senate Bill S5752

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 Senate Committee Investigations And Government Operations 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
Mar 17, 2021 referred to investigations and government operations

Co-Sponsors

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S5752 (ACTIVE) - Details

See Assembly Version of this Bill:
A8186
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§86 & 89, Pub Off L; add Title P Art 285 §285.05, Pen L

S5752 (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.

S5752 (ACTIVE) - Sponsor Memo

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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