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A6484Assembly2009-2010 Session

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws

Sponsor George LatimerAD-91+13 co-sponsorsAffects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Senate · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
George Latimer

Assembly Member · Assembly District 91

History

  1. Recommitted to investigations and government operations
  2. Substitution reconsidered
  3. 3rd reading cal.214
  4. Substituted for S6134A
  5. Referred to investigations and government operations
  6. Delivered to senate
  7. Passed assembly
  8. Amended on third reading 6484a
  9. Ordered to third reading cal.442
  10. Returned to assembly
  11. Died in senate
  12. Referred to investigations and government operations
Show 5 earlier actions
  1. Delivered to senate
  2. Passed assembly
  3. Advanced to third reading cal.252
  4. Reported
  5. Referred to governmental operations

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A6484A

Title of bill

An act to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding free- dom of information violations

Purpose or general idea of bill

To expedite the appeals process when a trial court has found in favor of a FOIL request action, thereby insur- ing timely appellate review and conclusion to the issue.

Summary of specific provisions

Adds a new paragraph (a) to Subdivision 4 of Section 89 of the public officers law, requiring an appeal to be filed within 30 days after a court judgment on a FOIL lawsuit, and aban- dons the request to appeal when an agency fails to serve and file a brief within two months after the date of the notice of appeal.

Section 2: Authorizes an immediate effective date.

Justification

The bill creates an expedited process for determining appeals of FOIL decisions. Under the present law, a denial of request for records may be overturned by a court, but the agency may file a notice of appeal and have up to 9 months to perfect the appeal. This delay, in some circumstances, may create an unfairness or a restriction of rights to an individual; the delaying of disclosure, through the normal process of appeal, may make moot the individuals FOIL request and functionally deny them the timely access to documents needed.

In addition, a speedier resolution reduces court costs borne by all parties.

Prior legislative history

None, new legislation

Fiscal implications

None

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.