Relates to the maximum allowable time frames to respond to requests for records under the freedom of information act.
Summary
S02520 amends New York’s Freedom of Information Law (FOIL) to impose new maximum time frames for agencies to produce records after they decide to grant a request in whole or in part. Under the bill, agencies must provide records within 180 days for requests made before December 31, 2026, within 90 days for requests made during 2027, and within 60 days for requests made on or after January 1, 2028. If an agency cannot meet the applicable deadline, it must give a detailed written explanation, describe the steps being taken to produce the records as soon as possible, and provide monthly progress updates to the requester and the Committee on Open Government, with the notice signed by the agency commissioner.
Impact
The bill changes the Public Officers Law by adding enforceable production deadlines to FOIL responses and by creating a new notice-and-update process when agencies cannot meet those deadlines. It also reinforces existing FOIL provisions requiring agencies to acknowledge requests within five business days, accept email requests where feasible, provide online request submission for state agencies with websites, and retrieve electronic records when reasonably possible. The measure is intended to speed access to public records and increase agency accountability, while still allowing exceptions for federal-law restrictions, safety-related access problems, and unusually voluminous requests.
Sentiment
The available voting history shows strong bipartisan support and no recorded opposition: the Senate committee approved the bill 7-0, the Senate passed it 59-0, and the Assembly passed it 145-0. That unanimous or near-unanimous support suggests broad agreement that FOIL response times should be more predictable and that agencies should be held to clearer deadlines. No committee transcript was provided, so there is no recorded debate to indicate significant resistance in the available materials.
Contention
The main policy tension in the bill is between faster public access to records and the administrative burden on agencies. The bill addresses concerns about delay by limiting agencies’ ability to rely on staffing shortages or general burden as a reason to withhold records, while also recognizing practical constraints through exceptions for federal restrictions, safety issues, and exceptionally voluminous requests. Any contention would likely come from agencies concerned about resource demands and compliance capacity, while supporters would include transparency advocates, open-government groups, journalists, and requesters seeking more timely FOIL responses.
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.
Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law when either the person has substantially prevailed, or if the agency failed to respond within the statutory time.
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.