Skip to content
S6731Senate2011-2012 SessionSame asA68

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

Sponsor John J. BonacicSD-42Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
John J. Bonacic

Senator · Senate District 42

Chair, JudiciaryChair, Racing, Gaming And Wagering

No co-sponsors yet.

History

  1. Referred to investigations and government operations

Companion bill

Full text

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

Sponsor's memo

BILL NUMBER:S6731

Title of bill

An act to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding freedom 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 insuring 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 tiled within 30 days after a court judgement on a FOIL lawsuit, and abandons the request to appeal when an agency fails to serve and tile 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 tile 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

2009-10: A.6484 (Latimer) Referred to Governmental Operations

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.