New York Senate Bill S04632

New York 2025-2026 Regular Session

• Introduced: 2/10/25
• Refer: 2/10/25
• Refer: 1/7/26

Caption

Provides that any entity subject to the provisions of article six of the public officers law which does not grant or deny a request for a record within twenty-five days of such request shall be deemed to have denied the request for such record; makes related provisions.

Summary

This bill amends New York’s Freedom of Information Law (FOIL) to create clearer, firmer deadlines for agency responses to records requests. Under the bill, an agency must still respond within five business days by making the record available, denying the request, or issuing an acknowledgment, but the acknowledgment date would be capped at no more than twenty days. The bill further provides that if an agency does not grant or deny a request within twenty-five days, the request is deemed denied. If an agency grants a request within twenty-five days but does not provide the records within forty days, that too is deemed a denial. The bill also reinforces FOIL’s existing requirement that agencies use electronic retrieval when records can be obtained from computer storage with reasonable effort, and it preserves the rule that agencies may not refuse requests merely because they are voluminous or burdensome if outside services could be used and the costs recovered. It also updates the appeal process so that a person who is deemed denied may appeal in the same manner as someone expressly denied access.

Impact

The bill would amend section 89 of the Public Officers Law, which governs FOIL request processing and appeals. Its main legal effect is to replace more flexible “reasonable under the circumstances” timing language with specific statutory deadlines, making late agency responses automatically count as denials and thereby triggering appeal rights. It would also strengthen the enforceability of electronic record retrieval obligations and clarify that staffing shortages or request volume are not valid grounds for refusal where outside services can be used.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a government transparency and accountability proposal rather than a controversial policy change. The overall tone of the bill is pro-disclosure and pro-requester, with an emphasis on reducing delay in FOIL processing and making agency obligations more definite. No formal opposition or support is reflected in the provided materials, but the structure of the bill suggests it is intended to address perceived agency noncompliance or slow-walking of records requests.

Contention

The likely point of contention is the bill’s stricter deadline structure, especially the automatic denial after twenty-five days and the forty-day outside limit for producing records after an initial grant. Agencies may view these provisions as difficult to meet for complex or large requests, particularly where records require review, redaction, or programming. Another possible dispute is the bill’s rejection of staffing or volume as a basis for denial, which could be seen by public bodies as imposing additional administrative and financial burdens, while FOIL advocates would likely support it as necessary to prevent delay and improve access.