Bill
Bill > A04633
NY A04633
NY A04633Relates 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
02/21/2023
In Committee
01/03/2024
01/03/2024
Crossed Over
Passed
Dead
12/31/2024
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
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/2023/A4633 | 02/21/2023 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=A04633&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#A04633 | 02/21/2023 |
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