NY State Senate Bill 2015-S6865A

Senate Bill S6865A

Signed By Governor

2015-2016 Legislative Session

Limits the amount of time to appeal certain judgments regarding freedom of information violations

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.487
Nov 16, 2016	delivered to governor
Jun 16, 2016	returned to senate passed assembly ordered to third reading rules cal.449 substituted for a9711a
Jun 15, 2016	referred to codes delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1568 committee discharged and committed to rules
May 13, 2016	print number 6865a
May 13, 2016	amend (t) and recommit to investigations and government operations
Mar 02, 2016	referred to investigations and government operations

Votes

- Jun 15, 2016 - Floor Vote
  S6865A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 8, 2016 - Rules Committee Vote
  S6865A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Espaillat

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S6865 - Details

See Assembly Version of this Bill:: A9711
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L; amd R5521, CPLR

2015-S6865 - Summary

Limits the amount of time to appeal certain judgments regarding freedom of information violations.

2015-S6865 - Sponsor Memo

                                 BILL NUMBER:  S6865

 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 rendered a FOIL
decision, thereby insuring timely appellate review and conclusion to
the issue.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 - Adds a new paragraph (d) to Subdivision 4 of Section 89 of
the Public Officers Law, (1) defining "party" for the purposes of this
paragraph as the petitioner, all public entities, including the
Legislature, except for the Judiciary; (2) requiring an appeal to be
filed in accordance with law within 30 days after a court judgment on
a FOIL lawsuit; (3)providing that such appeals will be given a
preference; (4) providing for an expedited process for review and; (5)
providing that a request for appeal will be deemed abandoned if the
appealing party fails to perfect the appeal within sixty days after
the date of notice of appeal, subject to agreement of the parties, or
court extension for cause of up to an additional thirty days.

Section 2: The act shall take effect one hundred eighty days after it
shall have become law.

 JUSTIFICATION :

This bill creates an expedited process for determining appeals of FOIL
decisions. It covers all governmental entities except the Judiciary.
Under the present law, a denial of request for records may be
overturned by a court, but the appealing party may file a notice of
appeal and have up to 9 months to perfect the appeal. This delay may
create an unfairness or a restriction of rights for the other party
involved. In addition, delay in determination of disclosure, through a
dilatory process of appeal, may make moot a petitioner's FOIL request
and functionally deny the timely access to documents needed. Finally,
a speedier resolution reduces court costs borne by all parties.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The act shall take effect one hundred eighty days after it shall have
become law.

2015-S6865 - Bill Text download pdf

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

                                  6865

                            I N  S E N A T E

                              March 2, 2016
                               ___________

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) (I) FOR THE PURPOSES OF THIS  PARAGRAPH,  "PARTY"  MEANS  (A)  ANY
PETITIONER  REQUESTING INFORMATION UNDER THIS ARTICLE OR ANY OTHER SIMI-
LAR LEGISLATIVE RULE OR REGULATION,  AND  (B)  ANY  STATE  OR  MUNICIPAL
DEPARTMENT,  BOARD,  BUREAU,  DIVISION,  COMMISSION,  COMMITTEE,  PUBLIC
AUTHORITY, PUBLIC CORPORATION, COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL
ENTITY  PERFORMING  A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE
OR ANY ONE OR MORE MUNICIPALITIES THEREOF, EXCEPT THE JUDICIARY.
  (II) 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.
  (III) AN APPEAL TAKEN FROM AN ORDER OF THE COURT:
  (A) SHALL BE GIVEN PREFERENCE;
  (B) SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND  CONDITIONS  AS
THE  PRESIDING  JUSTICE  MAY DIRECT UPON APPLICATION OF ANY PARTY TO THE
PROCEEDING; AND
  (C) SHALL BE DEEMED ABANDONED IF THE APPELLANT FAILS TO SERVE AND FILE
A RECORD AND BRIEF WITHIN SIXTY DAYS AFTER THE DATE  OF  THE  NOTICE  OF
APPEAL,  UNLESS  CONSENT TO FURTHER EXTENSION IS GIVEN BY ALL PARTIES OR
FURTHER EXTENSION IS GRANTED BY THE COURT, NOT TO  EXCEED  THIRTY  DAYS,
FOR  CAUSE  WHERE  A  PARTY  ESTABLISHES  THAT  THE MATTERS INVOLVED ARE
EXTREMELY COMPLEX OR INVOLVE EXTRAORDINARY CIRCUMSTANCES OUTSIDE OF  THE
PARTY'S CONTROL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14313-01-6

S. 6865                             2

  (IV)  FAILURE  BY  A PARTY 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 on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

2015-S6865A (ACTIVE) - Details

See Assembly Version of this Bill:: A9711
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L; amd R5521, CPLR

2015-S6865A (ACTIVE) - Summary

Limits the amount of time to appeal certain judgments regarding freedom of information violations.

2015-S6865A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6865A

 TITLE OF BILL :  An act to amend the public officers law and the
civil practice law and rules, 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 rendered a FOIL
decision, thereby insuring timely appellate review and conclusion to
the issue.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 - adds a new paragraph (d) to Subdivision 4 of Section 89 of
the Public Officers Law, (1) requiring an appeal to be filed in
accordance with CPLR 5513; providing that such appeals will be given a
preference; and; (2) providing that a request for appeal will be
deemed abandoned if the appealing party fails to perfect the appeal
within sixty days after the date of notice of appeal, subject to
agreement of the parties, or court extension for cause.

Section 2 - amends rule 5521 of the CPLR section (b) to refer to new
paragraph (d) of subdivision 4 of section 89 of the Public Officers
Law.

Section 3: The act shall take effect one hundred eighty days after it
shall have become law.

 JUSTIFICATION :

This bill creates an expedited process for determining appeals of FOIL
decisions. It covers all governmental entities except the Judiciary.
Under the present law, a denial of request for records may be
overturned by a court, but the appealing party may file a notice of
appeal and have up to 9 months to perfect the appeal. This delay may
create an unfairness or a restriction of rights for the other party
involved. In addition, delay in determination of disclosure, through a
dilatory process of appeal, may make moot a petitioner's FOIL request
and functionally deny the timely access to documents needed. Finally,
a speedier resolution reduces court costs borne by all parties.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S6865A (ACTIVE) - Bill Text download pdf

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

                                 6865--A

                            I N  S E N A T E

                              March 2, 2016
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO, GALLIVAN, LITTLE, SERINO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public officers law and the civil practice  law  and
  rules,  in  relation  to limiting the amount of time to appeal certain
  judgments regarding freedom of information 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) (I) 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.
  (II) AN APPEAL FROM AN AGENCY TAKEN FROM AN ORDER OF THE COURT REQUIR-
ING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT:
  (A) SHALL BE GIVEN PREFERENCE;
  (B) SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND  CONDITIONS  AS
THE  PRESIDING  JUSTICE MAY DIRECT, UPON APPLICATION OF ANY PARTY TO THE
PROCEEDING; AND
  (C) SHALL BE DEEMED ABANDONED IF THE AGENCY FAILS TO SERVE AND FILE  A
RECORD  AND  BRIEF  WITHIN SIXTY DAYS AFTER THE DATE OF SERVICE UPON THE
PETITIONER OF THE NOTICE OF APPEAL, UNLESS CONSENT TO 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.
  S 2. Rule 5521 of the civil practice law  and  rules,  as  amended  by
chapter  582  of the laws of 1991, subdivision (b) as amended by section
65 of part A of chapter 3 of the laws of 2005, is  amended  to  read  as
follows:
  Rule  5521.  Preferences.  (a) Preferences in the hearing of an appeal
may be granted in the discretion of the court to  which  the  appeal  is
taken.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14313-03-6

S. 6865--A                          2

  (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  eighty-
four-b  of  the  social  services  law, AND PURSUANT TO PARAGRAPH (D) OF
SUBDIVISION FOUR 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.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S6865A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2015-S6865 - Details

2015-S6865 - Summary

2015-S6865 - Sponsor Memo

2015-S6865 - Bill Text download pdf

co-Sponsors

2015-S6865A (ACTIVE) - Details

2015-S6865A (ACTIVE) - Summary

2015-S6865A (ACTIVE) - Sponsor Memo

2015-S6865A (ACTIVE) - Bill Text download pdf

Comments