S T A T E O F N E W Y O R K
________________________________________________________________________
8586
I N A S S E M B L Y
January 12, 2024
___________
Introduced by M. of A. RAGA -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to time frames 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:
Section 1. Subdivision 3 of section 89 of the public officers law, as
amended by chapter 223 of the laws of 2008 and paragraph (c) as added by
chapter 47 of the laws of 2018, is amended to read as follows:
3. (a) Each entity subject to the provisions of this article, within
five business days of the receipt of a written request for a record
reasonably described, shall make such record available to the person
requesting it, deny such request in writing or furnish a written
acknowledgement of the receipt of such request [and a statement of the
approximate date, which shall be reasonable under the circumstances of
the request, when such request will be granted or denied], including,
where appropriate, a statement that access to the record will be deter-
mined in accordance with subdivision five of this section. IF SUCH
ACKNOWLEDGEMENT IS NOT FURNISHED WITHIN FIVE BUSINESS DAYS, SUCH REQUEST
SHALL BE DEEMED DENIED AND IS APPEALABLE.
(I) (A) AN ACKNOWLEDGEMENT SHALL INCLUDE A STATEMENT OF THE APPROXI-
MATE DATE, WHICH SHALL BE REASONABLE UNDER THE CIRCUMSTANCES OF THE
REQUEST AND WHICH SHALL NOT EXCEED THIRTY DAYS FROM RECEIPT OF THE
ORIGINAL REQUEST, WHEN SUCH REQUEST WILL BE GRANTED OR DENIED, AND A
STATEMENT EXPLAINING WHY SUCH DELAY IS NECESSARY UNDER THE CIRCUMSTANCE
OF THE REQUEST. IF A RESPONSE IS NOT ISSUED BY THE DATE STATED IN THE
ACKNOWLEDGMENT, THE REQUEST SHALL BE DEEMED DENIED AND IS APPEALABLE,
EXCEPT AS PROVIDED FOR IN CLAUSE (B) OF THIS SUBPARAGRAPH.
(B) AN AGENCY MAY ONLY EXTEND THE RESPONSE DATE BEYOND THIRTY DAYS IF
SUCH AGENCY DETERMINES TO GRANT A REQUEST IN WHOLE OR IN PART AND IF THE
AGENCY IS UNABLE TO COMPLETE ITS RESPONSE WITHIN THIRTY DAYS. IN SUCH
CASE, SUCH AGENCY SHALL STATE IN WRITING BOTH THE REASON THAT THE
RESPONSE COULD NOT BE COMPLETED WITHIN THIRTY DAYS AND PROVIDE A DATE NO
LATER THAN SIXTY DAYS FROM RECEIPT OF THE ORIGINAL REQUEST WHEN SUCH
REQUEST SHALL BE GRANTED IN WHOLE OR IN PART. IN NO CASE SHALL AN AGENCY
TAKE LONGER THAN SIXTY DAYS TO RESPOND TO A REQUEST. IF A FULL RESPONSE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13710-01-3
A. 8586 2
IS NOT ISSUED WITHIN SIXTY DAYS, THE REQUEST SHALL BE DEEMED DENIED AND
IS APPEALABLE.
(II) An agency shall not deny a request on the basis that the request
is voluminous or that locating or reviewing the requested records or
providing the requested copies is burdensome because the agency lacks
sufficient staffing or on any other basis if the agency may engage an
outside professional service to provide copying, programming or other
services required to provide the copy, the costs of which the agency may
recover pursuant to paragraph (c) of subdivision one of section eighty-
seven of this article.
(III) An agency may require a person requesting lists of names and
addresses to provide a written certification that such person will not
use such lists of names and addresses for solicitation or fund-raising
purposes and will not sell, give or otherwise make available such lists
of names and addresses to any other person for the purpose of allowing
that person to use such lists of names and addresses for solicitation or
fund-raising purposes. If an agency determines to grant a request in
whole or in part, and if circumstances prevent disclosure to the person
requesting the record or records within twenty business days from the
date of the acknowledgement of the receipt of the request, the agency
shall state, in writing, both the reason for the inability to grant the
request within twenty business days and a date certain within a reason-
able period, depending on the circumstances, when the request will be
granted in whole or in part.
(IV) Upon payment of, or offer to pay, the fee prescribed therefor,
the entity shall provide a copy of such record and certify to the
correctness of such copy if so requested, or as the case may be, shall
certify that it does not have possession of such record or that such
record cannot be found after diligent search.
(V) Nothing in this article shall be construed to require any entity
to prepare any record not possessed or maintained by such entity except
the records specified in subdivision three of section eighty-seven and
subdivision three of section eighty-eight of this article. When an agen-
cy has the ability to retrieve or extract a record or data maintained in
a computer storage system with reasonable effort, it shall be required
to do so. When doing so requires less employee time than engaging in
manual retrieval or redactions from non-electronic records, the agency
shall be required to retrieve or extract such record or data electron-
ically. Any programming necessary to retrieve a record maintained in a
computer storage system and to transfer that record to the medium
requested by a person or to allow the transferred record to be read or
printed shall not be deemed to be the preparation or creation of a new
record.
(b) All entities shall, provided such entity has reasonable means
available, accept requests for records submitted in the form of elec-
tronic mail and shall respond to such requests by electronic mail, using
forms, to the extent practicable, 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.
§ 2. This act shall take effect January 1, 2025.