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Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to investigations and government operations
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2065
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
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 provisions
Adds a new paragraph (d) 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 abandons 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.
Existing law
Adds a new paragraph to Article 6, Subdivision 4 of
Section 89 of the Public Officers Law
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.
Legislative history
2009-10 A.6484 (Latimer) Referred to Governmental Operations in the N.Y.S. Assembly, 2011-12: A68 (Latimer) Passed Assembly 2011-12 S6731 (Bonacic) REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS in the N.Y.S. Senate
Fiscal implications
None
Local 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.