Assembly Bill A3425A

2025-2026 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2025-A3425 - Details

See Senate Version of this Bill:
S2520
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:
A8586, S8128

2025-A3425 - Summary

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

2025-A3425 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3425
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of  A.  RAGA,  GONZALEZ-ROJAS, KIM, SHIMSKY, SIMONE,
   KELLES, EPSTEIN, ALVAREZ -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02197-01-5
 A. 3425                             2
              

co-Sponsors

2025-A3425A (ACTIVE) - Details

See Senate Version of this Bill:
S2520
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:
A8586, S8128

2025-A3425A (ACTIVE) - Summary

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

2025-A3425A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3425--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced  by  M.  of  A.  RAGA,  GONZALEZ-ROJAS, KIM, SHIMSKY, SIMONE,
   KELLES, EPSTEIN, ALVAREZ, STECK, BURROUGHS, REYES  --  read  once  and
   referred  to  the  Committee  on  Governmental Operations -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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.  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. An agency may require a person requesting lists  of  names
 and  addresses  to provide a written certification that such person will
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02197-06-5
              

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