New York A 524: Provides for the committee on open government to hear FOIL appeals

Bill Text

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A00524 Summary:

BILL NOA00524 

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SAME ASNo Same As

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SPONSORSteck

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COSPNSR

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MLTSPNSR

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Amd §89, Pub Off L

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Provides that FOIL appeals are to be heard by the committee on open government.

Go to top A00524 Actions:

BILL NOA00524 

&nbsp

01/08/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA00524 Committee&nbspVotes:

Go to topA00524 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00524 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 524

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. STECK -- read once and referred to the Committee
 on Governmental Operations

 AN ACT to amend the public officers law, in relation to the hearing of
 FOIL appeals by the committee on open government

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 4 of section 89 of the public officers law, as
 2 amended by chapter 22 of the laws of 2005, paragraph (c) as amended by
 3 chapter 453 of the laws of 2017 and paragraph (d) as added by chapter
 4 487 of the laws of 2016, is amended to read as follows:
 5 4. (a) Except as provided in subdivision five of this section, any
 6 person denied access to a record may within thirty days appeal in writ-
 7 ing such denial to the [head, chief executive or governing body of the
 8 entity, or the person therefor designated by such head, chief executive,
 9 or governing body,] committee on open government who shall within ten
 10 business days of the receipt of such appeal fully explain in writing to
 11 the person requesting the record the reasons for further denial, or
 12 provide access to the record sought. [In addition, each agency shall
 13 immediately forward to the committee on open government a copy of such
 14 appeal when received by the agency and the ensuing determination there-
 15 on. Failure by an agency to conform to the provisions of subdivision
 16 three of this section shall constitute a denial.]
 17 (b) Except as provided in subdivision five of this section, a person
 18 denied access to a record in an appeal determination under the
 19 provisions of paragraph (a) of this subdivision may bring a proceeding
 20 for review of such denial pursuant to article seventy-eight of the civil
 21 practice law and rules. In the event that access to any record is denied
 22 pursuant to the provisions of subdivision two of section eighty-seven of
 23 this article, the [agency involved] committee on open government shall
 24 have the burden of proving that such record falls within the provisions

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01094-01-5

 A. 524 2

 1 of such subdivision two. Failure by [an agency] the committee on open
 2 government to conform to the provisions of paragraph (a) of this subdi-
 3 vision shall constitute a denial.
 4 (c) The court in such a proceeding: (i) may assess, against such agen-
 5 cy involved, reasonable attorney's fees and other litigation costs
 6 reasonably incurred by such person in any case under the provisions of
 7 this section in which such person has substantially prevailed, and when
 8 the agency failed to respond to a request or the committee on open
 9 government failed to respond to an appeal within the statutory time; and
 10 (ii) shall assess, against such agency involved, reasonable attorney's
 11 fees and other litigation costs reasonably incurred by such person in
 12 any case under the provisions of this section in which such person has
 13 substantially prevailed and the court finds that the agency had no
 14 reasonable basis for denying access.
 15 (d) (i) Appeal to the appellate division of the supreme court must be
 16 made in accordance with subdivision (a) of section fifty-five hundred
 17 thirteen of the civil practice law and rules.
 18 (ii) An appeal from [an agency] the committee on open government taken
 19 from an order of the court requiring disclosure of any or all records
 20 sought:
 21 (A) shall be given preference;
 22 (B) shall be brought on for argument on such terms and conditi