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A00524 Summary:

BILL NOA00524
 
SAME ASNo Same As
 
SPONSORSteck
 
COSPNSR
 
MLTSPNSR
 
Amd §89, Pub Off L
 
Provides that FOIL appeals are to be heard by the committee on open government.
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A00524 Actions:

BILL NOA00524
 
01/08/2025referred to governmental operations
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A00524 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A524
 
SPONSOR: Steck
  TITLE OF BILL: An act to amend the public officers law, in relation to the hearing of FOIL appeals by the committee on open government   PURPOSE OR GENERAL IDEA OF BILL: To ensure that all appeals of the Freedom of Information Act are not reviewed by the same agency that denied the appeal.   SUMMARY OF PROVISIONS: Section 1. Subdivision 4 of section 89 of the public officers law, as 2 amended by chapter 22 of the laws of 2005, paragraph (c) as amended by 3 chapter 453 of the laws of 2017 and paragraph (d) as added by chapter 4 487 of the laws of 2016, is amended to read as follows: (a) agency is replaced with committee on open government. (b) agency is replaced with committee on open government. (c) agency is replaced with committee on open government. (d) agency is replaced with committee on open government. (ii) agency is replaced with committee on open government. (C) agency is replaced with committee on open government. Section 2(1) Adds under paragraph (d) of subdivision two of section eighty-seven of this article. Where the request itself contains informa- tion which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure. Section 3(1) removes agency with the head of the agency, the chief exec- utive officer 22 or governing body or their designated representatives and is replaced with committee on open government. Section 4: Effective Date.   JUSTIFICATION: Appeals of freedom of information law FOIL requests to state and local governments are currently under the auspices of the very same agency that denied the initial request.. The same agency cannot be the arbiter of these matters. Constituents throughout our state complain that FOIL requests are routinely denied; having to appeal to the same entity that denied the request only ensures that the appeal will also be denied. The next available step is the FOIL requester must appeal to the court system which involves hiring a lawyer, an expensive proposition. Mean- while, valuable time is lost. Attorneys' fees may be recoverable, but that is a small consolation for a two year or greater process and attorneys may require payment up front because the outcome of litigation is uncertain. Many of these FOIL requests are made by those simply seeking transparency in government, whether they be New York State residents asking for budget information, members of our free press, or those simply seeking to ensure our agen- cies and the executive branch are upholding their obligations. Therefore, this legislation seeks to change the arbiter of these appeals to an independent agency to ensure the process is one that is trusted, fair and transparent.   LEGISLATIVE HISTORY: 2021: A4683 referred to   FISCAL IMPLICATIONS: Fiscal note required   EFFECTIVE DATE: Immediately
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A00524 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           524
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the public officers law, in relation to the  hearing  of
          FOIL appeals by the committee on open government

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 89 of the public officers law,  as
     2  amended  by  chapter 22 of the laws of 2005, paragraph (c) as amended by
     3  chapter 453 of the laws of 2017 and paragraph (d) as  added  by  chapter
     4  487 of the laws of 2016, is amended to read as follows:
     5    4.  (a)  Except  as  provided in subdivision five of this section, any
     6  person denied access to a record may within thirty days appeal in  writ-
     7  ing  such  denial to the [head, chief executive or governing body of the
     8  entity, or the person therefor designated by such head, chief executive,
     9  or governing body,] committee on open government who  shall  within  ten
    10  business  days of the receipt of such appeal fully explain in writing to
    11  the person requesting the record the  reasons  for  further  denial,  or
    12  provide  access  to  the  record sought. [In addition, each agency shall
    13  immediately forward to the committee on open government a copy  of  such
    14  appeal  when received by the agency and the ensuing determination there-
    15  on. Failure by an agency to conform to  the  provisions  of  subdivision
    16  three of this section shall constitute a denial.]
    17    (b)  Except  as provided in subdivision five of this section, a person
    18  denied  access  to  a  record  in  an  appeal  determination  under  the
    19  provisions  of  paragraph (a) of this subdivision may bring a proceeding
    20  for review of such denial pursuant to article seventy-eight of the civil
    21  practice law and rules. In the event that access to any record is denied
    22  pursuant to the provisions of subdivision two of section eighty-seven of
    23  this article, the [agency involved] committee on open  government  shall
    24  have  the burden of proving that such record falls within the provisions
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01094-01-5

        A. 524                              2
 
     1  of such subdivision two. Failure by [an agency] the  committee  on  open
     2  government  to conform to the provisions of paragraph (a) of this subdi-
     3  vision shall constitute a denial.
     4    (c) The court in such a proceeding: (i) may assess, against such agen-
     5  cy  involved,  reasonable  attorney's  fees  and  other litigation costs
     6  reasonably incurred by such person in any case under the  provisions  of
     7  this  section in which such person has substantially prevailed, and when
     8  the agency failed to respond to a  request  or  the  committee  on  open
     9  government failed to respond to an appeal within the statutory time; and
    10  (ii)  shall  assess, against such agency involved, reasonable attorney's
    11  fees and other litigation costs reasonably incurred by  such  person  in
    12  any  case  under the provisions of this section in which such person has
    13  substantially prevailed and the court  finds  that  the  agency  had  no
    14  reasonable basis for denying access.
    15    (d)  (i) Appeal to the appellate division of the supreme court must be
    16  made in accordance with subdivision (a) of  section  fifty-five  hundred
    17  thirteen of the civil practice law and rules.
    18    (ii) An appeal from [an agency] the committee on open government taken
    19  from  an  order  of the court requiring disclosure of any or all records
    20  sought:
    21    (A) shall be given preference;
    22    (B) shall be brought on for argument on such terms and  conditions  as
    23  the  presiding  justice may direct, upon application of any party to the
    24  proceeding; and
    25    (C) shall be deemed  abandoned  if  the  [agency]  committee  on  open
    26  government  fails to serve and file a record and brief within sixty days
    27  after the date of service upon the petitioner of the notice  of  appeal,
    28  unless  consent  to further extension is given by all parties, or unless
    29  further extension is granted by the court upon such terms as may be just
    30  and upon good cause shown.
    31    § 2. Subparagraph 1 of paragraph (a) of subdivision 5 of section 89 of
    32  the public officers law, as amended by chapter 403 of the laws of  2003,
    33  is amended to read as follows:
    34    (1)  A  person acting pursuant to law or regulation who, subsequent to
    35  the effective date of this subdivision, submits any information  to  any
    36  state  agency  may,  at  the time of submission, request that the agency
    37  except such information from disclosure under paragraph (d) of  subdivi-
    38  sion  two  of  section  eighty-seven  of this article. Where the request
    39  itself contains information which if disclosed would defeat the  purpose
    40  for  which  the  exception  is  sought,  such  information shall also be
    41  excepted from disclosure under  paragraph  (d)  of  subdivision  two  of
    42  section  eighty-seven of this article. Where the request itself contains
    43  information which if disclosed would defeat the purpose  for  which  the
    44  exception  is  sought,  such  information  shall  also  be excepted from
    45  disclosure.
    46    § 3. Subparagraph 1 of paragraph (c) of subdivision 5 of section 89 of
    47  the public officers law, as added by chapter 890 of the laws of 1981, is
    48  amended to read as follows:
    49    (1) Within seven business days of receipt of  written  notice  denying
    50  the request, the person may file a written appeal from the determination
    51  of  the [agency with the head of the agency, the chief executive officer
    52  or governing body or their designated representatives] committee on open
    53  government.
    54    § 4. This act shall take effect immediately.
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