 of section 87 of the public officers law, as added
10 by chapter 890 of the laws of 1981 and paragraph (c) as added by chapter
11 102 of the laws of 2007, is amended to read as follows:
12 4. (a) Each state agency which maintains records containing trade
13 secrets, to which access may be denied pursuant to paragraph (d) of
14 subdivision two of this section, shall promulgate regulations in
15 conformity with the provisions of subdivision five of section eighty-
16 nine of this article pertaining to such records, including, but not
17 limited to the following:
18 (1) the manner of identifying the records or parts;
19 (2) the manner of identifying persons within the state agency to whose
20 custody the records or parts will be charged and for whose inspection
21 and study the records will be made available;
22 (3) the manner of safeguarding against any unauthorized access to the
23 records.
24 (b) [As used in this subdivision the term "agency" or "state agency"
25 means only a state department, board, bureau, division, council or
26 office and any public corporation the majority of whose members are
27 appointed by the governor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15378-01-6
A. 11143 2
1 (c)] Each [state] agency that maintains a website shall post informa-
2 tion related to this article and article six-A of this chapter on its
3 website. Such information shall include, at a minimum, contact informa-
4 tion for the persons from whom records of the agency may be obtained as
5 promulgated pursuant to subparagraph ii of paragraph (b) of subdivision
6 one of this section, the times and places such records are available for
7 inspection and copying, and information on how to request records in
8 person, by mail, [and, if the agency accepts requests for records elec-
9 tronically,] by e-mail, and by any other additional means the agency
10 shall designate. [This posting] Such postings by state agencies shall be
11 linked to the website of the committee on open government.
12 § 3. Paragraphs (b) and (c) of subdivision 3 of section 89 of the
13 public officers law, paragraph (b) as amended by chapter 223 of the laws
14 of 2008 and paragraph (c) as added by chapter 47 of the laws of 2018,
15 are amended and a new paragraph (d) is added to read as follows:
16 (b) All entities shall, provided such entity has reasonable means
17 available, accept requests for records and appeals of denials of access
18 to records submitted in the form of electronic mail and shall respond to
19 such requests by electronic mail, using forms[, to the extent practica-
20 ble,] consistent with the form or forms developed by the committee on
21 open government pursuant to subdivision one of this section and provided
22 that the written requests do not seek a response in some other form.
23 (c) Each state agency[, as defined in subdivision five of this
24 section,] that maintains a website shall ensure its website provides for
25 the online submission of a request for records pursuant to this article.
26 (d) Each agency that maintains a website shall provide on such website
27 the name, job title, mailing address, phone number, and e-mail address
28 for such agency's records access officer and the individual or body
29 established to determine appeals by such agency.
30 § 4. Paragraph (a) of subdivision 4 of section 89 of the public offi-
31 cers law, as amended by chapter 22 of the laws of 2005, is amended to
32 read as follows:
33 (a) Except as provided in subdivision five of this section, any person
34 denied access to a record may within thirty days appeal in writing such
35 denial to the head, chief executive or governing body of the [entity]
36 agency, or the person therefor designated by such head, chief executive,
37 or governing body, who shall within ten business days of the receipt of
38 such appeal fully explain in writing to the person requesting the record
39 the reasons for further denial, or provide access to the record sought.
40 Each agency shall allow for any person to appeal denial of access to
41 records in the form of electronic mail. Any agency whose website
42 provides for the online submission of a request for records pursuant to
43 this article shall allow for any person to appeal denial of access to
44 records through such website. In addition, each agency shall immediately
45 forward to the committee on open government a copy of such appeal when
46 received by the agency and the ensuing determination thereon. Failure by
47 an agency to conform to the provisions of subdivision three of this
48 section shall constitute a denial.
49 § 5. This act shall take effect on the thirtieth day after it shall
50 have become a law. Effective immediately, the addition, amendment and/or
51 repeal of any rule or regulation necessary for the implementation of
52 this act on its effective date are authorized to be made and completed
53 on or before such effective date.
