NY State Senate Bill 2025-S9607

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2026	referred to investigations and government operations

2025-S9607 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§87 & 89, Pub Off L

2025-S9607 (ACTIVE) - Summary

Requires agencies subject to FOIL requirements to promulgate rules and regulations regarding to whom a requestor may appeal a denial and how to request records from or appeal a denial; makes certain provisions relating to publication of contact information for FOIL requests and appeals.

2025-S9607 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9607

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public officers law, in relation to certain reforms
for agencies subject to the freedom of information law

 
PURPOSE:

To improve public access to government records by modernizing Freedom of
Information Law (FOIL) processes, ensuring that appeals can be submitted
electronically, and requiring agencies to clearly publish contact infor-
mation for records access and appeals.

 
SUMMARY OF PROVISIONS:

This bill updates New York's Freedom of Information Law to reflect how
people actually interact with government in practice. It requires agen-
cies to publish clear contact information for the individuals responsi-
ble for handling FOIL requests and appeals, including mailing and email
addresses, and to make that information available on agency websites. It

also ensures that appeals of FOIL denials can be submitted electron-
ically, either by email or through an online system where one exists,
and that agencies respond in kind. In doing so, the bill closes a gap in
current law, which allows requests to be filed electronically but does
not consistently require the same for appeals. Finally, the bill aligns
website requirements across agencies and clarifies that FOIL information
must be accessible and easy to locate, while maintaining existing time-
lines and procedures for agency responses.

 
JUSTIFICATION:

The Freedom of Information Law is one of the public's most important
tools for understanding how government works. It is used by journalists,
advocates, researchers, and everyday New Yorkers seeking information
about decisions that affect their communities. For many people, it is
the only practical way to obtain records from state and local agencies.

In practice, however, the process is often more difficult than it needs
to be. While most agencies now accept FOIL requests electronically,
appeals of denials are not treated the same way. In some cases, a person
who submits a request online is told that if it is denied, the appeal
must be mailed. That requirement creates an unnecessary barrier. It
slows down the process, adds cost, and discourages people from pursuing
legitimate appeals.

Consider a journalist working on deadline who submits a request through
an agency's website. The request is denied. Instead of being able to
respond immediately, the journalist must draft an appeal, print it, and
send it by mail, adding days to a process that is already time-sensi-
tive. Or consider a member of the public who relies on email and does
not have easy access to printing or mailing services. For that person,
the appeal process may effectively stop at the denial.

This bill addresses that problem directly. It makes clear that if an
agency can receive a request electronically, it must also allow an
appeal to be filed electronically. For agencies that already use FOIL
management software, this functionality is typically already available
and simply needs to be enabled. For others, email provides a straight-
forward and widely accessible option.

The bill also addresses a related issue: the difficulty of identifying
who to contact. FOIL law requires agencies to designate records access
officers and appeal bodies, but that information is not always easy to
find. This can lead to delays, misdirected requests, and confusion for
both requesters and agencies. By requiring agencies to publish clear,
up-to-date contact information on their websites, the bill ensures that
the process is transparent and navigable from the outset.

At its core, this bill is about access. The right to request records
should not depend on whether someone has a printer, a stamp, or the time
to navigate unclear instructions. By ensuring that appeals can be filed
electronically and that contact information is readily available, this
legislation strengthens FOIL's role as a tool for accountability and
public understanding.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2025-S9607 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9607
 
                             I N  S E N A T E
 
                              March 27, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law, in relation to certain  reforms
   for agencies subject to the freedom of information law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph ii  of  paragraph  (b)  of  subdivision  1  of
 section  87  of  the public officers law, as added by chapter 933 of the
 laws of 1977, is amended to read as follows:
   ii. the persons from whom such records may be obtained, AND TO WHOM  A
 REQUESTOR  MAY APPEAL A COMPLETE DENIAL, PARTIAL DENIAL, OR CONSTRUCTIVE
 DENIAL, AND HOW TO REQUEST  RECORDS  FROM  OR  APPEAL  DENIALS  TO  SUCH
 PERSONS,  INCLUDING  BUT  NOT  LIMITED TO A MAILING ADDRESS AND AN EMAIL
 ADDRESS FOR EACH SUCH PERSON; and
   § 2. Subdivision 4 of section 87 of the public officers law, as  added
 by chapter 890 of the laws of 1981 and paragraph (c) as added by chapter
 102 of the laws of 2007, is amended to read as follows:
   4.  (a)  Each  state  agency  which maintains records containing trade
 secrets, to which access may be denied  pursuant  to  paragraph  (d)  of
 subdivision  two  of  this  section,  shall  promulgate  regulations  in
 conformity with the provisions of subdivision five  of  section  eighty-
 nine  of  this  article  pertaining  to such records, including, but not
 limited to the following:
   (1) the manner of identifying the records or parts;
   (2) the manner of identifying persons within the STATE agency to whose
 custody the records or parts will be charged and  for  whose  inspection
 and study the records will be made available;
   (3)  the manner of safeguarding against any unauthorized access to the
 records.
   (b) [As used in this subdivision the term "agency" or  "state  agency"
 means  only  a  state  department,  board,  bureau, division, council or
 office and any public corporation the  majority  of  whose  members  are
 appointed by the governor.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15378-01-6
 S. 9607                             2

   (c)]  Each [state] agency that maintains a website shall post informa-
 tion related to this article and article six-A of this  chapter  on  its
 website.  Such information shall include, at a minimum, contact informa-
 tion for the persons from whom records of the agency may be obtained  AS
 PROMULGATED  PURSUANT TO SUBPARAGRAPH II OF PARAGRAPH (B) OF SUBDIVISION
 ONE OF THIS SECTION, the times and places such records are available for
 inspection and copying, and information on how  to  request  records  in
 person,  by mail, [and, if the agency accepts requests for records elec-
 tronically,] by e-mail, AND BY ANY OTHER  ADDITIONAL  MEANS  THE  AGENCY
 SHALL DESIGNATE. [This posting] SUCH POSTINGS BY STATE AGENCIES shall be
 linked to the website of the committee on open government.
   §  3.  Paragraphs  (b)  and  (c) of subdivision 3 of section 89 of the
 public officers law, paragraph (b) as amended by chapter 223 of the laws
 of 2008 and paragraph (c) as added by chapter 47 of the  laws  of  2018,
 are amended and a new paragraph (d) is added to read as follows:
   (b)  All  entities  shall,  provided  such entity has reasonable means
 available, accept requests for records AND APPEALS OF DENIALS OF  ACCESS
 TO RECORDS submitted in the form of electronic mail and shall respond to
 such  requests by electronic mail, using forms[, to the extent practica-
 ble,] consistent with the form or forms developed by  the  committee  on
 open government pursuant to subdivision one of this section and provided
 that the written requests do not seek a response in some other form.
   (c)  Each  state  agency[,  as  defined  in  subdivision  five of this
 section,] that maintains a website shall ensure its website provides for
 the online submission of a request for records pursuant to this article.
   (D) EACH AGENCY THAT MAINTAINS A WEBSITE SHALL PROVIDE ON SUCH WEBSITE
 THE NAME, JOB TITLE, MAILING ADDRESS, PHONE NUMBER, AND  E-MAIL  ADDRESS
 FOR  SUCH  AGENCY'S  RECORDS  ACCESS  OFFICER AND THE INDIVIDUAL OR BODY
 ESTABLISHED TO DETERMINE APPEALS BY SUCH AGENCY.
   § 4. Paragraph (a) of subdivision 4 of section 89 of the public  offi-
 cers  law,  as  amended by chapter 22 of the laws of 2005, is amended to
 read as follows:
   (a) Except as provided in subdivision five of this section, any person
 denied access to a record may within thirty days appeal in writing  such
 denial  to  the  head, chief executive or governing body of the [entity]
 AGENCY, or the person therefor designated by such head, chief executive,
 or governing body, who shall within ten business days of the receipt  of
 such appeal fully explain in writing to the person requesting the record
 the  reasons for further denial, or provide access to the record sought.
 EACH AGENCY SHALL ALLOW FOR ANY PERSON TO APPEAL  DENIAL  OF  ACCESS  TO
 RECORDS  IN  THE  FORM  OF  ELECTRONIC  MAIL.  ANY  AGENCY WHOSE WEBSITE
 PROVIDES FOR THE ONLINE SUBMISSION OF A REQUEST FOR RECORDS PURSUANT  TO
 THIS  ARTICLE  SHALL  ALLOW FOR ANY PERSON TO APPEAL DENIAL OF ACCESS TO
 RECORDS THROUGH SUCH WEBSITE. In addition, each agency shall immediately
 forward to the committee on open government a copy of such  appeal  when
 received by the agency and the ensuing determination thereon. Failure by
 an  agency  to  conform  to  the provisions of subdivision three of this
 section shall constitute a denial.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S9607

Sponsored By

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

Actions

2025-S9607 (ACTIVE) - Details

2025-S9607 (ACTIVE) - Summary

2025-S9607 (ACTIVE) - Sponsor Memo

2025-S9607 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Rachel May

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

Actions

2025-S9607 (ACTIVE) - Details

2025-S9607 (ACTIVE) - Summary

2025-S9607 (ACTIVE) - Sponsor Memo

2025-S9607 (ACTIVE) - Bill Text download pdf

Comments