Bill > A01410

This bill requires entities that submit records to state agencies, which are currently exempt from public disclosure under the Freedom of Information Law (FOIL), to periodically re-apply for that exemption. FOIL is a New York State law that grants the public the right to access government records. The bill amends existing law to stipulate that any request for an exemption must now specify the exact portions of the record to be exempted and state the reasons for the request, and importantly, must be for a defined period, not exceeding three years. Furthermore, before an exemption expires, the submitter must apply for a three-year extension, which the agency must review and either grant or deny, with the option for the submitter to appeal a denial. If an extension is not applied for, the exemption will automatically expire. The bill also clarifies that the submitter bears the burden of proving their entitlement to an exemption, while the agency must prove that a record falls within an exemption if they deny access. The term "agency" or "state agency" in this context refers to specific state departments, boards, bureaus, divisions, councils, offices, and public corporations where most members are appointed by the governor.

Budget and Finance, Government Affairs, Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A1410