NY State Senate Bill 2019-S4685

Senate Bill S4685

Signed By Governor

2019-2020 Legislative Session

Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 20, 2019	signed chap.707
Dec 17, 2019	delivered to governor
Jun 03, 2019	returned to senate passed assembly ordered to third reading cal.470 substituted for a414a
May 07, 2019	referred to governmental operations delivered to assembly passed senate
Apr 29, 2019	advanced to third reading amended 4685a
Apr 10, 2019	2nd report cal.
Apr 09, 2019	1st report cal.412
Mar 20, 2019	referred to investigations and government operations

Votes

- May 7, 2019 - Floor Vote
  S4685
  
  44
  
  Aye
  
  17
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 7, 2019
      
      aye (44)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (17)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Serino
      
      Seward
      
      Tedisco
      
      excused (1)
      
      Funke
  Apr 9, 2019 - Investigations And Government Operations Committee Vote
  S4685
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 9, 2019
      
      aye (6)
      
      Biaggi
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Sepúlveda
      
      Skoufis
      
      nay (1)
      
      Lanza

Bill Amendments

Original

A (Active)

2019-S4685 - Details

Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L; amd R5521, CPLR

2019-S4685 - Summary

Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.

2019-S4685 - Sponsor Memo

                                
 
BILL NUMBER: S4685

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the public officers law and the civil
practice law and rules, in relation to preference given to an appeal to
the appellate division of the supreme court regarding a denial of an
exception from disclosure

 
PURPOSE:

To require that a proceeding to stop disclosure of a record be given
preference by the courts and heard in an expedited manner

 
SUMMARY OF PROVISIONS:

Sections 1-2: Amends subdivision 5 of section 89 of the public officers
law to provide that a proceeding commenced to review an adverse determi-
nation pursuant to this section shall be given preference and shall be
brought on for argument within 45 days.

This section also provides that an appeal to the appellate division of

the supreme court must be made in accordance with subdivision (a) of
section 5513 of the civil practice law and rules. An appeal taken from
an order of the court requiring disclosure shall be given preference and
shall be brought on for argument on such terms and conditions as the
presiding justice may direct. This action shall be deemed abandoned when
the party requesting an exclusion from disclosure fails to serve and
file a record and brief within 45 days after the date of the notice of
appeal, unless consent of further extension is given by all parties, or
unless further extension is granted by the court upon such terms as may
be just and upon good cause shown.

Section 3: Effective date.

 
JUSTIFICATION:

Under current Freedom of Information Law, a person or entity may initi-
ate a judicial proceeding to prevent the government from disclosing
records to the public if such disclosures would cause substantial injury
to the competitive position of a commercial enterprise. The government
is then required to expend time and money to defend its position that
the record should be disclosed, a cost which is passed along to taxpay-
ers.

Unlike proceedings initiated by individuals who have been denied access
to requested records, this is a situation in which a person or entity is
seeking to block records from being released when the agency believes
the records must be disclosed. Often, commercial enterprises initiate
these proceedings to cause delays and prevent the release of records
that could affect a business deal or other action. Ensuring that these
proceedings are brought on for argument in an expedited manner will
prevent the use of these challenges as a delay tactic.

 
LEGISLATIVE HISTORY:

None. A similar bill (A2879) passed the Assembly in 2018.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S4685 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4685
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 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 civil practice  law  and
   rules,  in  relation to preference given to an appeal to the appellate
   division of the supreme court regarding a denial of an exception  from
   disclosure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 5 of section 89 of the  public
 officers  law, as amended by chapter 339 of the laws of 2004, is amended
 to read as follows:
   (d) (I) A proceeding to review an adverse  determination  pursuant  to
 paragraph  (c)  of this subdivision may be commenced pursuant to article
 seventy-eight of the civil practice law and rules. Such proceeding, when
 brought by a person seeking an exception  from  disclosure  pursuant  to
 this  subdivision,  must be commenced within fifteen days of the service
 of the written notice containing the adverse determination provided  for
 in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
 SHALL  BE  GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
 TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO  EXCEED
 FORTY-FIVE DAYS.
   (II)  APPEAL  TO  THE  APPELLATE DIVISION OF THE SUPREME COURT MUST BE
 MADE IN ACCORDANCE WITH SUBDIVISION (A) OF  SECTION  FIFTY-FIVE  HUNDRED
 THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES.
   (III) AN APPEAL TAKEN FROM AN ORDER OF THE COURT REQUIRING DISCLOSURE:
   (A) SHALL BE GIVEN PREFERENCE; AND
   (B)  SHALL  BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDITIONS AS
 THE PRESIDING JUSTICE MAY DIRECT, UPON APPLICATION BY ANY PARTY  TO  THE
 PROCEEDING; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10500-01-9

 S. 4685                             2
 
   (C)  SHALL  BE DEEMED ABANDONED WHEN THE PARTY REQUESTING AN EXCLUSION
 FROM DISCLOSURE FAILS TO SERVE  AND  FILE  A  RECORD  AND  BRIEF  WITHIN
 FORTY-FIVE  DAYS  AFTER THE DATE OF THE NOTICE OF APPEAL, UNLESS CONSENT
 OF FURTHER EXTENSION IS GIVEN BY ALL PARTIES, OR UNLESS  FURTHER  EXTEN-
 SION  IS  GRANTED  BY  THE COURT UPON SUCH TERMS AS MAY BE JUST AND UPON
 GOOD CAUSE SHOWN.
   § 2. Subdivision (b) of rule 5521 of the civil practice law and rules,
 as amended by chapter 487 of the laws of 2016, is  amended  to  read  as
 follows:
   (b) Consistent with the provisions of section one thousand one hundred
 twelve  of  the  family  court  act,  appeals  from orders, judgments or
 decrees in proceedings brought pursuant to articles  three,  seven,  ten
 and  ten-A and parts one and two of article six of the family court act,
 and pursuant to sections  three  hundred  fifty-eight-a,  three  hundred
 eighty-three-c,  three  hundred  eighty-four,  and three hundred eighty-
 four-b of the social services law, and  pursuant  to  paragraph  (d)  of
 subdivision  four  AND SUBPARAGRAPH (II) OF PARAGRAPH (D) OF SUBDIVISION
 FIVE of section eighty-nine of the public officers law, shall  be  given
 preference  and  may be brought on for argument on such terms and condi-
 tions as the court may direct without the necessity of a motion.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2019-S4685A (ACTIVE) - Details

Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L; amd R5521, CPLR

2019-S4685A (ACTIVE) - Summary

Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.

2019-S4685A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4685A

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the public officers law and the civil
practice law and rules, in relation to preference given to an appeal to
the appellate division of the supreme court regarding a denial of an
exception from disclosure

 
PURPOSE:

To require that a proceeding to stop disclosure of a record be given
preference by the courts and heard in an expedited manner

 
SUMMARY OF PROVISIONS:

Sections 1-2: Amends subdivision 5 of section 89 of the public officers
law to provide that a proceeding commenced to review an adverse determi-
nation pursuant to this section shall be given preference and shall be
brought on for argument within 45 days.

This section also provides that an appeal to the appellate division of

the supreme court must be made in accordance with subdivision (a) of
section 5513 of the civil practice law and rules. An appeal taken from
an order of the court requiring disclosure shall be given preference and
shall be brought on for argument on such terms and conditions as the
presiding justice may direct. This action shall be deemed abandoned when
the party requesting an exclusion from disclosure fails to serve and
file a record and brief within 45 days after the date of the notice of
appeal, unless consent of further extension is given by all parties, or
unless further extension is granted by the court upon such terms as may
be just and upon good cause shown.

Section 3: Effective date.

 
JUSTIFICATION:

Under current Freedom of Information Law, a person or entity may initi-
ate a judicial proceeding to prevent the government from disclosing
records to the public if such disclosures would cause substantial injury
to the competitive position of a commercial enterprise. The government
is then required to expend time and money to defend its position that
the record should be disclosed, a cost which is passed along to taxpay-
ers.

Unlike proceedings initiated by individuals who have been denied access
to requested records, this is a situation in which a person or entity is
seeking to block records from being released when the agency believes
the records must be disclosed. Often, commercial enterprises initiate
these proceedings to cause delays and prevent the release of records
that could affect a business deal or other action. Ensuring that these
proceedings are brought on for argument in an expedited manner will
prevent the use of these challenges as a delay tactic.

 
LEGISLATIVE HISTORY:

Assembly
A.9479 of 2017-18

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to appeals for which not ice of
appeal was filed on or after such date.

2019-S4685A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4685--A
     Cal. No. 412
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 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 -- reported favorably from said committee, ordered  to
   first  and second report, amended on second report, ordered to a third
   reading, and to be reprinted as amended, retaining its  place  in  the
   order of third reading
 
 AN  ACT  to amend the public officers law and the civil practice law and
   rules, in relation to preference given to an appeal to  the  appellate
   division  of the supreme court regarding a denial of an exception from
   disclosure
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (d) of subdivision 5 of section 89 of the public
 officers law, as amended by chapter 339 of the laws of 2004, is  amended
 to read as follows:
   (d)  (I)  A  proceeding to review an adverse determination pursuant to
 paragraph (c) of this subdivision may be commenced pursuant  to  article
 seventy-eight of the civil practice law and rules. Such proceeding, when
 brought  by  a  person  seeking an exception from disclosure pursuant to
 this subdivision, must be commenced within fifteen days of  the  service
 of  the written notice containing the adverse determination provided for
 in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
 SHALL BE GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT  ON  SUCH
 TERMS  AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO EXCEED
 FORTY-FIVE DAYS.
   (II) APPEAL TO THE APPELLATE DIVISION OF THE  SUPREME  COURT  MUST  BE
 MADE  IN  ACCORDANCE  WITH SUBDIVISION (A) OF SECTION FIFTY-FIVE HUNDRED
 THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES.
   (III) AN APPEAL TAKEN FROM AN ORDER OF THE COURT REQUIRING DISCLOSURE:
   (A) SHALL BE GIVEN PREFERENCE; AND

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

                                                            LBD10500-03-9

 S. 4685--A                          2
 
   (B) SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND  CONDITIONS  AS
 THE  PRESIDING  JUSTICE MAY DIRECT, UPON APPLICATION BY ANY PARTY TO THE
 PROCEEDING; AND
   (C)  SHALL  BE DEEMED ABANDONED WHEN THE PARTY REQUESTING AN EXCLUSION
 FROM DISCLOSURE FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN  SIXTY
 DAYS  AFTER  THE DATE OF THE NOTICE OF APPEAL, UNLESS CONSENT OF FURTHER
 EXTENSION IS GIVEN BY ALL PARTIES, OR UNLESS FURTHER EXTENSION IS GRANT-
 ED BY THE COURT UPON SUCH TERMS AS MAY  BE  JUST  AND  UPON  GOOD  CAUSE
 SHOWN.
   § 2. Subdivision (b) of rule 5521 of the civil practice law and rules,
 as  amended  by  chapter  487 of the laws of 2016, is amended to read as
 follows:
   (b) Consistent with the provisions of section one thousand one hundred
 twelve of the family  court  act,  appeals  from  orders,  judgments  or
 decrees  in  proceedings  brought pursuant to articles three, seven, ten
 and ten-A and parts one and two of article six of the family court  act,
 and  pursuant  to  sections  three  hundred fifty-eight-a, three hundred
 eighty-three-c, three hundred eighty-four,  and  three  hundred  eighty-
 four-b  of  the  social  services  law, and pursuant to paragraph (d) of
 subdivision four AND SUBPARAGRAPH (II) OF PARAGRAPH (D)  OF  SUBDIVISION
 FIVE  of  section eighty-nine of the public officers law, shall be given
 preference and may be brought on for argument on such terms  and  condi-
 tions as the court may direct without the necessity of a motion.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law and shall apply to appeals for which notice
 of appeal was filed on or after such date.

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