Senate Bill S8128

2023-2024 Legislative Session

Relates to the maximum allowable timeframes to respond to requests for records under the freedom of information act

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • 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-S8128 (ACTIVE) - Details

See Assembly Version of this Bill:
A8586
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L

2023-S8128 (ACTIVE) - Summary

Relates to the maximum allowable time frames to respond to requests for records under the freedom of information act.

2023-S8128 (ACTIVE) - Sponsor Memo

2023-S8128 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8128
 
                             I N  S E N A T E
 
                              January 8, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 time frames  for
   responding  to  requests  for records under the freedom of information
   act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 89 of the public officers law, as
 amended by chapter 223 of the laws of 2008 and paragraph (c) as added by
 chapter 47 of the laws of 2018, is amended to read as follows:
   3. (a) 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 make such record  available  to  the  person
 requesting  it,  deny  such  request  in  writing  or  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 deter-
 mined in accordance with subdivision five of  this  section.    IF  SUCH
 ACKNOWLEDGEMENT IS NOT FURNISHED WITHIN FIVE BUSINESS DAYS, SUCH REQUEST
 SHALL BE DEEMED DENIED AND IS APPEALABLE.
   (I)  (A)  AN ACKNOWLEDGEMENT SHALL INCLUDE A STATEMENT OF THE APPROXI-
 MATE DATE, WHICH SHALL BE REASONABLE  UNDER  THE  CIRCUMSTANCES  OF  THE
 REQUEST  AND  WHICH  SHALL  NOT  EXCEED  THIRTY DAYS FROM RECEIPT OF THE
 ORIGINAL REQUEST, WHEN SUCH REQUEST WILL BE GRANTED  OR  DENIED,  AND  A
 STATEMENT  EXPLAINING WHY SUCH DELAY IS NECESSARY UNDER THE CIRCUMSTANCE
 OF THE REQUEST. IF A RESPONSE IS NOT ISSUED BY THE DATE  STATED  IN  THE
 ACKNOWLEDGMENT,  THE  REQUEST  SHALL BE DEEMED DENIED AND IS APPEALABLE,
 EXCEPT AS PROVIDED FOR IN CLAUSE (B) OF THIS SUBPARAGRAPH.
   (B) AN AGENCY MAY ONLY EXTEND THE RESPONSE DATE BEYOND THIRTY DAYS  IF
 SUCH AGENCY DETERMINES TO GRANT A REQUEST IN WHOLE OR IN PART AND IF THE
 AGENCY  IS  UNABLE  TO COMPLETE ITS RESPONSE WITHIN THIRTY DAYS. IN SUCH
 CASE, SUCH AGENCY SHALL STATE  IN  WRITING  BOTH  THE  REASON  THAT  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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