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NY S05752
NY S05752Relates to the failure to produce records in response to a FOIL request; criminalizes the failure to comply with the freedom of information law.
summary
Introduced
03/17/2021
03/17/2021
In Committee
01/05/2022
01/05/2022
Crossed Over
Passed
Dead
12/31/2022
12/31/2022
Introduced Session
2021-2022 General Assembly
Bill Summary
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
AI Summary
This bill amends the Public Officers Law to add new definitions of "state agency" and "head of agency". It also modifies the Freedom of Information Law (FOIL) to require state agencies to respond to records requests within specific timeframes. If an agency fails to respond within 30 days, the head of the agency must review the request, direct the agency to make a determination within 45 days, and ensure the records are made available within 90 days. The bill also creates a new criminal offense of "criminal failure to comply with the freedom of information law" for the governor, senior staff, or heads of state agencies who intentionally fail to fulfill their duties under FOIL. This new offense is a class B misdemeanor, and public funds cannot be used to pay any fines or legal fees associated with it.
Committee Categories
Government Affairs
Sponsors (9)
Jim Tedisco (R)*,
George Borrello (R),
Pam Helming (R),
Daphne Jordan (R),
Michael Martucci (R),
Peter Oberacker (R),
Rob Ortt (R),
Tony Palumbo (R),
Alexis Weik (R),
Last Action
REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS (on 01/05/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2021/S5752 | 03/18/2021 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S05752&term=2021&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S05752 | 03/18/2021 |
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