New York Gov. Signs Bill Strengthening Freedom of Information Law

On Tuesday, New York Governor George E. Pataki announced that he has signed legislation into law that will strengthen New York State's Freedom of Information Law (FOIL). The new law sets specific new timeframe requirements that will provide clarity and guidance to local governments and State agencies and make the Freedom of Information Law even stronger.



"We have worked hard to make government as open and transparent as possible, and this legislation will make New York's Freedom of Information Law even stronger and ensure that local governments and State agencies respond promptly to requests for information," Governor Pataki said. "We are proud of our efforts to promote an open and responsive government and will continue to look for additional ways to make government more accountable to New Yorkers."

Senator Nicholas Spano said, "This new law will provide those making FOIL requests with greater clarity and guidance than the law does as it currently stands. At the same time, we are promoting an open government process and letting the public and the working press know that government is here to work with them and for the public good. I commend Governor Pataki for his commitment to reform and for signing this bill into law."

Assemblywoman RoAnn Destito, chair of the Assembly Governmental Operations Committee said, "A democracy requires that all citizens can obtain information about their government. This legislation, which we championed in the Assembly, will strengthen our Freedom of Information Laws so that the public's requests for information can not be ignored. This bill clearly establishes that all FOIL requests filed with a State agency deserve and will receive a response and not be bottled up by a loophole in the law."

Diane Kennedy, President of the New York Newspaper Publishers Association, said, "This new law will provide certainty to citizens and journalists when they seek access to public documents. Although the majority of government agencies take their disclosure responsibilities seriously, a few have effectively denied access by delaying their responses to requests, sometimes for months or even years. By signing this legislation, Governor Pataki has closed a major loophole in the Freedom of Information law which allowed agencies to evade their responsibility to provide prompt public access to documents."

Secretary of State Randy A. Daniels, who's office oversees the Committee on Open Government, said, "As a journalist and as Secretary of State, I know how important it is to provide information to the media and the public in a timely fashion. Under Governor Pataki's leadership, New York's Freedom of Information Law will continue to set the highest standards in the nation."

The current Freedom of Information Law provides that a government body must respond in writing to a FOIL request in five business days and either provide the requested documents, deny the request, or estimate a time for when a response will be made.

Under the new law signed by the Governor today, agencies must provide an approximate date that is reasonable under the circumstances. If an agency determines that it will be granting a FOIL request -- but is unable to provide the records within 20 business days after sending an initial acknowledgement letter -- the agency must state in writing the reason(s) it cannot grant the request within the 20 days and provide a specific date when the request will be granted. If an agency fails to abide by these new requirements, the request will be deemed denied and the requestor will have the right to appeal under the current FOIL.

Governor's Speech

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