BILL NUMBER: S9607
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the public officers law, in relation to certain reforms
for agencies subject to the freedom of information law
 
PURPOSE:
To improve public access to government records by modernizing Freedom of
Information Law (FOIL) processes, ensuring that appeals can be submitted
electronically, and requiring agencies to clearly publish contact infor-
mation for records access and appeals.
 
SUMMARY OF PROVISIONS:
This bill updates New York's Freedom of Information Law to reflect how
people actually interact with government in practice. It requires agen-
cies to publish clear contact information for the individuals responsi-
ble for handling FOIL requests and appeals, including mailing and email
addresses, and to make that information available on agency websites. It
also ensures that appeals of FOIL denials can be submitted electron-
ically, either by email or through an online system where one exists,
and that agencies respond in kind. In doing so, the bill closes a gap in
current law, which allows requests to be filed electronically but does
not consistently require the same for appeals. Finally, the bill aligns
website requirements across agencies and clarifies that FOIL information
must be accessible and easy to locate, while maintaining existing time-
lines and procedures for agency responses.
 
JUSTIFICATION:
The Freedom of Information Law is one of the public's most important
tools for understanding how government works. It is used by journalists,
advocates, researchers, and everyday New Yorkers seeking information
about decisions that affect their communities. For many people, it is
the only practical way to obtain records from state and local agencies.
In practice, however, the process is often more difficult than it needs
to be. While most agencies now accept FOIL requests electronically,
appeals of denials are not treated the same way. In some cases, a person
who submits a request online is told that if it is denied, the appeal
must be mailed. That requirement creates an unnecessary barrier. It
slows down the process, adds cost, and discourages people from pursuing
legitimate appeals.
Consider a journalist working on deadline who submits a request through
an agency's website. The request is denied. Instead of being able to
respond immediately, the journalist must draft an appeal, print it, and
send it by mail, adding days to a process that is already time-sensi-
tive. Or consider a member of the public who relies on email and does
not have easy access to printing or mailing services. For that person,
the appeal process may effectively stop at the denial.
This bill addresses that problem directly. It makes clear that if an
agency can receive a request electronically, it must also allow an
appeal to be filed electronically. For agencies that already use FOIL
management software, this functionality is typically already available
and simply needs to be enabled. For others, email provides a straight-
forward and widely accessible option.
The bill also addresses a related issue: the difficulty of identifying
who to contact. FOIL law requires agencies to designate records access
officers and appeal bodies, but that information is not always easy to
find. This can lead to delays, misdirected requests, and confusion for
both requesters and agencies. By requiring agencies to publish clear,
up-to-date contact information on their websites, the bill ensures that
the process is transparent and navigable from the outset.
At its core, this bill is about access. The right to request records
should not depend on whether someone has a printer, a stamp, or the time
to navigate unclear instructions. By ensuring that appeals can be filed
electronically and that contact information is readily available, this
legislation strengthens FOIL's role as a tool for accountability and
public understanding.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

Statutes affected:
S9607: 87 public officers law, 87(1) public officers law