NY State Senate Bill S4685A

Archive: Last Bill Status - Signed by Governor

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 20, 2019	signed chap.707
Dec 17, 2019	delivered to governor
Jun 03, 2019	returned to senate passed assembly ordered to third reading cal.470 substituted for a414a
May 07, 2019	referred to governmental operations delivered to assembly passed senate
Apr 29, 2019	advanced to third reading amended 4685a
Apr 10, 2019	2nd report cal.
Apr 09, 2019	1st report cal.412
Mar 20, 2019	referred to investigations and government operations

Votes

view votes

May 7, 2019 - floor Vote

S4685A

floor

Aye

Nay

Absent

Excused

Abstained

Apr 9, 2019 - Investigations and Government Operations committee Vote

S4685

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S4685 - Details

See Assembly Version of this Bill:: A414
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2017-2018 Legislative Session:: A2879

S4685 - Summary

Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.

S4685 - Sponsor Memo

 
BILL NUMBER: S4685

SPONSOR: SKOUFIS
 
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:

None. A similar bill (A2879) passed the Assembly in 2018.

 
FISCAL IMPLICATIONS:

None.

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

S4685 - Bill Text download pdf


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

                                  4685

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 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 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 ASSEM-
BLY, 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
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10500-01-9

S. 4685                             2

  (C)  SHALL  BE DEEMED ABANDONED WHEN THE PARTY REQUESTING AN EXCLUSION
FROM DISCLOSURE FAILS TO SERVE  AND  FILE  A  RECORD  AND  BRIEF  WITHIN
FORTY-FIVE  DAYS  AFTER THE DATE OF THE NOTICE OF APPEAL, UNLESS CONSENT
OF FURTHER EXTENSION IS GIVEN BY ALL PARTIES, OR UNLESS  FURTHER  EXTEN-
SION  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 eighty-
four-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 condi-
tions 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.

S4685A (ACTIVE) - Details

See Assembly Version of this Bill:: A414
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2017-2018 Legislative Session:: A2879

S4685A (ACTIVE) - Summary

Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.

S4685A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4685A

SPONSOR: SKOUFIS
 
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.

S4685A (ACTIVE) - Bill Text download pdf


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

                                 4685--A
    Cal. No. 412

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 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 -- 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  ASSEM-
BLY, 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 GRANT-
ED 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  eighty-
four-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  condi-
tions 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S4685A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 7, 2019 - floor Vote

Floor Vote: May 7, 2019

Apr 9, 2019 - Investigations and Government Operations committee Vote

Committee Vote: Apr 9, 2019

Bill Amendments

S4685 - Details

S4685 - Summary

S4685 - Sponsor Memo

S4685 - Bill Text download pdf

S4685A (ACTIVE) - Details

S4685A (ACTIVE) - Summary

S4685A (ACTIVE) - Sponsor Memo

S4685A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4685A

Share this bill

Sponsored By

James Skoufis

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 7, 2019 - floor Vote

Floor Vote: May 7, 2019

Apr 9, 2019 - Investigations and Government Operations committee Vote

Committee Vote: Apr 9, 2019

Bill Amendments

S4685 - Details

S4685 - Summary

S4685 - Sponsor Memo

S4685 - Bill Text download pdf

S4685A (ACTIVE) - Details

S4685A (ACTIVE) - Summary

S4685A (ACTIVE) - Sponsor Memo

S4685A (ACTIVE) - Bill Text download pdf

Comments