S05743 Summary:

BILL NOS05743
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Amd 89, Pub Off L; add 63-e, Exec L
 
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.
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S05743 Actions:

BILL NOS05743
 
05/14/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S05743 Committee Votes:

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S05743 Floor Votes:

There are no votes for this bill in this legislative session.
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S05743 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5743
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section  1. Paragraph (a) of subdivision 4 of section 89 of the public
     2  officers law, as amended by chapter 22 of the laws of 2005,  is  amended
     3  and a new paragraph (a-1) is added to read as follows:
     4    (a) Except as provided in subdivision five of this section, any person
     5  denied  access to a record may within thirty days appeal in writing such
     6  denial to the head, chief executive or governing body of the entity,  or
     7  the person therefor designated by such head, chief executive, or govern-
     8  ing  body,  who  shall  within  ten business days of the receipt of such
     9  appeal fully explain in writing to the person requesting the record  the
    10  reasons  for  further denial, or provide access to the record sought. In
    11  addition, each agency shall immediately forward to the committee on open
    12  government a copy of such appeal when received by  the  agency  and  the
    13  ensuing  determination  thereon.  Failure by an agency to conform to the
    14  provisions of subdivision three  of  this  section  shall  constitute  a
    15  denial.
    16   Upon  receipt  of  a  copy  of  an appeal under paragraph (a-1) of this
    17  subdivision, each agency shall immediately forward to the  committee  on
    18  open  government  a  copy of such appeal when received by the agency and
    19  the ensuing determination thereon.
    20    (a-1) Except as provided in subdivision five of this section, a person
    21  denied access to a record pursuant to paragraph (a) of this  subdivision
    22  may  within  thirty  days  appeal in writing such denial to the attorney
    23  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
 
     1  appeal,  adjudge  such  appeal meritorious or non-meritorious. Copies of
     2  such determination shall be promptly forwarded by certified mail, return
     3  receipt requested, to the person requesting the record  and  the  agency
     4  making  further  denial  thereof.  Such  determination  shall  state the
     5  outcome of the appeal and shall briefly explain the reasons therefor.
     6    (1) If an appeal is  determined  to  be  non-meritorious,  the  person
     7  requesting  the  record  may  proceed  pursuant to paragraph (b) of this
     8  subdivision. Proceeding pursuant to the  provisions  of  this  paragraph
     9  shall  not  be  deemed  a  necessary  condition precedent for proceeding
    10  pursuant to paragraph (b) of this subdivision.
    11    (2) If an appeal is determined to be meritorious, the attorney general
    12  shall order the agency to provide access to the record sought. An agency
    13  aggrieved by such an order may bring a proceeding  for  review  of  such
    14  denial  pursuant  to article seventy-eight of the civil practice law and
    15  rules; provided that no such proceeding  pursuant  to  article  seventy-
    16  eight  of  the  civil  practice law and rules may be brought unless such
    17  agency shall have notified the attorney general and the person  request-
    18  ing  the  record  of  its  intent to institute such a proceeding, in the
    19  manner prescribed for the service of a summons, within  twenty  business
    20  days  of  the  mailing of the determination by the attorney general. The
    21  court may extend this period for an additional twenty business days  for
    22  good cause shown.
    23    § 2. The executive law is amended by adding a new section 63-e to read
    24  as follows:
    25    §  63-e. Adjudication by attorney general of appeals for the denial of
    26  access to a record under the Freedom of Information  Law.  The  attorney
    27  general  shall review appeals for the denial of access to a record under
    28  the Freedom of Information Law pursuant to paragraph (a-1)  of  subdivi-
    29  sion four of section eighty-nine of the public officers law.  The attor-
    30  ney  general shall prescribe such rules of procedure and forms as may be
    31  deemed necessary or convenient to the execution  of  the  provisions  of
    32  this section.
    33    § 3. This act shall take effect on the one hundred twentieth day after
    34  it  shall  have become a law. Effective immediately the addition, amend-
    35  ment and/or repeal of any rule or regulation necessary for the implemen-
    36  tation of this act on its effective date are authorized to be  made  and
    37  completed on or before such date.
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