New York S 9777: Requires entities that submit records to state agencies that are excepted from disclosure under FOIL to periodically re-apply for the exception

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S09777 Summary:

BILL NOS09777 

&nbsp

SAME ASSAME AS A01410-A

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRBRISPORT, CLEARE, FERNANDEZ, JACKSON

&nbsp

MLTSPNSR

&nbsp

Amd §89, Pub Off L

&nbsp

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

Go to top S09777 Actions:

BILL NOS09777 

&nbsp

04/06/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

05/12/20261ST REPORT CAL.1081

05/13/20262ND REPORT CAL.

05/14/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS09777 Committee&nbspVotes:

Go to topS09777 Floor&nbspVotes:

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

Go to topS09777 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9777

 IN SENATE

 April 6, 2026
 ___________

 Introduced by Sens. SEPULVEDA, BRISPORT, CLEARE, FERNANDEZ, JACKSON --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Investigations and Government Operations

 AN ACT to amend the public officers law, in relation to requiring enti-
 ties that submit records to state agencies that are excepted from
 disclosure under the freedom of information law to periodically re-ap-
 ply for the exception

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

 1 Section 1. Subdivision 5 of section 89 of the public officers law, as
 2 added by chapter 890 of the laws of 1981, paragraph (a) as amended by
 3 chapter 403 of the laws of 2003 and paragraph (d) as amended by chapter
 4 707 of the laws of 2019, is amended to read as follows:
 5 5. (a) (1) A person acting pursuant to law or regulation who, subse-
 6 quent to the effective date of this subdivision, submits any information
 7 to any state agency may, at the time of submission, request that the
 8 agency except such information from disclosure under paragraph (d) of
 9 subdivision two of section eighty-seven of this article. Where the
 10 request itself contains information which if disclosed would defeat the
 11 purpose for which the exception is sought, such information shall also
 12 be excepted from disclosure.
 13 (1-a) A person or entity who submits or otherwise makes available any
 14 records to any agency, may, at any time, identify those records or
 15 portions thereof that may contain critical infrastructure information,
 16 and request that the agency that maintains such records except such
 17 information from disclosure under subdivision two of section eighty-sev-
 18 en of this article. Where the request itself contains information which
 19 if disclosed would defeat the purpose for which the exception is sought,
 20 such information shall also be excepted from disclosure.
 21 (2) (i) The request for an exception shall be in writing, shall
 22 specifically identify which portions of the record are the subject of
 23 the request for exception and state the reasons why the information
 24 should be excepted, for a defined period of time, from disclosure. The
 25 submitter may also provide a date by which such exception shall expire,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04299-03-6

 S. 9777 2

 1 provided that such date shall not exceed three years from the time of
 2 the agency's receipt of the request for an exception.
 3 (ii) Not less than sixty days prior to the expiration of the then
 4 current term of the exception request, the submitter may apply to the
 5 agency for a three-year extension of its exception request. Upon timely
 6 receipt of a request for an extension of an exception request, an agency
 7 shall review the application and either grant or deny the extension
 8 request. A denial of an extension request may be appealed by the submit-
 9 ter pursuant to paragraph (c) of this subdivision. If the submitter
 10 fails to apply for an extension, the exception shall be considered to
 11 have expired.
 12 (3) Information submitted subsequent to the effective date of the
 13 chapter of the laws of two thousand twenty-six that amended this subdi-
 14 vision and as provided in subparagraphs one and one-a of this paragraph
 15 shall be excepted from disclosure for a defined period