What's happening
This bill gives preference and sets expedited timelines for court proceedings and appeals regarding denials of exceptions from disclosure under public officers law.
Why it matters
Accelerates court decisions. By requiring expedited timelines (argument within 45 days) for cases where someone is challenging a denial of an exception to public records disclosure, the bill aims to ensure that disputes over public access to information are resolved much more quickly than before.
Increases accountability for parties seeking secrecy. The bill sets strict deadlines (60 days to file records/briefs on appeal or risk abandonment) for those trying to keep records confidential, making it harder for parties to use legal delays to prevent or postpone disclosure.
Creates uniformity and clarity. By specifically referencing and updating both the Public Officers Law and Civil Practice Law, the bill removes ambiguity about how and when appeals should be handled in these cases, which may reduce procedural confusion and inconsistent court practices.
Strengthens the right to know. Quicker resolution of disputes over public records denials may deter agencies or individuals from unjustifiably withholding information, thereby reinforcing public transparency and increasing government accountability.
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Who cares
Headline styles
Speed Up FOIL Appeals
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Signed chap.707
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.470
- Substituted for A414A
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 44–17
- Advanced to third reading
- Amended 4685a
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.412
- 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.
Speed Up FOIL Appeal Process
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4685--A Cal. No. 412
2019-2020 Regular Sessions
IN SENATE
March 20, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading
AN ACT to amend the public officers law and the civil practice law and rules, in relation to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 5 of section 89 of the public officers law, as amended by chapter 339 of the laws of 2004, is amended to read as follows:
(d) (i) A proceeding to review an adverse determination pursuant to paragraph (c) of this subdivision may be commenced pursuant to article seventy-eight of the civil practice law and rules. Such proceeding, when brought by a person seeking an exception from disclosure pursuant to this subdivision, must be commenced within fifteen days of the service of the written notice containing the adverse determination provided for in subparagraph two of paragraph (c) of this subdivision. The proceeding shall be given preference and shall be brought on for argument on such terms and conditions as the presiding justice may direct, not to exceed forty-five days.
(ii) Appeal to the appellate division of the supreme court must be made in accordance with subdivision (a) of section fifty-five hundred thirteen of the civil practice law and rules.
(iii) An appeal taken from an order of the court requiring disclosure:
(A) shall be given preference; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10500-03-9
S. 4685--A 2
(B) shall be brought on for argument on such terms and conditions as the presiding justice may direct, upon application by any party to the proceeding; and
(C) shall be deemed abandoned when the party requesting an exclusion from disclosure fails to serve and file a record and brief within sixty days after the date of the notice of appeal, unless consent of further extension is given by all parties, or unless further extension is granted by the court upon such terms as may be just and upon good cause shown.
§ 2. Subdivision (b) of rule 5521 of the civil practice law and rules, as amended by chapter 487 of the laws of 2016, is amended to read as follows:
(b) Consistent with the provisions of section one thousand one hundred twelve of the family court act, appeals from orders, judgments or decrees in proceedings brought pursuant to articles three, seven, ten and ten-A and parts one and two of article six of the family court act, and pursuant to sections three hundred fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four, and three hundred eightyfour-b of the social services law, and pursuant to paragraph (d) of subdivision four and subparagraph (ii) of paragraph (d) of subdivision five of section eighty-nine of the public officers law, shall be given preference and may be brought on for argument on such terms and conditions as the court may direct without the necessity of a motion.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to appeals for which notice of appeal was filed on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law and the civil practice law and rules, in relation to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure
Purpose
To require that a proceeding to stop disclosure of a record be given preference by the courts and heard in an expedited manner
Summary of provisions
Sections 1-2: Amends subdivision 5 of section 89 of the public officers law to provide that a proceeding commenced to review an adverse determi- nation pursuant to this section shall be given preference and shall be brought on for argument within 45 days.
This section also provides that an appeal to the appellate division of the supreme court must be made in accordance with subdivision (a) of section 5513 of the civil practice law and rules. An appeal taken from an order of the court requiring disclosure shall be given preference and shall be brought on for argument on such terms and conditions as the presiding justice may direct. This action shall be deemed abandoned when the party requesting an exclusion from disclosure fails to serve and file a record and brief within 45 days after the date of the notice of appeal, unless consent of further extension is given by all parties, or unless further extension is granted by the court upon such terms as may be just and upon good cause shown.
Section 3: Effective date.
Justification
Under current Freedom of Information Law, a person or entity may initi- ate a judicial proceeding to prevent the government from disclosing records to the public if such disclosures would cause substantial injury to the competitive position of a commercial enterprise. The government is then required to expend time and money to defend its position that the record should be disclosed, a cost which is passed along to taxpay- ers.
Unlike proceedings initiated by individuals who have been denied access to requested records, this is a situation in which a person or entity is seeking to block records from being released when the agency believes the records must be disclosed. Often, commercial enterprises initiate these proceedings to cause delays and prevent the release of records that could affect a business deal or other action. Ensuring that these proceedings are brought on for argument in an expedited manner will prevent the use of these challenges as a delay tactic.
Legislative history
Assembly A.9479 of 2017-18
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to appeals for which not ice of appeal was filed on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.