senate Bill S5673

2013-2014 Legislative Session

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.678
Jan 08, 2014 referred to investigations and government operations
Jun 03, 2013 referred to investigations and government operations

Votes

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May 13, 2014 - Investigations and Government Operations committee Vote

S5673
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 13, 2014

Co-Sponsors

S5673 - Bill Details

See Assembly Version of this Bill:
A5306B
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L

S5673 - Bill Texts

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Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

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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

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5673

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 3, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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, in relation to limiting the
  amount of time to appeal certain judgments regarding freedom of infor-
  mation violations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 4 of section 89 of the public officers law is
amended by adding a new paragraph (d) to read as follows:
  (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
IN ACCORDANCE WITH LAW, AND MUST  BE  FILED  WITHIN  THIRTY  DAYS  AFTER
SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
APPEALED  FROM  AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM AN
ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY  OR  ALL  RECORDS  SOUGHT
SHALL  BE  GIVEN  PREFERENCE,  SHALL  BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT  UPON  APPLICA-
TION  OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN
AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN  SIXTY  DAYS
AFTER  THE  DATE  OF THE NOTICE OF APPEAL. FAILURE BY AN AGENCY TO SERVE
AND FILE A RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE
DISMISSAL OF THE APPEAL.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11318-01-3

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