Bill Text: NY S09607 | 2025-2026 | General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-03-27 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S09607 Detail]

Download: New_York-2025-S09607-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9607

                    IN SENATE

                                     March 27, 2026
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment 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
        S. 9607                             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.