BILL NUMBER: S387
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public officers law, in relation to making certain
public records available on the internet
 
PURPOSE:
To expand the FOIL process to include a greater range of records,
increase the number of agencies eligible to FOIL requests, increase data
published on public websites, restructure the Committee on Open Govern-
ment, and create an expanded appeals process for denied FOIL requests.
 
SUMMARY OF PROVISIONS:
Section 1: Amends Section 84 of the public officer's law by adding to
the legislative declaration, affirming that the public has a right to
understand how the government operates and allocates resources. Govern-
ment agencies should proactively publish public records of interest
available to the public.
Section 2: Amends subdivisions 3 and 4 of Section 86 of the public offi-
cer's law by adding two new subdivisions 12 and 13 by adding school
districts and agencies to the list of entities that are eligible for
FOIL. Amends the definition of records and updates it to include a
broader range of electronically stored information and data, while also
adding a definition of "Publishable State Data."
Section 3: Amends Section 87 of the public officer's law by making the
Committee on Open Government, the primary FOIL regulation promulgator.
Outlines exceptions to providing information, such as information that
could interfere with an agency's investigation or judicial proceeding or
impair contract awards, excluding collective bargaining negotiations. It
mandates that agencies maintain a website and post information relating
to public documents deemed eligible to be published under the act.
Information includes the fiscal year budget and proposed collective
bargaining agreements.
Section 4: Amends Section 89 of the public officer's law by changing the
composition of the Committee on Open Government, qualifications for
those who can be selected, and providing appointment from a published
list of candidates. Takes FOIL appeals out of the agencies to be handled
by the Committee on Open Government. Clarifies and expands upon an agen-
cy's responsibilities for meeting the disclosure timeline, setting
guidelines for denials, and making all responses sworn under penalty of
perjury. Creates a procedure for appeals and extends the timeline in
which appeals can be filed from 30 days to 90 days.
Section 5: Sets effective date.
 
JUSTIFICATION:
A cornerstone of democracy government operates, makes the public's busi-
ness, and through a free press, mustis the ability for citizens to
understand how the decisions, and allocates resources. Government is the
public, individually and collectively, and have access to its records.
This legislation enhances transparency by expanding the FOIL process,
making additional agencies subject to FOIL requests, increasing agen-
cies' response responsibilities, and requiring more data to be published
on public websites. It also revises the composition and duties of the
Committee on Open Government. It broadens the appeals process for denied
requests, enabling greater public accessòto government documents and
financial records to ensure accountability.
 
LEGISLATIVE HISTORY:
Senate
2022: S8926, Referred to Investigations and Government Operations
2023: S3438A, Referred to Investigations and Government Operations
2024: S3438A, Advanced to Third Reading Assembly 2022: No Assembly Same-
As
2023: A6831A, Referred to Governmental Operations
2024: A6831A, Amend and Recommit to Governmental Operations
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S387: 84 public officers law