|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 17, 2021||referred to investigations and government operations|
senate Bill S5752
Current Bill Status - In Senate Committee Investigations And Government Operations Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5752 (ACTIVE) - Details
S5752 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5752 SPONSOR: TEDISCO TITLE OF BILL: 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 freedom of information law PURPOSE: This Legislation relates to the failure to produce records in response to a FOIL request; and creates a misdemeanor for the failure to comply with the freedom of information law. SUMMARY OF PROVISIONS: Section 1. Section 86 of the public officers law is amended by adding two new subdivisions 10 and 11 to read as follows:
S5752 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5752 2021-2022 Regular Sessions I N S E N A T E March 17, 2021 ___________ Introduced by Sens. TEDISCO, JORDAN, BORRELLO, HELMING, MARTUCCI, OBER- ACKER, ORTT, PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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