Senate Bill S1641

2023-2024 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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1641 (ACTIVE) - Details

See Assembly Version of this Bill:
A4633
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
Versions Introduced in 2021-2022 Legislative Session:
S5752, A8186

2023-S1641 (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.

2023-S1641 (ACTIVE) - Sponsor Memo

2023-S1641 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1641
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by Sens. TEDISCO, BORRELLO, HELMING, OBERACKER, ORTT, PALUM-
   BO, WEIK -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Investigations and Government 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 12 and 13 to read as follows:
   12.  "STATE  AGENCY" MEANS ANY STATE DEPARTMENT, DIVISION, COMMISSION,
 PUBLIC AUTHORITY OR PUBLIC CORPORATION.
   13. "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.
                                                            LBD05635-01-3
 S. 1641                             2
              

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