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Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws
In Senate Committee · Investigations And Government Operations · Sponsor George Latimer
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.