Gov. Kathy Hochul vetoes measure that set deadline for agencies to comply with public information requests

Gov. Kathy Hochul, who promised a "new era of transparency" when she took office in 2021, has vetoed a law that good government groups supported for its potential to increase transparency and access to public records.

The law would have set a time limit for the government to provide most public records after it receives a request. By 2028, government agencies would have had to provide most records requested within 60 days or otherwise provide a detailed explanation in writing.

But Hochul said the law "establishes arbitrary deadlines" that would apply "regardless of the complexity or length of any given request."

"While I support the goal of enhancing public transparency, the bill as drafted is unworkable," Hochul wrote in a veto message earlier this month.

Hochul also denied the law because it did not include funding for the government to comply.

Under the current practice of the law, reporters at Newsday and other media outlets have waited months, and in certain cases years, without public records being turned over by state agencies and without a detailed explanation for the delay. Newsday has sued Nassau County over its failure to produce certain records.

The bill states that if the relevant records are "so voluminous" that it is impractical to review them quickly, an agency should notify the person who made the request and state what efforts are being made to make the records available as soon as possible. 

The bill was sponsored by Democratic State Sen. James Skoufis, of Cornwall, and Assemb. Steven Raga, of Queens. The bill memo said it would ensure "access to a transparent and responsive government."

"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," the bill’s memo reads.

The bill passed unanimously in the State Legislature in June.

Reinvent Albany, a good government group, had described it as the "most significant improvement" to the state’s public records law that the legislature had agreed upon in years.

"For government transparency to work in New York, we need a yes governor who wants to fix problems," Reinvent Albany said in a statement in response to the veto. "Saying no to every solution our groups propose is not being a leader, it’s lackadaisical."

When Hochul was sworn in as governor in 2021 after former Gov. Andrew M. Cuomo’s resignation under a medley of scandals, Hochul said "a new era of transparency" would be a "hallmark" of her administration. In August, her office released a list of Hochul’s accomplishments in her first four years in office that did not mention any of her transparency initiatives.