Freedom of Information Act Clarification Act

From SimDemocracy Archives

Freedom of Information Act Clarification Act

Preamble

This act is meant to clear up how the SOAO mentioned in the Freedom of Information Act must be created, how it will be appointed, and specific details involving it. It will now be a part of the SimDem Independent Oversight Authority. It also clears up the language slightly to make it clear what agencies the FOIA can be used to obtain information from. In addition, the time limits have now been changed in the original FOIA to make them shorter and more reasonable to the public looking for information. Due to the original bill having a lack of usage of the standard formatting on the archives, the amendments in this bill will also use the formatting of the original act.

Article 1

§1. All provisions in this Act will not be in effect for FOIA requests made prior to this Act’s passage.

§2. Article 1 Section 1 of the Freedom of Information Act shall be stricken and replaced with:

Section 1. General Provisions

All citizens of SimDemocracy have the right to request access to records and documents held by public bodies, subject to the exemptions outlined in this Act. This Act applies to the Executive, the Senate, and the Judiciary, as well as publicly funded agencies and entities.

§3. Article 2 Section 2 of the Freedom of Information Act shall be stricken and replaced with:

Section 2. Response Time

Public bodies must respond to FOI requests within 7 calendar days of receipt, either by providing the requested information or explaining why the request cannot be fulfilled under the exemptions outlined in Article 3. An extension of up to 3 additional days may be granted for particularly complex or voluminous requests, with written notice provided to the requester.

§4. Article 4 of the Freedom of Information Act shall stricken and replaced with:

Article 4: Appeals and Oversight

Section 1. The Freedom of Information Committee

The Freedom of Information Committee (FOIC) under The SimDem Independent Oversight Authority (SDIOA) shall be tasked with reviewing FOI disputes.

The FOIC shall include the Independent Ombudsman and up to two SDIOA employees chosen by the Independent Ombudsman, who must be confirmed by a majority vote in the senate.

Individuals within the FOIC must not concurrently be: -The president or vice president. -A sitting member of the cabinet or the head of a division in an Executive branch department. -A member of the judiciary. -A current Senator. -Currently running for any office.

Current members of the FOIC will be granted access to confidential information that is relevant to appeals and disputes in the FOIA.

An individual within the FOIC shall be paid a weekly salary of 100 tau.

Section 2. Right to Appeal

Citizens may appeal a denial of an FOI request to the Freedom of Information Committee.

The FOIC shall investigate appeals, mediate disputes, and issue binding decisions regarding the release of records under the FOI requests. The FOIC must provide a resolution within 7 calendar days of receiving an appeal and provide explanation for their ultimate decision involving the appeal.

Section 3. Judicial Review

If a requester or a public body disputes the FOIC’s decision, they may seek judicial review in the SimDem Judiciary.