New York S 10098: Relates to the maximum allowable timeframes to respond to requests for records under the freedom of information act

Bill Text

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S10098 Summary:

BILL NOS10098 

&nbsp

SAME ASSAME AS A10759

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSRCOMRIE, JACKSON, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §89, Pub Off L

&nbsp

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

Go to top S10098 Actions:

BILL NOS10098 

&nbsp

04/28/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

05/12/20261ST REPORT CAL.1089

05/13/20262ND REPORT CAL.

05/14/2026ADVANCED TO THIRD READING 

06/01/2026PASSED SENATE

06/01/2026DELIVERED TO ASSEMBLY

06/01/2026referred to governmental operations

Go to topS10098 Committee&nbspVotes:

Go to topS10098 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10098 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10098

 IN SENATE

 April 28, 2026
 ___________

 Introduced by Sens. SKOUFIS, COMRIE, JACKSON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Investi-
 gations and Government Operations

 AN ACT to amend the public officers law, in relation to timeframes for
 responding to requests for records under the freedom of information
 act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 89 of the public officers law, as
 2 amended by chapter 223 of the laws of 2008 and paragraph (c) as added by
 3 chapter 47 of the laws of 2018, is amended to read as follows:
 4 3. (a) Each entity subject to the provisions of this article, within
 5 five business days of the receipt of a written request for a record
 6 reasonably described, shall make such record available to the person
 7 requesting it, deny such request in writing or furnish a written
 8 acknowledgement of the receipt of such request and a statement of the
 9 approximate date, which shall be reasonable under the circumstances of
 10 the request, when such request will be granted or denied, including,
 11 where appropriate, a statement that access to the record will be deter-
 12 mined in accordance with subdivision five of this section. An agency
 13 shall not deny a request on the basis that the request is voluminous or
 14 that locating or reviewing the requested records or providing the
 15 requested copies is burdensome because the agency lacks sufficient
 16 staffing or on any other basis if the agency may engage an outside
 17 professional service to provide copying, programming or other services
 18 required to provide the copy, the costs of which the agency may recover
 19 pursuant to paragraph (c) of subdivision one of section eighty-seven of
 20 this article. An agency may require a person requesting lists of names
 21 and addresses to provide a written certification that such person will
 22 not use such lists of names and addresses for solicitation or fund-rais-
 23 ing purposes and will not sell, give or otherwise make available such
 24 lists of names and addresses to any other person for the purpose of
 25 allowing that person to use such lists of names and addresses for solic-
 26 itation or fund-raising purposes. If an agency determines to grant a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02197-08-6

 S. 10098 2

 1 request in whole or in part, and if circumstances prevent disclosure to
 2 the person requesting the record or records within twenty business days
 3 from the date of the acknowledgement of the receipt of the request, the
 4 agency shall state, in writing, both the reason for the inability to
 5 grant the request within twenty business days and a date certain within
 6 a reasonable period, depending on the circumstances, when the request
 7 will be granted in whole or in part, provided, however, that such date
 8 certain shall meet the requirements of subdivision three-a of this
 9 section. Upon payment of, or offer to pay, the fee prescribed therefor,
 10 the entity shall provide a copy of such record and certify to the
 11 correctness of such copy if so requested, or as the case may be, shall
 12 certify that it does not have possession of such record or that such
 13 record cannot be found after diligent search. Nothing in this article
 14