Assembly limits FOIL exemptions to three‑year periods in bid to increase transparency

The Assembly passed A.1410a, a bill that changes the Public Officers Law to require that exemptions from the Freedom of Information Law (FOIL) for records submitted to state agencies be granted for limited periods (three years) with a process for renewal, instead of operating effectively as indefinite shields.

Sponsor Assemblymember Rosenthal framed the bill as reinforcing the presumption of public access and preventing perpetual secrecy for records held by state agencies. “The freedom of information law starts from a presumption of public access,” Rosenthal said, adding that the bill prevents exemptions from functioning as indefinite shields.

Opponents, including members of the minority and business groups noted in debate, expressed concern about the administrative burden across more than 100 state agencies, the risk that a missed 60‑day renewal window could lead to inadvertent disclosure of sensitive information and whether the bill would apply prospectively only. The sponsor said the bill is prospective and that the renewal window (applications at least 60 days before expiration) was intended to balance transparency with protection of legitimately proprietary material.

The clerk recorded the vote as Ayes 97, Nays 46, and the bill passed. Supporters argued the change would streamline government and restore the public’s right to know; critics said it could increase the chance of accidental release and add significant agency workload.

The bill takes effect prospectively; existing indefinite exemptions prior to enactment would remain.