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S2065Senate2013-2014 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 LatimerSD-37Affects Legal
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
George Latimer

Senator · Senate District 37

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. 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.