Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to investigations and government operations |
Jan 27, 2015 |
referred to investigations and government operations |
Senate Bill S2678
2015-2016 Legislative Session
Sponsored By
(D, WF) 28th Senate District
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
Actions
co-Sponsors
(D, WF) Senate District
2015-S2678 (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
2017-2018: S4585
2019-2020: S5743
2015-S2678 (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.
2015-S2678 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2678 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 section 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.
2015-S2678 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2678 2015-2016 Regular Sessions I N S E N A T E January 27, 2015 ___________ Introduced by Sen. KRUEGER -- 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: Section 1. Subdivision 4 of section 89 of the public officers law, as amended by chapter 22 of the laws of 2005, paragraph (c) as amended by chapter 492 of the laws of 2006, is amended to read as follows: 4. (a) Except as provided in subdivision five of this section, any person denied access to a record may within thirty days appeal in writ- ing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing 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. LBD00246-01-5
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