BILL NUMBER: S2520B
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public officers law, in relation to time frames for
responding to requests for records under the freedom of information act
 
PURPOSE:
Creates a time frame for when an agency can take to respond to a FOIL
request.
 
SUMMARY OF PROVISIONS:
Section 1: Amends Subdivision 3 of Section 89 of the Public Officers
Law, which requires entities to respond to records requests within five
business respond within five business days and requires specific reason-
ing if a delay beyond twenty business days is needed. It adds language
prohibiting denials based solely on volume or staffing limitations and
permits agencies to hire outside help and recoup costs under existing
law.
Section 2: Amends Section 89 of the Public Officers Law by adding a new
Subdivision 3-a, establishing maximum deadlines for FOIL fulfillment:
- 180 days for requests made before 12/31/2026
- 90 days for requests in 2027
- 60 days for requests beginning in 2028.
Exceptions are allowed only under specific conditions (federal legal
restrictions, inaccessible records, or overly voluminous requests), and
agencies must:
-Notify the requestor and the Committee on Open Government in writing
-Provide a detailed explanation signed by the agency commissioner
-Give monthly updates until fulfilled. Section 3: Sets Effective Date.
 
JUSTIFICATION:
New York's Freedom of Information Law is a vital tool for New Yorkers to
gain access to information that isn't readily available to the public.
Unfortunately, many agencies have effectively decided to refrain from
complying with the law by endlessly extending their time to respond to
requests, thus making the tool, ineffective. This bill will require
agencies to acknowledge FOIL requests and produce an approximate date
within a reasonable time frame to approve or deny the request. This bill
will ensure New Yorkers have access to a transparent and responsive
government regarding FOIL requests.
 
LEGISLATIVE HISTORY:
Senate
2023: N/A
2024: S8128, Advanced to Third Reading
Assembly
2023: N/A
2024: A8586, Referred to Governmental Operations
 
EFFECTIVE DATE:
This act shall take effect on January 1, 2026.

Statutes affected:
S2520A: 89 public officers law
S2520B: 89 public officers law