BILL NUMBER: S9739
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the public officers law, in relation to requiring agen-
cies to report information about FOIL inquiries to the committee on open
government
 
PURPOSE OR GENERAL IDEA OF BILL:
To require agencies subject to the public officers law to report to the
committee on open government information about FOIL inquiries and agency
responses
 
SUMMARY OF PROVISIONS:
Section one of the bill adds a new section 90 to the public officers
law.
Subdivision 1 of the new section 90 requires state agencies that perform
governmental or proprietary functions for the state to submit to the
committee on open government a log of freedom of information law
requests for every year that those agencies have received or have pend-
ing such requests, and enumerates the content and format of such logs.
Subdivision 2 of the new section 90 outlines reporting requirements for
agencies that perform governmental or proprietary functions for munici-
palities.
Subdivision 3 of the new section 90 directs the committee on open
government to publish the FOIL request logs it receives in machine-read-
able format.
Subdivision 4 of the new section 90 requires the committee on open
government to provide in its annual report the total number of FOIL logs
submitted by agencies pursuant to the new sections 90.
Subdivision 5 of the new section 90 requires the committee to publish a
report outlining recommendations regarding changes to FOIL requirements.
Section two of the bill sets forth the effective date of the new section
90.
 
JUSTIFICATION:
Since 1974, New York's Freedom of Information Law has allowed the public
to access a myriad of public documents and records, shining light on
what can be obscure or complicated government processes and decision-
making. Like its federal counterpart, New York's FOIL requests are a key
tool for the press, the public, and advocates to hold state and local
governments accountable to New Yorkers. Though FOIL is a crucial asset
for transparent government in New York, we have little understanding of
the full extent of its utilization. Agencies subject to New York's
public officers law are not required to report to the legislature or to
the public information, about how such requests are received, what
information is requested, and how such requests are responded to.
This bill would require all state and local agencies subject to the
public officers law to report basic information about their FOIL request
receipts and responses to the committee on open government, and tasks
the committee with making such information available to the public.
Agencies that did not have any new or pending FOIL requests in any given
year are not required to report. In finally collecting and publishing
data about utilization of and compliance under FOIL, this bill would
increase government transparency and accountability.
 
PRIOR LEGISLATIVE HISTORY:
2026: A2321 (McDonald) - Passed Assembly
2025: S0452 (Hoylman-Sigal) - Referred to Investigation and Government
Operations
2025: A2321 (McDonald) - Passed Assembly
2024: S8671(Hoylman-Sigal) - Referred to Investigation and Government
Operations
2024: A9621 (McDonald) - Passed Assembly
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.