NY State Senate Bill 2017-S4585

Senate Bill S4585

2017-2018 Legislative Session

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

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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 03, 2018	referred to investigations and government operations
Feb 21, 2017	referred to investigations and government operations

co-Sponsors

2017-S4585 (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
2019-2020: S5743

2017-S4585 (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.

2017-S4585 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4585

 TITLE OF BILL :  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

 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
officers 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
determine 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
Information 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.

 FISCAL IMPLICATIONS :

Not known.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that the department of law is
authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective
date on or before such a date.

2017-S4585 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4585
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  MONTGOMERY,  PERKINS  -- 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 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.

                                                            LBD05805-01-7

 S. 4585                             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 department of law
 is authorized to promulgate any and all rules and regulations  and  take
 any other measures necessary to implement this act on its effective date
 on or before such date.

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Senate Bill S4585

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Sponsored By

Liz Krueger