Hochul Rejects Public Records Bill, Stalling Promised Reforms to New York’s Transparency Laws

Governor Kathy Hochul has vetoed a bill that sought to accelerate New York’s Freedom of Information Law (FOIL) process — a move that transparency advocates say undermines her earlier pledge to make state government more open and accountable.

A Promise of Transparency, Still Unfulfilled

When Hochul became governor in 2021, she vowed to deliver a “new era of transparency” and to reform how the state handles public records requests. The Freedom of Information Law — the primary tool citizens, journalists, and advocacy groups use to access government documents — has long been criticized for sluggish response times. Despite similar laws across the country, New York consistently ranks among the slowest states in processing requests.

Four years later, Hochul’s administration has made modest strides in transparency, but major reform remains elusive. Earlier this year, state lawmakers passed a bill that would have required agencies to respond to FOIL requests more promptly. Hochul vetoed it this month.

What the Bill Proposed

Under current law, agencies must acknowledge FOIL requests within five business days — but can delay releasing the requested records indefinitely. The vetoed bill, introduced by Senator James Skoufis of Orange County, aimed to phase in a 60-day limit for most requests by 2028.

The legislation included flexibility for complex or voluminous requests but would have required agencies to justify extensions before the state’s Committee on Open Government. Supporters argued that such accountability was essential to prevent agencies from using bureaucratic loopholes to stonewall the public.

In her veto message, Hochul said the measure imposed “arbitrary deadlines” that didn’t reflect the complexity of some requests. She also pointed out that the bill lacked funding to help agencies hire additional staff to handle the anticipated workload — an issue that can only be addressed through the state budget process.

New York Among Slowest in the Nation

New York’s FOIL performance continues to lag far behind other states. According to data from the records platform MuckRock, New York ranks 47th nationwide, with agencies taking an average of 147 days to fulfill a request.

Transparency organization Reinvent Albany has documented sharp disparities across agencies. The state Board of Elections typically responds within four days, while the New York City Mayor’s Office takes an average of 283 days. Some agencies, such as the Department of Correction — which oversees the Rikers Island jail complex — take well over a year to release records.

Long Waits, Little Accountability

Reporters, watchdogs, and citizens alike say the delays often render public records effectively inaccessible without filing lawsuits. Requests for simple documents can languish for months or years.

Below are several examples from journalists navigating New York’s slow-moving system:

• New York Power Authority: A request for contracts related to a 2022 clean energy program has been pending for more than six months.

• NYC Administration for Children’s Services: Records concerning the state’s Child Care Assistance Program remain unfulfilled after seven months.

• Department of Financial Services: A request for employee résumés has been delayed 22 times, spanning more than 600 days.

• Yonkers Industrial Development Agency: A journalist’s inquiry into emails involving local officials and lobbyists connected to Mayor Mike Spano’s family has been pending for over a year and a half.

• New York City Mayor’s Office: One reporter’s request for correspondence about the controversial InnovationQNS development has gone unanswered for more than three years and 17 deadline extensions.

• New York Police Department: Requests for training materials have remained open for three and a half years — a record even by New York standards.

Reform Still on Hold

For now, the governor’s veto keeps the existing system intact — one that critics say enables secrecy through delay. Without new legislation or dedicated funding to bolster agency staff, the “new era of transparency” promised in 2021 remains more aspiration than reality.

For those who rely on access to public information, the message is clear: in New York, waiting for government records is still very much a test of patience.