NY State Senate Bill 2025-S452

Senate Bill S452

2025-2026 Legislative Session

Relates to requiring agencies to report information about FOIL inquiries to the committee on open government

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Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to investigations and government operations

co-Sponsors

2025-S452 (ACTIVE) - Details

See Assembly Version of this Bill:: A2321
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Ren §90 to be §90-a, add §90, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:: S8671, A9621

2025-S452 (ACTIVE) - Summary

Requires all agencies to submit to the committee on open government a log of all freedom of information law requests for each year in which they received or have pending a request for records; requires the committee on open government to publish, on one webpage, all freedom of information law request logs it receives.

2025-S452 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S452

SPONSOR: HOYLMAN-SIGAL
 
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:

Subdivision 1 of section 1 adds a new section 90 to the public officers
law requiring that agencies 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 pending such requests, and enumerates the
content and format of such logs.

Subdivision 2 directs the committee on open government to publish the
FOIL request logs it receives in machine-readable format.

Subdivision 3 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 section 90.

Section 2 is the effective date, which is the ninetieth day after the
bill shall have become law.

 
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 --- government's 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 a bout how many FOIL requests
are received, for what information, 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:

S.8671 (2023-2024): Died in Investigations and Government Operations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S452 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    452
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Investigations  and
   Government Operations
 
 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 90 of the public officers law is renumbered section
 90-a and a new section 90 is added to read as follows:
   § 90. FOIL REQUEST REPORTING.  1. ALL AGENCIES  THAT  PERFORM  GOVERN-
 MENTAL  OR  PROPRIETARY  FUNCTIONS FOR THE STATE SUBJECT TO THIS ARTICLE
 SHALL, FOR EACH YEAR IN WHICH THEY RECEIVED OR HAVE  PENDING  A  REQUEST
 FOR  RECORDS UNDER THIS ARTICLE, SUBMIT TO THE COMMITTEE ON OPEN GOVERN-
 MENT THEIR LOG OF ALL SUCH FREEDOM OF INFORMATION LAW REQUESTS. FOR  THE
 PURPOSES  OF THIS SECTION, PENDING SHALL MEAN REQUESTS THAT WERE OPEN AT
 ANY POINT DURING THE TWELVE-MONTH PERIOD, INCLUDING THOSE FIRST  SUBMIT-
 TED IN PRIOR YEARS. THE FREEDOM OF INFORMATION LAW REQUEST LOGS SHALL:
   (A) COVER A TWELVE-MONTH RANGE OF DATES AS PRESCRIBED BY THE COMMITTEE
 ON  OPEN  GOVERNMENT  AND  SHALL  INCLUDE  DATA  REGARDING  ALL REQUESTS
 RECEIVED OR PENDING DURING THAT RANGE OF DATES;
   (B) BE SUBMITTED ON A SCHEDULE PRESCRIBED BY  THE  COMMITTEE  ON  OPEN
 GOVERNMENT;
   (C) BE IN A MACHINE-READABLE, TABULAR SPREADSHEET FORMAT PRESCRIBED BY
 THE COMMITTEE ON OPEN GOVERNMENT, INCLUDING BUT NOT LIMITED TO THE ORDER
 OF THE DATA FIELDS INCLUDED;
   (D)  BE  SUBMITTED  IN A METHOD AS PRESCRIBED BY THE COMMITTEE ON OPEN
 GOVERNMENT, SUCH AS BY ELECTRONIC MAIL, WEB FORM, WEB PORTAL,  OR  OTHER
 METHOD AS PRESCRIBED BY THE COMMITTEE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01981-01-5

 S. 452                              2
 
   (E)  INCLUDE  DATA  PRESCRIBED  AND  DEFINED  BY THE COMMITTEE ON OPEN
 GOVERNMENT, BUT AT THE MINIMUM INCLUDING:
   (I) THE NAME OF THE REQUESTOR;
   (II) THE AFFILIATION AND/OR THE EMPLOYER OF THE REQUESTOR, IF APPLICA-
 BLE;
   (III) THE SUBJECT OR SUBJECTS OF THE REQUEST;
   (IV) THE DATE OF RECEIPT OF THE REQUEST;
   (V) THE DATE OF ACKNOWLEDGMENT BY THE AGENCY OF THE REQUEST;
   (VI)  THE  DATE  OF  THE  EXPECTED  RESPONSE  TIME  AS PROVIDED IN THE
 ACKNOWLEDGMENT;
   (VII) THE NUMBER OF EXTENSIONS OF TIME TO RESPOND TO DATE;
   (VIII) THE DATE OF THE  FINAL  RESPONSE  OR  OF  THE  CLOSURE  OF  THE
 REQUEST, IF APPLICABLE;
   (IX)  WHETHER  THE  REQUEST  WAS GRANTED IN WHOLE; GRANTED IN PART AND
 DENIED IN PART; OR DENIED;
   (X) IF THE REQUEST  WAS  DENIED  IN  WHOLE  OR  IN  PART,  A  LIST  OF
 EXEMPTIONS CITED IN THE FINAL RESPONSE, IF APPLICABLE;
   (XI) IF THE REQUEST WAS DENIED IN WHOLE OR IN PART, WHETHER THE AGENCY
 DETERMINED THERE WERE NO RESPONSIVE RECORDS;
   (XII)  THE  DATE AN APPEAL OF THE FINAL RESPONSE WAS FILED, OR WHETHER
 NO APPEAL WAS FILED;
   (XIII) THE STATUS OF ANY APPEALS, INCLUDING WHETHER THE APPEAL WAS:
   (A) NOT FILED;
   (B) FILED AND PENDING;
   (C) FILED AND GRANTED IN WHOLE;
   (D) FILED AND GRANTED IN PART AND DENIED IN PART; OR
   (E) FILED AND DENIED;
   (XIV) A LIST OF EXEMPTIONS CITED IN AN APPEAL DENIAL, IF APPLICABLE;
   (XV) THE AMOUNT, IN DOLLARS, OF TOTAL FEES COLLECTED FROM REQUESTOR;
   (XVI) HOW MANY DOCUMENTS WERE PRODUCED;
   (XVII) HOW MANY PAGES WERE PRODUCED;
   (XVIII) WHETHER ANY OF THE PRODUCED DOCUMENTS WERE REDACTED;
   (XIX) WHETHER THE REQUEST WAS SUBJECT  TO  A  PROCEEDING  FILED  UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, AND IF SO:
   (A)  THE  RESULT,  INCLUDING  JUDGMENT  FOR  PETITIONER;  JUDGMENT FOR
 RESPONDENT; OR SETTLEMENT;
   (B) THE DATE OF THE FINAL JUDGMENT, WHETHER IT BE A FINAL JUDGMENT  OR
 STIPULATION OF DISMISSAL PURSUANT TO A SETTLEMENT;
   (C)  THE  AMOUNT  OF ATTORNEY FEES ASSESSED BY THE COURT TO BE PAID BY
 THE AGENCY, IF ANY;
   (D) THE DATE OF ANY APPEAL OF THE ARTICLE SEVENTY-EIGHT JUDGMENT; AND
   (E) THE RESULT OF ANY APPEAL OF AN ARTICLE SEVENTY-EIGHT JUDGMENT; AND
   (F) BE PUBLISHED ON THE AGENCY'S WEBSITE.
   2. AGENCIES THAT PERFORM GOVERNMENTAL  OR  PROPRIETARY  FUNCTIONS  FOR
 MUNICIPALITIES  SUBJECT  TO  THIS  ARTICLE  SHALL SUBMIT ANNUALLY TO THE
 COMMITTEE ON OPEN GOVERNMENT THE TOTAL NUMBER OF FREEDOM OF  INFORMATION
 REQUESTS  RECEIVED  IN  A  TWELVE-MONTH PERIOD BEGINNING NO EARLIER THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND THE NUMBER OF  FREEDOM  OF
 INFORMATION  REQUESTS  CLOSED  IN SUCH TWELVE-MONTH PERIOD.  SUBMISSIONS
 SHALL BE PROVIDED IN THE FORMAT, METHOD, AND SCHEDULE AS  PRESCRIBED  BY
 THE COMMITTEE ON OPEN GOVERNMENT.
   3.  BY  JANUARY  FIRST  OF EACH YEAR, THE COMMITTEE ON OPEN GOVERNMENT
 SHALL PUBLISH, ON ONE WEBPAGE, ALL FREEDOM OF  INFORMATION  LAW  REQUEST
 LOGS  AND  MUNICIPAL  GOVERNMENT  SUBMISSIONS IT RECEIVES, IN A MACHINE-
 READABLE FORMAT SUCH AS A SPREADSHEET OR COMMA SEPARATED VALUE FILE,  IN
 ADDITION  TO  ANY  OTHER  FORMAT  IT  SHALL DETERMINE, AND SUCH LOGS AND
 S. 452                              3
 
 SUBMISSIONS SHALL BE PRESERVED ON SUCH WEBPAGE. THE  COMMITTEE  AND  THE
 OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL ADDITIONALLY PUBLISH AND
 PRESERVE  ROW-LEVEL  DATA OF SUCH LOGS AND SUBMISSIONS ON DATA.NY.GOV OR
 SUCH  OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE,
 AS DEEMED APPROPRIATE BY THE OFFICE OF INFORMATION  TECHNOLOGY  SERVICES
 UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGENCY OR ORDER.
   4. THE COMMITTEE ON OPEN GOVERNMENT SHALL AT A MINIMUM PROVIDE, IN ITS
 ANNUAL REPORT REQUIRED BY SECTION EIGHTY-NINE OF THIS ARTICLE, THE TOTAL
 NUMBER  OF FOIL LOGS SUBMITTED BY AGENCIES PURSUANT TO THIS SECTION, AND
 THE COMMITTEE SHALL FURTHER BE AUTHORIZED TO ANALYZE  THE  DATA  IN  THE
 FREEDOM  OF  INFORMATION LAW REQUEST LOGS AND USE SUCH DATA AND ANALYSES
 THEREOF IN SUCH ANNUAL REPORT OR OTHER REPORTS OR ANALYSES.
   5. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, THE COMMIT-
 TEE ON OPEN GOVERNMENT SHALL PUBLISH A REPORT PROVIDING  RECOMMENDATIONS
 REGARDING  THE  BENEFITS AND FEASIBILITY OF AGENCIES SUBJECT TO SUBDIVI-
 SION TWO OF THIS SECTION SUBMITTING FREEDOM OF INFORMATION REQUEST  LOGS
 TO  THE COMMITTEE. SUCH RECOMMENDATIONS SHALL CONSIDER REQUIRING DATA TO
 BE PROVIDED REGARDING THE STATUS OF REQUESTS,  RESPONSE  TIMES,  USE  OF
 EXEMPTIONS,  WHETHER  RECORDS WERE PROVIDED IN FULL, IN PART, OR DENIED,
 AND ANY OTHER FIELDS REQUIRED BY THIS SECTION FOR STATE  AGENCIES.  SUCH
 REPORT  SHALL  BE PUBLISHED ON THE COMMITTEE'S WEBSITE AND ISSUED TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  CHAIR  OF THE SENATE STANDING COMMITTEE ON LOCAL GOVERN-
 MENT, THE CHAIR OF THE SENATE STANDING COMMITTEE ON  INVESTIGATIONS  AND
 GOVERNMENT  OPERATIONS,  THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON
 LOCAL GOVERNMENTS, AND THE CHAIR OF THE ASSEMBLY STANDING  COMMITTEE  ON
 GOVERNMENTAL OPERATIONS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S452

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Sponsored By

Brad Hoylman-Sigal