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S3423Senate2013-2014 Session

Provides for the optional review by the attorney general of requests denied under the Freedom of Information Law

Sponsor Liz KruegerSD-28Affects 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

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Who cares

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Sponsors

Primary sponsor
Liz Krueger

Senator · Senate District 28

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Full text

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

Sponsor's memo

BILL NUMBER:S3423

Title of bill

An act to amend the public officers law and the execu- tive law, in relation to providing for the review by the attorney gener- al of requests denied under the Freedom of Information Law

Purpose or general idea of bill

To allow citizens who were denied access to information under FOIL to seek redress with the attorney general.

Summary of specific provisions

Adds a new section to Subdivision 4 of section 89 of the public officers law by establishing a new construct.

* Allows citizens that were denied a request for information under FOIL to appeal within 30 days to the attorney general's office.

* After such appeal is made, the attorney general has 20 days to deter- mine whether the appeal is meritorious or non-meritorious and summarize the findings.

* If the request is considered non-meritorious, the person requesting may proceed by commencing a civil action in court.

* If the appeal is considered meritorious, the attorney general may order the agency to provide the records sought.

Justification

Currently, those denied access to records under the Freedom of Information Law must commence an action in court to appeal the decision by the government agency. This particular method of appeal dissuades many from advancing legitimate claims. In an effort to ensure greater compliance with the law, allowing the attorney general the power to review claims will allow more access to public records. Justice Brandeis's oft quoted statement, "Sunlight is the best disinfectant," remains a powerful reminder that citizens deserve full access to their government. This bill would empower more citizens.

Fiscal implications

Not known.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that the department of law is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such a date.

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