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NY A04633

Bill

Status

Introduced

2/21/2023

Primary Sponsor

John McGowan

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Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Establishes new duties for state agency heads to review FOIL requests and direct agencies to make determinations within 30 days and produce records within 90 days of the request.

  • Requires agency heads to sign certifications under penalty of perjury and post them on the agency website within 45 days if records are not provided within 30 days, detailing compliance efforts.

  • Mandates agency heads notify the Governor if a determination on a FOIL request is not made within 30 days, and requires the Governor and senior staff to review and direct compliance within 45 days.

  • Creates a new class B misdemeanor offense for the Governor, senior appointed staff, or agency heads who intentionally fail to review requests, issue written directives, or provide required certifications under FOIL.

  • Prohibits the state from using public funds or campaign funds to indemnify, pay legal fees, or cover penalties for individuals convicted of criminal failure to comply with FOIL.

Legislative Description

Relates to the failure to produce records in response to a FOIL request; criminalizes the failure to comply with the freedom of information law.

Last Action

referred to governmental employees

1/3/2024

Committee Referrals

Governmental Employees2/21/2023

Full Bill Text

No bill text available