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

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 25, 2021 referred to governmental employees

A8186 (ACTIVE) - Details

See Senate Version of this Bill:
S5752
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 89, Pub Off L; add Title P Art 285 §285.05, Pen L

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.

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.