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Bill

S 9739

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

2025 Regular Session Introduced by Brian Kavanagh

The bill would require state and local agencies to report FOIL-related data to the Committee on Open Government to improve transparency, oversight, and accountability.

PRINT NUMBER 9739A
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WeVote Research Nonpartisan
Bill Summary · S 9739

Summary of S. 9739 (2025-2026) — New York

Purpose and intent

S. 9739 seeks to enhance transparency around public access to information by requiring state and local agencies to report information related to FOIL (Freedom of Information Law) inquiries to the New York State Committee on Open Government. The bill aims to strengthen oversight of FOIL processing and responsiveness by centralizing reporting to the committee, enabling better monitoring and accountability of agencies’ FOIL practices.

Key provisions and changes

  • Reporting obligation: Agencies would be required to report certain information about FOIL inquiries to the Committee on Open Government. The exact scope of “information about FOIL inquiries” is not fully specified in the provided summary, but typically could include metrics such as:
    • Number of FOIL requests received
    • Response times and compliance levels
    • Grants of access, denials, or partial denials
    • Fees charged and fee waivers
    • Appeals and outcomes of FOIL appeals
    • Any exemptions invoked and justification
  • Covering agencies: The reporting would apply to relevant state and local agencies subject to FOIL. The bill does not specify exact agency categories in the summary provided, but would likely target agencies within the jurisdiction of the Committee on Open Government.
  • Reporting cadence and format: The bill would establish how often reports are due (e.g., quarterly or annually) and in what format the data must be submitted to the committee. The precise timeline and reporting template are not detailed in the available information.
  • Oversight and use of data: The Committee on Open Government would receive and presumably review the reports to assess compliance, identify trends, and potentially issue guidance or recommendations to improve FOIL administration.

Who would be affected

  • State agencies: Required to compile and submit FOIL-related data to the Committee on Open Government.
  • Local government entities: Depending on the bill’s scope, may also be required to report FOIL information to the committee.
  • The Committee on Open Government: Given a central role in receiving, analyzing, and potentially disseminating FOIL data to inform policy, guidance, and oversight.

Procedural and timeline aspects

  • Legislative history:
    • Referred to the Committee on Investigations and Government Operations on April 2, 2026.
    • On June 1, 2026, the bill was amended and recommitted to Investigations and Government Operations, with the print number updated to 9739A.
  • Status: As of the latest actions, the bill is being reviewed and potentially revised by the committee before any floor consideration.
  • Sponsorship: Co-sponsored by Brian Kavanagh, indicating support within the Legislature and potential alignment with oversight and transparency priorities.

Potential impact and considerations

  • Transparency gains: Centralized reporting could improve visibility into how FOIL requests are processed, helping to identify delays, bottlenecks, or inconsistent application of exemptions.
  • Accountability enhancements: Regular reporting to the Committee on Open Government may lead to targeted guidance for agencies to improve FOIL operations and compliance.
  • Administrative burden: Agencies would incur additional administrative workload to collect and submit data. The bill’s effectiveness depends on a clear data specification and practical reporting timelines.
  • Policy considerations: The bill relies on the committee’s ability to analyze the data and translate findings into actionable recommendations or policy changes.

If you need, I can provide a more detailed breakdown once the bill’s text is available, including the exact data fields required, reporting cadence, and any exemptions or carve-outs.

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

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