Bill Text: NY S04585 | 2017-2018 | General Assembly | Introduced
Bill Title: 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.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04585 Detail]
Download: New_York-2017-S04585-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4585 2017-2018 Regular Sessions IN SENATE 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: 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. LBD05805-01-7S. 4585 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 department of law 35 is authorized to promulgate any and all rules and regulations and take 36 any other measures necessary to implement this act on its effective date 37 on or before such date.
