NY State Senate Bill 2019-S5743

Senate Bill S5743

2019-2020 Legislative Session

Provides for the optional review by the attorney general of requests denied under the Freedom of Information Law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
May 14, 2019	referred to investigations and government operations

2019-S5743 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L; add §63-e, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S914
2013-2014: S3423
2015-2016: S2678
2017-2018: S4585

2019-S5743 (ACTIVE) - Summary

Provides for the optional review by the attorney general of requests denied under the Freedom of Information Law; provides that if the attorney general denies the appeal, the requester may proceed under CPLR article 78; and if the attorney general grants the appeal, the attorney general shall order the agency to make the record available; an agency aggrieved by such an order may proceed under CPLR article 78.

2019-S5743 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5743

SPONSOR: SKOUFIS
 
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.

2019-S5743 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5743
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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  ASSEM-
 BLY, 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 govern-
 ing  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  SEVENTY-
 EIGHT  OF  THE  CIVIL  PRACTICE LAW AND RULES MAY BE BROUGHT UNLESS SUCH
 AGENCY SHALL HAVE NOTIFIED THE ATTORNEY GENERAL AND THE PERSON  REQUEST-
 ING  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  SUBDIVI-
 SION FOUR OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW.  THE ATTOR-
 NEY  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, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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