S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9621
 
                           I N  A S S E M B L Y
 
                              March 26, 2024
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT to amend the public officers law, in relation to requiring agen-
   cies to report information about FOIL inquiries to  the  committee  on
   open government
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 90 of the public officers law is renumbered section
 90-a and a new section 90 is added to read as follows:
   § 90. FOIL REQUEST REPORTING.  1. ALL AGENCIES SUBJECT TO THIS ARTICLE
 SHALL, FOR EACH YEAR IN WHICH THEY RECEIVED OR HAVE  PENDING  A  REQUEST
 FOR  RECORDS UNDER THIS ARTICLE, SUBMIT TO THE COMMITTEE ON OPEN GOVERN-
 MENT THEIR LOG OF ALL SUCH FREEDOM OF INFORMATION LAW REQUESTS. FOR  THE
 PURPOSES OF THIS SECTION, PENDING SHALL MEAN REQUESTS THAT REMAINED OPEN
 DURING THE TWELVE-MONTH PERIOD, INCLUDING THOSE FIRST SUBMITTED IN PRIOR
 YEARS. THE FREEDOM OF INFORMATION LAW REQUEST LOGS SHALL:
   (A) COVER A TWELVE-MONTH RANGE OF DATES AS PRESCRIBED BY THE COMMITTEE
 ON  OPEN  GOVERNMENT  AND  SHALL  INCLUDE  DATA  REGARDING  ALL REQUESTS
 RECEIVED OR PENDING DURING THAT RANGE OF DATES;
   (B) BE SUBMITTED ON A SCHEDULE PRESCRIBED BY  THE  COMMITTEE  ON  OPEN
 GOVERNMENT;
   (C) BE IN A MACHINE-READABLE, TABULAR SPREADSHEET FORMAT PRESCRIBED BY
 THE COMMITTEE ON OPEN GOVERNMENT, INCLUDING BUT NOT LIMITED TO THE ORDER
 OF THE DATA FIELDS INCLUDED;
   (D)  BE  SUBMITTED  IN A METHOD AS PRESCRIBED BY THE COMMITTEE ON OPEN
 GOVERNMENT, SUCH AS BY ELECTRONIC MAIL, WEB FORM, WEB PORTAL,  OR  OTHER
 METHOD AS PRESCRIBED BY THE COMMITTEE;
   (E)  INCLUDE  DATA  PRESCRIBED  AND  DEFINED  BY THE COMMITTEE ON OPEN
 GOVERNMENT, BUT AT THE MINIMUM INCLUDING:
   (I) THE NAME OF THE REQUESTOR;
   (II) THE AFFILIATION OF THE EMPLOYER OF THE REQUESTOR WITH THE AGENCY,
 IF APPLICABLE;
   (III) THE DATE OF RECEIPT OF THE REQUEST;
   (IV) THE DATE OF ACKNOWLEDGMENT BY THE AGENCY OF THE REQUEST;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14610-01-4
 A. 9621                             2
 
   (V) THE DATE OF THE EXPECTED RESPONSE TIME AS PROVIDED IN THE ACKNOWL-
 EDGMENT;
   (VI) THE NUMBER OF EXTENSIONS OF TIME TO RESPOND TO DATE;
   (VII) THE DATE OF THE FINAL RESPONSE OR OF THE CLOSURE OF THE REQUEST,
 IF APPLICABLE;
   (VIII)  WHETHER  THE REQUEST WAS GRANTED IN WHOLE; GRANTED IN PART AND
 DENIED IN PART; OR DENIED;
   (IX) IF THE REQUEST WAS  DENIED  IN  WHOLE  OR  IN  PART,  A  LIST  OF
 EXEMPTIONS CITED IN THE FINAL RESPONSE, IF APPLICABLE;
   (X)  IF THE REQUEST WAS DENIED IN WHOLE OR IN PART, WHETHER THE AGENCY
 DETERMINED THERE WERE NO RESPONSIVE RECORDS;
   (XI) THE DATE AN APPEAL OF THE FINAL RESPONSE WAS FILED, OR WHETHER NO
 APPEAL WAS FILED;
   (XII) THE STATUS OF ANY APPEALS, INCLUDING WHETHER THE APPEAL WAS:
   (A) NOT FILED;
   (B) FILED AND PENDING;
   (C) FILED AND GRANTED IN WHOLE;
   (D) FILED AND GRANTED IN PART AND DENIED IN PART; OR
   (E) FILED AND DENIED;
   (XIII) A LIST OF EXEMPTIONS CITED IN AN APPEAL DENIAL, IF APPLICABLE;
   (XIV) THE AMOUNT, IN DOLLARS, OF TOTAL FEES COLLECTED FROM REQUESTOR;
   (XV) HOW MANY DOCUMENTS WERE PRODUCED;
   (XVI) HOW MANY PAGES WERE PRODUCED;
   (XVII) WHETHER ANY OF THE PRODUCED DOCUMENTS WERE REDACTED;
   (XVIII) WHETHER THE REQUEST WAS SUBJECT TO A  PROCEEDING  FILED  UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, AND IF SO:
   (A)  THE  RESULT,  INCLUDING  JUDGMENT  FOR  PETITIONER;  JUDGMENT FOR
 RESPONDENT; OR SETTLEMENT;
   (B) THE DATE OF THE FINAL JUDGMENT, WHETHER IT BE A FINAL JUDGMENT  OR
 STIPULATION OF DISMISSAL PURSUANT TO A SETTLEMENT;
   (C)  THE  AMOUNT  OF ATTORNEY FEES ASSESSED BY THE COURT TO BE PAID BY
 THE AGENCY, IF ANY; AND
   (D) WHETHER THE ARTICLE SEVENTY-EIGHT JUDGMENT WAS APPEALED,  AND  THE
 DATE OF THE APPEAL; AND
   (F) BE PUBLISHED ON THE AGENCY'S WEBSITE, IF THE AGENCY HAS ONE.
   2.  BY  JANUARY  FIRST  OF EACH YEAR, THE COMMITTEE ON OPEN GOVERNMENT
 SHALL PUBLISH, ON ONE WEBPAGE, ALL FREEDOM OF  INFORMATION  LAW  REQUEST
 LOGS  IT RECEIVES, IN A MACHINE-READABLE FORMAT SUCH AS A SPREADSHEET OR
 COMMA SEPARATED VARIABLE FILE, IN ADDITION TO ANY OTHER FORMAT IT  SHALL
 DETERMINE.  THE  COMMITTEE  SHALL  ADDITIONALLY  PUBLISH AND MAINTAIN AN
 ARCHIVE OF SUCH LOGS ON DATA.NY.GOV  OR  SUCH  OTHER  SUCCESSOR  WEBSITE
 MAINTAINED  BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE BY THE
 OFFICE OF INFORMATION TECHNOLOGY SERVICES UNDER EXECUTIVE  ORDER  95  OF
 2013, OR ANY SUCCESSOR AGENCY OR ORDER.
   3. THE COMMITTEE ON OPEN GOVERNMENT SHALL AT A MINIMUM PROVIDE, IN ITS
 ANNUAL REPORT REQUIRED BY SECTION EIGHTY-NINE OF THIS ARTICLE, THE TOTAL
 NUMBER  OF FOIL LOGS SUBMITTED BY AGENCIES PURSUANT TO THIS SECTION, AND
 THE COMMITTEE SHALL FURTHER BE AUTHORIZED TO ANALYZE  THE  DATA  IN  THE
 FREEDOM  OF  INFORMATION LAW REQUEST LOGS AND USE SUCH DATA AND ANALYSES
 THEREOF IN SUCH ANNUAL REPORT OR OTHER REPORTS OR ANALYSES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.