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A 11143

Relates to certain reforms for agencies subject to the freedom of information law

2025 Regular Session Introduced by Rebecca Kassay and 1 co-sponsor

The bill standardizes FOIL contacts and online access, requires agencies to post FOIL info online, and expands electronic requests and appeals with clear timelines.

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Bill Summary · A 11143

Bill Summary: A 11143 (2025-2026) – New York Freedom of Information Law Reforms

Purpose and intent

  • The act aims to reform how agencies subject to the New York State Freedom of Information Law (FOIL) handle records, access, and appeals.
  • It focuses on enhancing transparency by standardizing contact points, making electronic access and appeals easier, and ensuring agencies post required FOIL information on their websites.

Key provisions and changes

1) Clarification of FOIL contact and appeal points (Public Officers Law, §87)
- Amends subparagraph ii of paragraph (b) of subdivision 1 to explicitly enumerate:
- The persons from whom records may be obtained.
- The persons to whom a requester may appeal a complete, partial, or constructive denial.
- How to request records or appeal denials, including mailing and email addresses for each contact person.
- Purpose: Improve clarity on who handles requests and appeals, and how to communicate with them.

2) Agency duties regarding trade secret records and website posting (Public Officers Law, §87, subdivision 4)
- Agencies that maintain records containing trade secrets and may deny access must promulgate regulations aligned with subdivision five of §89, detailing:
- How records or parts are identified.
- How staff handling records are identified for inspection.
- How to safeguard against unauthorized access.
- Defines “agency” to include state departments, boards, bureaus, divisions, councils, offices, and certain public corporations (as defined).

3) Mandatory agency website postings (Public Officers Law, §87, subdivision 4, new and existing language)
- Agencies must post on their websites:
- Contact information for the persons from whom records may be obtained (as promulgated under the bill).
- Times and places records are available for inspection and copying.
- How to request records in person, by mail, by e-mail, or by any other designated means.
- Link postings to the Committee on Open Government (COG) website.

4) Electronic access and appeals (FOIL §89, subdivision 3)
- All entities must, where reasonably feasible, accept FOIL requests and appeals by electronic mail and respond electronically.
- Agencies must use forms developed by COG for electronic requests and appeals, where practicable.

5) Online submission capabilities (FOIL §89, subdivision 3)
- Agencies that maintain a website must ensure online submission capability for FOIL requests.

6) Public-facing records access officer information (FOIL §89, subdivision 3)
- Agencies must publish on their websites the name, job title, mailing address, phone number, and e-mail address for:
- The agency’s records access officer.
- The person or body designated to determine appeals.

7) Appeal timelines and procedures (FOIL §89, subdivision 4, paragraph (a))
- Maintains a 30-day deadline for denial appeals to be submitted in writing to the agency head or designated official.
- The agency must respond within 10 business days, either explaining reasons for continued denial or granting access.
- Agencies must allow denials to be appealed via electronic mail and, if online submission is available, via the online platform.
- Agencies must immediately forward copies of appeals and determinations to the COOG (Committee on Open Government).
- Failure to conform to FOIL subdivision 3 provisions constitutes a denial.

Who would be affected

  • State agencies that maintain records, including agencies with trade-secret records.
  • Public corporations with majority governor-appointed members, as defined by the bill’s expansion of “agency.”
  • All entities covered by FOIL that handle requests and appeals, especially those capable of accepting electronic communications.
  • The Committee on Open Government (COG), which would receive appeals and determinations.

Procedural and timeline aspects

  • Effective date: The act takes effect 30 days after becoming law.
  • Immediate effectiveness for implementing regulations: Agencies may, on or before the effective date, enact necessary rule changes to implement these provisions.
  • Ongoing requirement for transparency: Agencies must actively post FOIL-related information on websites and maintain updated contact and process information.

Practical impact and potential benefits

  • Improved transparency and accessibility for FOIL requesters through standardized contact points and online capabilities.
  • Streamlined process for requesting records and appealing denials, including expanded electronic submission and responses.
  • Clearer agency responsibilities for identifying records, safeguarding sensitive information (e.g., trade secrets), and posting required information online.
  • Enhanced accountability via mandatory reporting of appeals and determinations to the COOG.

Sponsorship

  • Primary sponsor: Assembly Member Kassay
  • Co-sponsors: Assembly Members Carrie Woerner and Rebecca Kassay

If you’d like, I can provide a brief comparison to current FOIL procedures or outline potential implementation steps for agencies.

Compiled from official sources — confirm details with the bill’s official record.

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