What's happening
This bill allows people denied access to records under the Freedom of Information Law to appeal to the attorney general for review.
Why it matters
Creates an independent review process. By introducing the attorney general as an external reviewer of FOIL denials, the bill offers an additional, impartial avenue for challenging agency decisions, which could increase accountability and trust in government transparency.
Strengthens enforcement of public records access. If the attorney general finds an appeal “meritorious,” the agency is ordered to release the records, and agencies must comply unless they take prompt legal action, giving real teeth to FOIL enforcement.
Reduces legal and financial barriers for requesters. Allowing appeals to the attorney general provides a potentially faster and less costly alternative to filing a lawsuit, making public records more accessible to individuals and journalists who lack resources for lengthy court battles.
Potentially streamlines dispute resolution. By setting clear timelines and procedures for both agencies and the attorney general, the bill may help resolve disputes more efficiently, reducing delays caused by litigation and ambiguous processes.
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Who cares
FOIL requesters denied access after an agency appeal
They could seek attorney general review within thirty days without making that step a prerequisite to going to court.
New York State attorney general’s office
The office would have twenty business days to decide appeals and would order disclosure when it finds an appeal meritorious.
Agencies denying records requests
They could be ordered to release records and would need to notify the attorney general and requester before challenging that order in court.
Committee on Open Government
The committee would receive copies of appeals to the attorney general and ensuing determinations forwarded by agencies.
Headline styles
Let AG Review FOIL Denials
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5743
2019-2020 Regular Sessions
IN SENATE
May 14, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law and the executive law, in relation to providing for the review by the attorney general of requests denied under the Freedom of Information Law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 4 of section 89 of the public officers law, as amended by chapter 22 of the laws of 2005, is amended and a new paragraph (a-1) is added to read as follows:
(a) Except as provided in subdivision five of this section, any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought. In addition, each agency shall immediately forward to the committee on open government a copy of such appeal when received by the agency and the ensuing determination thereon. Failure by an agency to conform to the provisions of subdivision three of this section shall constitute a denial. Upon receipt of a copy of an appeal under paragraph (a-1) of this subdivision, each agency shall immediately forward to the committee on open government a copy of such appeal when received by the agency and the ensuing determination thereon.
(a-1) Except as provided in subdivision five of this section, a person denied access to a record pursuant to paragraph (a) of this subdivision may within thirty days appeal in writing such denial to the attorney general, who shall within twenty business days of the receipt of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08588-01-9
S. 5743 2
appeal, adjudge such appeal meritorious or non-meritorious. Copies of such determination shall be promptly forwarded by certified mail, return receipt requested, to the person requesting the record and the agency making further denial thereof. Such determination shall state the outcome of the appeal and shall briefly explain the reasons therefor.
(1) If an appeal is determined to be non-meritorious, the person requesting the record may proceed pursuant to paragraph (b) of this subdivision. Proceeding pursuant to the provisions of this paragraph shall not be deemed a necessary condition precedent for proceeding pursuant to paragraph (b) of this subdivision.
(2) If an appeal is determined to be meritorious, the attorney general shall order the agency to provide access to the record sought. An agency aggrieved by such an order may bring a proceeding for review of such denial pursuant to article seventy-eight of the civil practice law and rules; provided that no such proceeding pursuant to article seventyeight of the civil practice law and rules may be brought unless such agency shall have notified the attorney general and the person requesting the record of its intent to institute such a proceeding, in the manner prescribed for the service of a summons, within twenty business days of the mailing of the determination by the attorney general. The court may extend this period for an additional twenty business days for good cause shown.
§ 2. The executive law is amended by adding a new section 63-e to read as follows:
§ 63-e. Adjudication by attorney general of appeals for the denial of access to a record under the Freedom of Information Law. The attorney general shall review appeals for the denial of access to a record under the Freedom of Information Law pursuant to paragraph (a-1) of subdivision four of section eighty-nine of the public officers law. The attorney general shall prescribe such rules of procedure and forms as may be deemed necessary or convenient to the execution of the provisions of this section.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before 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 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 paragraph to Subdivision 4 of section 89 of the public offi- cers 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 Informa- tion 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.
Legislative history
2017-18: S.4585 - Investigations and Govt. Ops. 2015-16: S.2678 - Investigations and Govt. Ops. 2013-14: 5.3423 - Investigations and Govt. Ops. 2012-13: 5.914 - Investigations and Govt. Ops.
Fiscal implications
Not known.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.