New York S 1417: Creates a statewide central register of elder abuse and maltreatment reports and the elder justice coordinating council

Bill Text

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S01417 Summary:

BILL NOS01417 

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SAME ASNo Same As

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SPONSORTEDISCO

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COSPNSRBORRELLO, HELMING, OBERACKER, ORTT, PALUMBO, WEIK

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MLTSPNSR

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Amd §§86 & 89, Pub Off L; add Title P Art 285 §285.05, Pen L

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

Go to top S01417 Actions:

BILL NOS01417 

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01/09/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS01417 Committee&nbspVotes:

Go to topS01417 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01417 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1417

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sens. TEDISCO, BORRELLO, HELMING, OBERACKER, ORTT, PALUM-
 BO, WEIK -- read twice and ordered printed, and when printed to be
 committed to the Committee on Investigations and Government Operations

 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 free-
 dom of information law

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 86 of the public officers law is amended by adding
 2 two new subdivisions 12 and 13 to read as follows:
 3 12. "State agency" means any state department, division, commission,
 4 public authority or public corporation.
 5 13. "Head of agency" means the commissioner, acting commissioner,
 6 deputy commissioner, superintendent, director, deputy director, or chief
 7 executive officer of a state agency.
 8 § 2. Paragraph (a) of subdivision 3 of section 89 of the public offi-
 9 cers law, as amended by chapter 223 of the laws of 2008, is amended to
 10 read as follows:
 11 (a) (1) Each entity subject to the provisions of this article, within
 12 five business days of the receipt of a written request for a record
 13 reasonably described, shall:
 14 (i) make such record available to the person requesting it[,];
 15 (ii) deny such request in writing; or
 16 (iii) furnish a written acknowledgement of the receipt of such request
 17 and a statement of the approximate date, which shall be reasonable under
 18 the circumstances of the request, when such request will be granted or
 19 denied, including, where appropriate, a statement that access to the
 20 record will be determined in accordance with subdivision five of this
 21 section.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04340-01-5

 S. 1417 2

 1 (2) Any entity which furnishes such a written acknowledgement and
 2 statement shall have up to thirty days from the date of the request to
 3 grant or deny such request, and where such request is granted, such
 4 entity shall have up to a maximum of ninety days from the date of the
 5 request to make such record available to the person requesting it. When
 6 a state agency grants a request for records from a person and the
 7 records are not made available within thirty days of such request, the
 8 head of such agency shall have a duty to review such request and direct
 9 such agency, in writing, to make the records available to the person who
 10 made the request no later than ninety days from the date of such
 11 request, and to ensure such records are made available. When a state
 12 agency receives a request for records and provides a statement of the
 13 approximate date when such request will be granted or denied, the head
 14 of such agency shall have a duty to direct such agency, in writing, to
 15 make such determination no later than thirty days from the date of such
 16 request, and to ensure such determination is made by such agency within
 17 such time. When a state agency has not denied a request for records or
 18 made records available within thirty days of a request for records, the
 19 head of such agency shall sign a certification, under penalty of perju-
 20 ry, which shall be signed and posted on the agency's website within
 2