Bill > S01417

This bill strengthens the Freedom of Information Law (FOIL) by introducing new provisions to improve government transparency and accountability. It defines "state agency" and "head of agency" more comprehensively and establishes stricter requirements for responding to public records requests. The bill mandates that state agencies must respond to FOIL requests within five business days by either providing the requested records, denying the request in writing, or providing a written acknowledgement with an estimated completion date. If an agency does not fulfill a records request within 30 days, the agency head must review the request, direct the agency to make a determination, and sign a detailed certification under penalty of perjury explaining the status of the request. Furthermore, the bill criminalizes failure to comply with FOIL by creating a new misdemeanor offense for government officials who intentionally fail to review records requests, direct agencies to make determinations, or provide required certifications. The new criminal provision explicitly prohibits the use of public or campaign funds to pay any resulting fines or legal fees, and violations are classified as a class B misdemeanor. This legislation aims to enhance government transparency by providing stronger enforcement mechanisms and personal accountability for public officials handling public records requests.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/S1417