NY State Senate Bill 2015-S1531

Senate Bill S1531

Vetoed By Governor

2015-2016 Legislative Session

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws

download bill text pdf

Archive: Last Bill Status Via A114 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	tabled vetoed memo.274
Nov 30, 2015	delivered to governor
Jun 15, 2015	returned to assembly passed senate substituted for s1531
Jun 15, 2015	substituted by a114
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.743
Jan 13, 2015	referred to investigations and government operations

Votes

- Jun 15, 2015 - Floor Vote
  A114
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  May 19, 2015 - Investigations And Government Operations Committee Vote
  S1531
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 19, 2015
      
      aye (9)
      
      Carlucci
      
      Diaz
      
      Golden
      
      Hoylman-Sigal
      
      Marcellino
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Squadron

co-Sponsors

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2015-S1531 (ACTIVE) - Details

See Assembly Version of this Bill:: A114
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6484
2011-2012: A68
2013-2014: S5673, A5306

2015-S1531 (ACTIVE) - Summary

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

2015-S1531 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1531

TITLE OF BILL:

An act to amend the public officers law, in relation to limiting the
amount of time to appeal certain judgments regarding freedom of
information violations

PURPOSE OR GENERAL IDEA OF BILL:

To expedite the appeals process when a trial court has found in favor
of a FOIL request action, thereby insuring timely appellate review and
conclusion to the issue.

SUMMARY OF SPECIFIC PROVISIONS:

Adds a new paragraph (d) to Subdivision 4 of Section 89 of the Public
Officers Law, requiring an appeal to be filed within 30 days after a
court judgment on a FOIL lawsuit, and abandons the request to appeal
when an agency fails to serve and file a brief within two months after
the date of the notice of appeal.

Section 2: Authorizes an immediate effective date.

JUSTIFICATION:

The bill creates an expedited process for determining appeals of FOIL
decisions. Under the present law, a denial of request for records may
be overturned by a court, but the agency may file a notice of appeal
and have up to 9 months to perfect the appeal. This delay, in some
circumstances, may create an unfairness or a restriction of rights to
an individual; the delaying of disclosure, through the normal process
of appeal, may make moot the individual's FOIL request and
functionally deny them the timely access to documents needed.

In addition, a speedier resolution reduces court costs borne by all
parties.

PRIOR LEGISLATIVE HISTORY:

2013-14 - S.5673/A.5306 - RULES/Passed Assembly
2011-12 - S.6731/A.68 - INVESTIGATIONS/Passed Assembly
2009-10 - A.6484 - Passed Assembly

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

2015-S1531 (ACTIVE) - Bill Text download pdf

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

                                  1531

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations

AN ACT to amend the public officers law, in  relation  to  limiting  the
  amount of time to appeal certain judgments regarding freedom of infor-
  mation violations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 89 of the public officers  law  is
amended by adding a new paragraph (d) to read as follows:
  (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
IN  ACCORDANCE  WITH  LAW,  AND  MUST  BE FILED WITHIN THIRTY DAYS AFTER
SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN  FROM  AN
ORDER  OF  THE  COURT  REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT
SHALL BE GIVEN PREFERENCE, SHALL BE BROUGHT  ON  FOR  ARGUMENT  ON  SUCH
TERMS  AND  CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICA-
TION OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED  WHEN
AN  AGENCY  FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN SIXTY DAYS
AFTER THE DATE OF THE NOTICE OF APPEAL. FAILURE BY AN  AGENCY  TO  SERVE
AND FILE A RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE
DISMISSAL OF THE APPEAL.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00281-01-5

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