Bill

Bill > A04633


NY A04633

NY A04633
Relates 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
02/21/2023
In Committee
01/03/2024
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

2023-2024 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 and the Penal Law to address the failure to produce records in response to a Freedom of Information Law (FOIL) request. The key provisions are: 1. It defines "state agency" and "head of agency" for the purposes of FOIL requests. 2. It requires state agencies to respond to FOIL requests within 30 days and make the requested records available within 90 days. The head of the agency must review the request, direct the agency to make a determination, and ensure the records are provided. 3. It creates a new criminal offense, "criminal failure to comply with the freedom of information law," for the governor, their senior staff, or the head of a state agency who intentionally fails to fulfill their duties related to FOIL requests. This is a class B misdemeanor, and public funds cannot be used to pay any fines or legal fees related to this offense.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

referred to governmental employees (on 01/03/2024)

Taxonomy

Government Operations
  • ‐ Government Transparency and Open Records
Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

bill text


bill summary

Loading...

bill summary

Loading...
Loading...