Assembly Bill A11143

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11143
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced by M. of A. KASSAY -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the public officers law, in relation to certain reforms
   for agencies subject to the freedom of information law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subparagraph  ii  of  paragraph  (b)  of subdivision 1 of
 section 87 of the public officers law, as added by chapter  933  of  the
 laws of 1977, is amended to read as follows:
   ii.  the persons from whom such records may be obtained, AND TO WHOM A
 REQUESTOR MAY APPEAL A COMPLETE DENIAL, PARTIAL DENIAL, OR  CONSTRUCTIVE
 DENIAL,  AND  HOW  TO  REQUEST  RECORDS  FROM  OR APPEAL DENIALS TO SUCH
 PERSONS, INCLUDING BUT NOT LIMITED TO A MAILING  ADDRESS  AND  AN  EMAIL
 ADDRESS FOR EACH SUCH PERSON; and
   §  2. Subdivision 4 of section 87 of the public officers law, as added
 by chapter 890 of the laws of 1981 and paragraph (c) as added by chapter
 102 of the laws of 2007, is amended to read as follows:
   4. (a) Each state agency  which  maintains  records  containing  trade
 secrets,  to  which  access  may  be denied pursuant to paragraph (d) of
 subdivision  two  of  this  section,  shall  promulgate  regulations  in
 conformity  with  the  provisions of subdivision five of section eighty-
 nine of this article pertaining to  such  records,  including,  but  not
 limited to the following:
   (1) the manner of identifying the records or parts;
   (2) the manner of identifying persons within the STATE agency to whose
 custody  the  records  or parts will be charged and for whose inspection
 and study the records will be made available;
   (3) the manner of safeguarding against any unauthorized access to  the
 records.
   (b)  [As  used in this subdivision the term "agency" or "state agency"
 means only a state  department,  board,  bureau,  division,  council  or
 office  and  any  public  corporation  the majority of whose members are
 appointed by the governor.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15378-01-6
              

 A. 11143                            2

   (c)] Each [state] agency that maintains a website shall post  informa-
 tion  related  to  this article and article six-A of this chapter on its
 website. Such information shall include, at a minimum, contact  informa-
 tion  for the persons from whom records of the agency may be obtained AS
 PROMULGATED  PURSUANT TO SUBPARAGRAPH II OF PARAGRAPH (B) OF SUBDIVISION
 ONE OF THIS SECTION, the times and places such records are available for
 inspection and copying, and information on how  to  request  records  in
 person,  by mail, [and, if the agency accepts requests for records elec-
 tronically,] by e-mail, AND BY ANY OTHER  ADDITIONAL  MEANS  THE  AGENCY
 SHALL DESIGNATE. [This posting] SUCH POSTINGS BY STATE AGENCIES shall be
 linked to the website of the committee on open government.
   §  3.  Paragraphs  (b)  and  (c) of subdivision 3 of section 89 of the
 public officers law, paragraph (b) as amended by chapter 223 of the laws
 of 2008 and paragraph (c) as added by chapter 47 of the  laws  of  2018,
 are amended and a new paragraph (d) is added to read as follows:
   (b)  All  entities  shall,  provided  such entity has reasonable means
 available, accept requests for records AND APPEALS OF DENIALS OF  ACCESS
 TO RECORDS submitted in the form of electronic mail and shall respond to
 such  requests by electronic mail, using forms[, to the extent practica-
 ble,] 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.
   (D) EACH AGENCY THAT MAINTAINS A WEBSITE SHALL PROVIDE ON SUCH WEBSITE
 THE NAME, JOB TITLE, MAILING ADDRESS, PHONE NUMBER, AND  E-MAIL  ADDRESS
 FOR  SUCH  AGENCY'S  RECORDS  ACCESS  OFFICER AND THE INDIVIDUAL OR BODY
 ESTABLISHED TO DETERMINE APPEALS BY SUCH AGENCY.
   § 4. Paragraph (a) of subdivision 4 of section 89 of the public  offi-
 cers  law,  as  amended by chapter 22 of the laws of 2005, is amended to
 read as follows:
   (a) Except as provided in subdivision five of this section, any person
 denied access to a record may within thirty days appeal in writing  such
 denial  to  the  head, chief executive or governing body of the [entity]
 AGENCY, or the person therefor designated by such head, chief executive,
 or governing body, who shall within ten business days of the receipt  of
 such appeal fully explain in writing to the person requesting the record
 the  reasons for further denial, or provide access to the record sought.
 EACH AGENCY SHALL ALLOW FOR ANY PERSON TO APPEAL  DENIAL  OF  ACCESS  TO
 RECORDS  IN  THE  FORM  OF  ELECTRONIC  MAIL.  ANY  AGENCY WHOSE WEBSITE
 PROVIDES FOR THE ONLINE SUBMISSION OF A REQUEST FOR RECORDS PURSUANT  TO
 THIS  ARTICLE  SHALL  ALLOW FOR ANY PERSON TO APPEAL DENIAL OF ACCESS TO
 RECORDS THROUGH SUCH WEBSITE. In addition, each agency shall immediately
 forward to the committee on open government a copy of such  appeal  when
 received by the agency and the ensuing determination thereon. Failure by
 an  agency  to  conform  to  the provisions of subdivision three of this
 section shall constitute a denial.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.