Bill > S01641

This bill amends the Public Officers Law and the Penal Law to address the failure to produce records in response to a Freedom of Information Law (FOIL) request. The key provisions of the bill are: 1. It defines "state agency" and "head of agency" for the purposes of FOIL. 2. It requires state agencies to respond to FOIL requests within specific timelines, with the head of the agency having a duty to review the request and direct the agency to make records available within 90 days of the request if it is granted. The head of the agency must also provide a certification if the agency fails to make a determination within 30 days. 3. It creates a new criminal offense, "Criminal Failure to Comply with the Freedom of Information Law," which applies to the governor, senior appointed staff of the governor, or the head of a state agency who intentionally fails to fulfill their duties related to FOIL requests. This includes failing to review a request, direct the agency to make a determination or provide records, or provide the required certification. Individuals found guilty of this offense cannot be indemnified or have their legal fees paid by the state and cannot use public funds or political committee money to pay fines or legal fees.