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A02321 Summary:

BILL NOA02321A
 
SAME ASSAME AS S09739-A
 
SPONSORMcDonald
 
COSPNSRSimon, Kelles, McMahon, Epstein, Simone, Burroughs, Cruz, Reyes, Sayegh, Colton, Otis, Steck, Lee
 
MLTSPNSR
 
Ren §90 to be §90-a, add §90, Pub Off L
 
Requires all agencies to submit to the committee on open government a log of all freedom of information law requests for each year in which they received or have pending a request for records; requires the committee on open government to publish, on one webpage, all freedom of information law request logs it receives.
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A02321 Actions:

BILL NOA02321A
 
01/16/2025referred to governmental operations
03/11/2025reported
03/13/2025advanced to third reading cal.55
03/17/2025passed assembly
03/17/2025delivered to senate
03/17/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/07/2026DIED IN SENATE
01/07/2026RETURNED TO ASSEMBLY
01/07/2026ordered to third reading cal.84
03/19/2026passed assembly
03/19/2026delivered to senate
03/19/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/01/2026recalled from senate
06/01/2026RETURNED TO ASSEMBLY
06/01/2026vote reconsidered - restored to third reading
06/01/2026amended on third reading 2321a
06/04/2026repassed assembly
06/04/2026returned to senate
06/04/2026COMMITTED TO RULES
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A02321 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2321A
 
SPONSOR: McDonald
  TITLE OF BILL: An act to amend the public officers law, in relation to requiring agen- cies to report information about FOIL inquiries to the committee on open government   PURPOSE OR GENERAL IDEA OF BILL: To require agencies subject to the public officers law to report to the committee on open government information about FOIL inquiries and agency responses   SUMMARY OF PROVISIONS: Section one of the bill adds a new section 90 to the public officers law. Subdivision 1 of the new section 90 requires state agencies that perform governmental or proprietary functions for the state to submit to the committee on open government a log of freedom of information law requests for every year that those agencies have received or have pend- ing such requests, and enumerates the content and format of such logs. Subdivision 2 of the new section 90 outlines reporting requirements for agencies that perform governmental or proprietary functions for munici- palities. Subdivision 3 of the new section 90 directs the committee on open government to publish the FOIL request logs it receives in machine-read- able format. Subdivision 4 of the new section 90 requires the committee on open government to provide in its annual report the total number of FOIL logs submitted by agencies pursuant to the new section 90. Subdivision 5 of the new section 90 requires the committee to publish a report outlining recommendations regarding changes to FOIL requirements. Section two of the bill sets forth the effective date of the new section 90.   JUSTIFICATION: Since 1974, New York's Freedom of Information Law has allowed the public to access a myriad of public documents and records, shining light on what can be obscure or complicated government processes and decision- making. Like its federal counterpart, New York's FOIL requests are a key tool for the press, the public, and advocates to hold state and local governments accountable to New Yorkers. Though FOIL is a crucial asset for transparent government in New York, we have little understanding of the full extent of its utilization. Agencies subject to New York's public officers law are not required to report to the legislature or to the public information, about how such requests are received, what information is requested, and how such requests are responded to. This bill would require all state and local agencies subject to the public officers law to report basic information about their FOIL request receipts and responses to the committee on open government, and tasks the committee with making such information available to the public. Agencies that did not have any new or pending FOIL requests in any given year are not required to report. In finally collecting and publishing data about utilization of and compliance under FOIL, this bill would increase government transparency and accountability.   PRIOR LEGISLATIVE HISTORY: 2026: A2321 (McDonald) - Passed Assembly 2025: S0452 (Hoylman-Sigal) - Referred to Investigation and Government Operations 2025: A2321 (McDonald) - Passed Assembly 2024: S8671(Hoylman-Sigal) - Referred to Investigation and Government Operations 2024: A9621 (McDonald) - Passed Assembly   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law
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A02321 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2321--A
                                                                 Cal. No. 84
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  McDONALD,  SIMON,  KELLES,  McMAHON, SIMONE,
          BURROUGHS, CRUZ, REYES, SAYEGH, COLTON, OTIS, STECK, LEE -- read  once
          and referred to the Committee on Governmental Operations -- ordered to
          a  third  reading  --  passed by Assembly and delivered to the Senate,
          recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
          reprinted, retaining its place on the special order of third reading
 
        AN  ACT to amend the public officers law, in relation to requiring agen-
          cies to report information about FOIL inquiries to  the  committee  on
          open government
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 90 of the public officers law is renumbered section
     2  90-a and a new section 90 is added to read as follows:
     3    § 90. FOIL request reporting.  1. All agencies  that  perform  govern-
     4  mental  or  proprietary  functions for the state subject to this article
     5  shall, for each year in which they received or have  pending  a  request
     6  for  records under this article, submit to the committee on open govern-
     7  ment their log of all such freedom of information law requests. For  the
     8  purposes  of this section, pending shall mean requests that were open at
     9  any point during the twelve-month period, including those first  submit-
    10  ted in prior years. The freedom of information law request logs shall:
    11    (a) cover a twelve-month range of dates as prescribed by the committee
    12  on  open  government  and  shall  include  data  regarding  all requests
    13  received or pending during that range of dates;
    14    (b) be submitted on a schedule prescribed by  the  committee  on  open
    15  government;
    16    (c) be in a machine-readable, tabular spreadsheet format prescribed by
    17  the committee on open government, including but not limited to the order
    18  of the data fields included;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01981-03-6

        A. 2321--A                          2
 
     1    (d)  be  submitted  in a method as prescribed by the committee on open
     2  government, such as by electronic mail, web form, web portal,  or  other
     3  method as prescribed by the committee;
     4    (e)  include  data  prescribed  and  defined  by the committee on open
     5  government, but at the minimum including:
     6    (i) the name of the requestor, or an indication that the requestor  is
     7  a  "private  individual"  if  the request did not include an affiliation
     8  and/or employer on whose behalf the request was made;
     9    (ii) the affiliation and/or the employer of the requestor, if applica-
    10  ble;
    11    (iii) the subject or subjects of the request;
    12    (iv) the date of receipt of the request;
    13    (v) the date of acknowledgment by the agency of the request;
    14    (vi) the date of  the  expected  response  time  as  provided  in  the
    15  acknowledgment;
    16    (vii) the number of extensions of time to respond to date;
    17    (viii)  the  date  of  the  final  response  or  of the closure of the
    18  request, if applicable;
    19    (ix) whether the request was granted in whole;  granted  in  part  and
    20  denied in part; or denied;
    21    (x)  if  the  request  was  denied  in  whole  or  in  part, a list of
    22  exemptions cited in the final response, if applicable;
    23    (xi) if the request was denied in whole or in part, whether the agency
    24  determined there were no responsive records;
    25    (xii) the date an appeal of the final response was filed,  or  whether
    26  no appeal was filed;
    27    (xiii) the status of any appeals, including whether the appeal was:
    28    (A) not filed;
    29    (B) filed and pending;
    30    (C) filed and granted in whole;
    31    (D) filed and granted in part and denied in part; or
    32    (E) filed and denied;
    33    (xiv) a list of exemptions cited in an appeal denial, if applicable;
    34    (xv) the amount, in dollars, of total fees collected from requestor;
    35    (xvi) how many documents were produced;
    36    (xvii) how many pages were produced;
    37    (xviii) whether any of the produced documents were redacted;
    38    (xix)  whether  the  request  was  subject to a proceeding filed under
    39  article seventy-eight of the civil practice law and rules, and if so:
    40    (A) the  result,  including  judgment  for  petitioner;  judgment  for
    41  respondent; or settlement;
    42    (B)  the date of the final judgment, whether it be a final judgment or
    43  stipulation of dismissal pursuant to a settlement;
    44    (C) the amount of attorney fees assessed by the court to  be  paid  by
    45  the agency, if any;
    46    (D) the date of any appeal of the article seventy-eight judgment; and
    47    (E) the result of any appeal of an article seventy-eight judgment; and
    48    (f) be published on the agency's website.
    49    2.    By  January first of each year, the committee on open government
    50  shall publish, on one webpage, all freedom of  information  law  request
    51  logs  it receives, in a machine-readable format such as a spreadsheet or
    52  comma separated value file, in addition to any  other  format  it  shall
    53  determine,  and  such  logs  and  submissions shall be preserved on such
    54  webpage. The committee and the office of information technology services
    55  shall additionally publish and preserve row-level data of such logs  and
    56  submissions  on  data.ny.gov  or such other successor website maintained

        A. 2321--A                          3
 
     1  by, or on behalf of, the state, as deemed appropriate by the  office  of
     2  information technology services under executive order 95 of 2013, or any
     3  successor agency or order.
     4    3. The committee on open government shall at a minimum provide, in its
     5  annual report required by section eighty-nine of this article, the total
     6  number  of FOIL logs submitted by agencies pursuant to this section, and
     7  the committee shall further be authorized to analyze  the  data  in  the
     8  freedom  of  information law request logs and use such data and analyses
     9  thereof in such annual report or other reports or analyses.
    10    § 2. This act shall take effect on the ninetieth day  after  it  shall
    11  have become a law.
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