What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
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
Senator · Senate District 61
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.678
- Referred to investigations and government operations
- 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 David Buchwald
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5673
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 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.
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 individual's 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
2012: A.68/S.6731 (Latimer/Bonacic) - Passed Assembly; Senate Investigations - 2011: A.68 (Latimer) - Passed Assembly, 2010: A.6484-A (Latimer) - Passed Assembly, 2010: A.6484 (Latimer) - Passed Assembly
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.