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Bill

S 10098

Relates to the maximum allowable timeframes to respond to requests for records under the freedom of information act

2025 Regular Session Introduced by Leroy Comrie and 2 co-sponsors

The bill imposes clear FOIL response deadlines and monthly progress updates, mandating timely disclosure and ongoing status reports to enhance transparency.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · S 10098

Summary of Bill S.10098 (2025-2026) – New York

Purpose and intent

  • Modernize and tighten the timeframe for agencies to respond to Freedom of Information Law (FOIL) requests.
  • Establish specific deadlines for when records must be made available, denied, or acknowledged, and require periodic progress updates if full compliance within the deadline is not feasible.

Key provisions and changes

  • Response timelines (general):

    • Agencies must, within five business days of receiving a written FOIL request,:
    • Make the record available, or
    • Deny the request in writing, or
    • Acknowledge receipt and provide an approximate date when the record will be granted or denied (subject to certain conditions).
    • If the agency determines it cannot disclose within twenty business days, it must provide:
    • Written justification for the delay, and
    • A firm date certain for when the request will be granted (in whole or in part), consistent with further statutory requirements.

  • Access and costs:

    • Agencies may utilize outside professional services for copying, programming, or other services necessary to fulfill the request, with fee recovery permitted as applicable.
    • Agencies may require certification when listing names/addresses to ensure the list is not used for solicitation or fundraising.

  • Electronic access and submission:

    • Agencies should accept requests via electronic mail when reasonably available.
    • When feasible, agencies shall respond electronically using forms developed or approved by the Open Government Committee.
    • State agencies maintaining websites must enable online submission of FOIL requests.

  • New timeframe schedules (subdivision 3-a):

    • If an agency grants a request in whole or part, it must make records available within:
    • 180 days for requests made before December 31, 2027;
    • 90 days for requests made between January 1, 2028 and December 31, 2028;
    • 60 days for requests made on or after January 1, 2029.

  • Extensions and progress updates (subdivision 3-a):

    • If records cannot be provided within the relevant timeframe, the agency may extend if:
    • Federal law/regulation prevents review or provision,
    • Agency employees cannot safely access records,
    • The records are so voluminous that timely review is impractical.
    • The agency must:
    • Notify the requester in writing with detailed reasons and planned actions,
    • Provide monthly progress updates to the requester, and
    • Notify the Open Government Committee in writing (signed by the agency commissioner).

Affected entities and scope

  • Applies to all entities subject to the Public Officers Law and FOIL in New York.
  • Includes provisions on electronic submission and electronic responses, as well as online access for state agencies with websites.

Procedural and timeline aspects

  • Effective date: January 1, 2027.
  • Phase-in of deadlines: The 180/90/60-day targets apply based on the request date, with longer initial deadlines for requests filed before the end of 2027 and progressively shorter targets thereafter.
  • Litigation-related carve-out: The act’s section on certain timeline provisions does not apply to requests concerning records subject to litigation with third parties involving exemptions, on the effective date (aligns with existing FOIL exemptions framework).

Practical impact

  • Likely to improve predictability and transparency of FOIL processing by imposing clear deadlines and requiring regular status updates when timely disclosure isn’t possible.
  • Encourages digital submission and electronic communication to streamline processing.
  • Could increase administrative workload and require agencies to manage extended timelines with formal justifications and ongoing updates.
  • Public will have better visibility into the status of their requests through monthly progress notices.

Note on status

  • As of the latest action, S.10098 passed the Senate on June 1, 2026 and was delivered to the Assembly; assigned to the Committee on Governmental Operations. The bill is not yet enacted into law and would require passage by the Assembly and signature by the Governor to take effect.

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

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