New York A 3140: Creates special proceedings for freedom of information law and open meetings law reviews

Bill Text

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A03140 Summary:

BILL NOA03140 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSRSimon

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MLTSPNSR

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Add Art 9 §§120 - 127, Pub Off L

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Creates special proceedings for freedom of information law and open meetings law reviews; directs the chief administrator of the courts to establish a freedom of information law and open meetings law review program in the supreme court, whereby individuals may file a petition for review of a freedom of information law request or open meetings law claim.

Go to top A03140 Actions:

BILL NOA03140 

&nbsp

01/23/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA03140 Committee&nbspVotes:

Go to topA03140 Floor&nbspVotes:

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

Go to topA03140 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3140

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

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

 AN ACT to amend the public officers law, in relation to creating special
 proceedings for freedom of information law and open meetings law
 reviews

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

 1 Section 1. The public officers law is amended by adding a new article
 2 9 to read as follows:
 3 ARTICLE 9
 4 SPECIAL PROCEEDINGS FOR FREEDOM OF INFORMATION LAW
 5 AND OPEN MEETINGS LAW REVIEWS
 6 Section 120. Definitions.
 7 121. Procedure to review freedom of information law requests and
 8 open meetings law requirements.
 9 122. Appointment of hearing officers.
 10 123. Hearing procedures.
 11 124. Decision of petition for freedom of information law and
 12 open meetings law review.
 13 125. Determination not precedent.
 14 126. Waiver of other remedies and right to judicial review.
 15 127. Rules of practice and procedure.
 16 § 120. Definitions. For the purposes of this article, the following
 17 terms shall have the following meanings:
 18 1. "Agency" shall have the same meaning as defined in section eighty-
 19 six of this chapter, and shall apply to all entities subject to the
 20 provisions of the freedom of information law.
 21 2. "Freedom of information law" shall mean the laws under article six
 22 of this chapter.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05263-01-5

 A. 3140 2

 1 3. "Hearing officer" shall mean a hearing officer appointed pursuant
 2 to section one hundred twenty-two of this article, and shall include
 3 judicial hearing officers.
 4 4. "Open meetings law" shall mean the laws under article seven of this
 5 chapter.
 6 5. "Public body" shall have the same meaning as defined under section
 7 one hundred two of this chapter, and shall apply to all entities subject
 8 to the provisions of the open meetings law.
 9 § 121. Procedure to review freedom of information law requests and
 10 open meetings law requirements. 1. The chief administrator of the courts
 11 shall establish a "freedom of information law and open meetings law
 12 review program" in the supreme court.
 13 2. An individual who has made a request under the freedom of informa-
 14 tion law and is claiming to be aggrieved by a failure of an agency to
 15 appropriately fulfill such request may file a petition for review pursu-
 16 ant to this article provided that such individual shall have first filed
 17 an administrative appeal of their freedom of information law request
 18 pursuant to paragraph (a) of subdivision four of section eighty-nine of
 19 this chapter.
 20 3. An individual claiming a violation of the open meetings law may
 21 file a petition for review pursuant to this article provided that such
 22 individual shall have first filed a request for an opinion regarding
 23 their claim with the New York state committee on open government.
 24 4. Upon determining a freedom of information law appeal pursuant to
 25 paragraph (a) of subdivision four of section eighty-nine of this chap-
 26 ter, the appropriate agency shall inform the freedom of information law
 27 requestor in writing of their right to court review under this article
 28 with th