Assembly Bill A8186

2021-2022 Legislative Session

Relates to the failure to produce records in response to a FOIL request; and criminalizes the failure to comply with the freedom of information law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-A8186 (ACTIVE) - Details

See Senate Version of this Bill:
S5752
Current Committee:
Assembly Governmental Employees
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 89, Pub Off L; add Title P Art 285 §285.05, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A4633, S1641

2021-A8186 (ACTIVE) - Summary

Relates to the failure to produce records in response to a FOIL request; criminalizes the failure to comply with the freedom of information law.

2021-A8186 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8186
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the public officers law, in relation to the failure to
   produce records in response to a FOIL request; and to amend the  penal
   law, in relation to criminalizing the failure to comply with the free-
   dom of information law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 86 of the public officers law is amended by  adding
 two new subdivisions 10 and 11 to read as follows:
   10.  "STATE  AGENCY" MEANS ANY STATE DEPARTMENT, DIVISION, COMMISSION,
 PUBLIC AUTHORITY OR PUBLIC CORPORATION.
   11. "HEAD OF AGENCY"  MEANS  THE  COMMISSIONER,  ACTING  COMMISSIONER,
 DEPUTY COMMISSIONER, SUPERINTENDENT, DIRECTOR, DEPUTY DIRECTOR, OR CHIEF
 EXECUTIVE OFFICER OF A STATE AGENCY.
   §  2. Paragraph (a) of subdivision 3 of section 89 of the public offi-
 cers law, as amended by chapter 223 of the laws of 2008, is  amended  to
 read as follows:
   (a)  (1) Each entity subject to the provisions of this article, within
 five business days of the receipt of a  written  request  for  a  record
 reasonably described, shall:
   (I) make such record available to the person requesting it[,];
   (II) deny such request in writing; or
   (III) furnish a written acknowledgement of the receipt of such request
 and a statement of the approximate date, which shall be reasonable under
 the  circumstances  of the request, when such request will be granted or
 denied, including, where appropriate, a statement  that  access  to  the
 record  will  be  determined in accordance with subdivision five of this
 section.
   (2) ANY ENTITY WHICH FURNISHES  SUCH  A  WRITTEN  ACKNOWLEDGEMENT  AND
 STATEMENT  SHALL  HAVE UP TO THIRTY DAYS FROM THE DATE OF THE REQUEST TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.