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Bill

S 5000

Requires entities that submit records to state agencies that are excepted from disclosure under FOIL to periodically re-apply for the exception

2025 Regular Session Introduced by Jabari Brisport and 4 co-sponsors

Requires entities with FOIL exemptions for records to periodically re-apply to maintain exemption status, increasing ongoing review and public accountability.

COMMITTED TO RULES
0
WeVote Research Nonpartisan
Bill Summary · S 5000

S 5000 — Summary

Purpose and intent

  • This bill requires entities that submit records to New York state agencies which are currently exempt from disclosure under the New York Freedom of Information Law (FOIL) to periodically re-apply for the exemption. The overarching aim is to ensure that records previously deemed exempt continue to meet the criteria for exemption over time, rather than remaining treated as exempt without re-evaluation.

Key provisions (as described)

  • Entities that submit records to state agencies, and which are covered by a FOIL exemption, must undergo periodic re-application to maintain the exemption.
  • The bill establishes a process for re-assessing whether submitted records continue to qualify for exemption from public disclosure.
  • Details such as the frequency of re-application, specific procedures, and which exemptions apply would be set out in the bill’s text (or implementing regulations) and are not fully specified in the summary available.

Affected parties and impact

  • Affected entities: Organizations, companies, or individuals that routinely submit records to state agencies and rely on FOIL exemptions to protect disclosure.
  • State agencies: Responsible for administering the re-application process, reviewing eligibility for exemption on periodic re-submission, and determining whether records remain exempt.
  • Public impact: Potentially greater ongoing oversight of exemptions, which could enhance accountability for why certain records are not disclosed. Could introduce additional administrative requirements and fees or processing time for organizations seeking to maintain exemptions.

Procedural timeline and status

  • Introduced: February 14, 2025.
  • Referred to: Investigations and Government Operations (Feb 14, 2025).
  • Legislative progress:
    • 1st Report CAL 552: March 17, 2025.
    • 2nd Report CAL: March 18, 2025.
    • Advanced to Third Reading: March 18–19, 2025.
    • Committed to Rules: June 13, 2025 (listed twice in actions).
  • Current status: COMMITTED TO RULES.

Sponsors

  • Primary sponsor: Brad Hoylman-Sigal.
  • Co-sponsors: Jabari Brisport; Nathalia Fernandez; Robert Jackson; Cordell Cleare.

Related legislation

  • Related Senate bills from prior sessions: S 2921, S 79, S 27, S 1506, S 3257.
  • Companion bill: A 1410 (appears as a cross-chamber companion in the Assembly).

Notes for readers

  • The summary reflects the bill’s stated purpose and the procedural history available in the provided record. If enacted, the bill would shift FOIL exemption management from a one-time determination to a recurring process, with implementation details (frequency, forms, timelines) defined in the bill text and any accompanying regulations.

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

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