{"id":37289,"date":"2025-11-12T17:19:13","date_gmt":"2025-11-12T17:19:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/37289\/"},"modified":"2025-11-12T17:19:13","modified_gmt":"2025-11-12T17:19:13","slug":"governor-hochul-vetoes-bill-adding-transparency-and-teeth-to-new-yorks-foil-law","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/37289\/","title":{"rendered":"Governor Hochul Vetoes Bill Adding Transparency And Teeth To New York’s FOIL Law"},"content":{"rendered":"

RCBJ-Audible (Listen For Free)<\/p>\n

\t\t\t\t\t\t\t\"Voiced<\/a><\/p>\n

\t\t\t\t\t<\/a><\/p>\n

New York Ranks Near Last In Compliance With FOIL Requests; Bill Would Have Imposed Specific Maximum Times For Compliance<\/p>\n

Governor Kathy Hochul vetoed a bill last month that would have fulfilled promises she made early in her administration that government should be more transparent and responsive in handling Freedom of Information Requests from the public and the media.<\/p>\n

New York\u2019s Freedom of Information Law (FOIL) grants the public the right to access government records, unless they are protected by an exemption. It allows individuals to request a wide range of information from state and local agencies by making written requests for documents in the agency\u2019s possession. The law requires agencies to acknowledge requests within five days of receipt, and then allows the agency multiple extensions of time to comply, with compliance extended for many months and sometimes years, often requiring individuals and the media to turn to courts for compliance. The costly process often deters requesters from ever receiving documents agencies are required by law to produce.<\/p>\n

The bill<\/a>, sponsored by State Senator James Skoufis, would have required government agencies to respond to records requests within five business days, and mandated specific written reasons if a delay beyond twenty business days was needed. The bill also would have prohibited denials based solely on volume or staffing limitations and would have permitted agencies to hire outside help and recoup costs under existing law.<\/p>\n

Skoufis\u2019 bill would have also mandated written justification and monthly updates to the records requestor and the New York State Committee on Open Government when an agency seeks to extend compliance dates, as well as fines on agencies that miss deadlines without cause.<\/p>\n

The bill would have also established maximum deadlines for FOIL fulfillment: 180 days for requests made before 12\/31\/2026; 90 days for requests in 2027; and 60 days for requests beginning in 2028, with only limited exceptions.<\/p>\n

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\u201cFor too long, New York State government transparency has depended not on the law, but on patience. Every year, thousands of New Yorkers submit record requests to the government, only to wait months\u2014sometimes years\u2014for a response, if they hear back at all. This process undermines trust in the institutions that were built to assist our community,\u201d said Skoufis in a statement after Hochul\u2019s veto.<\/p>\n

Justification for the bill read: \u201cNew York\u2019s Freedom of Information Law is a vital tool for New Yorkers to gain access to information that isn\u2019t readily available to the public. Unfortunately, many agencies have effectively decided to refrain from complying with the law by endlessly extending their time to respond to requests, thus making the tool ineffective. This bill will require agencies to acknowledge FOIL requests and produce an approximate date within a reasonable time frame to approve or deny the request. This bill will ensure New Yorkers have access to a transparent and responsive government regarding FOIL requests.\u201d<\/p>\n

Hochul, in a \u00a0message accompanying her veto<\/a> said \u00a0the bill \u201cas drafted was unworkable.\u201d \u00a0She said the bill \u201cestablishes arbitrary deadlines \u2026 regardless of the complexity or length of any given request.\u201d But, the bill in fact allowed for exceptions for large requests, with delays having to be justified to the state Committee on Open Government.<\/p>\n

Hochul also complained that the bill didn\u2019t allocate additional funds for compliance.<\/p>\n

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According to MuckRock<\/a>, a non-profit news organization and online platform that helps the public file, track, and share government information requests, New York\u2019s\u00a0FOIL\u00a0system is one of the slowest in the country: New York ranks 47th among the 50 states in response times, with compliance from state agencies averaging 147 days.<\/p>\n

Local agencies often take longer to comply, if at all. Rockland County Business Journal recently filed a lawsuit against Rockland Green<\/a> after waiting more than eight months for documents related to the selection of an out-of-state contractor to construct an $18 million animal shelter in West Haverstraw. The contractor had never built an animal shelter and was not the low bidder. Last month, a court ordered Rockland Green to produce unredacted documents to the court for review.<\/p>\n

New York Focus, an independent nonprofit newsroom, says its \u201creporters can attest that many agencies treat the law as optional, delaying even simple requests by months or years, rendering them effectively inaccessible without a lawsuit.\u201d<\/p>\n

According to Reinvent Albany, an advocate for transparent and accountable New York government: \u201cNew York\u2019s Freedom of Information Law (FOIL) process is\u00a0plagued by endless delays, deliberate agency foolery, and unlawfulness that have combined to severely undermine the transparency of our state and local governments and deprive New Yorkers of our right to know what our government is doing in our name.\u201d<\/p>\n

Senator Skoufis said, \u201cThe Freedom of Information Law (FOIL), enacted in 1978, was built on a simple promise:\u00a0that government records belong to the public. Government agencies are not doing the\u00a0public a favor by providing access to records to which the law entitles them, and when those\u00a0agencies endlessly extend their time to respond to requests, they are effectively refusing to\u00a0comply with New York State law.\u201d<\/p>\n

The vetoed bill would have \u201cturned accountability into reality,\u201d added Skoufis. \u201cThe ability to review documents allows the press and public to hold government agencies\u00a0accountable, and is essential to a functioning democracy. New York\u2019s FOIL is an obligation,\u00a0not a choice.\u201d<\/p>\n

<\/a><\/a><\/p>\n

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