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 conditions as 23 the presiding justice may direct, upon application of any party to the 24 proceeding; and 25 (C) shall be deemed abandoned if the [agency] committee on open 26 government fails to serve and file a record and brief within sixty days 27 after the date of service upon the petitioner of the notice of appeal, 28 unless consent to further extension is given by all parties, or unless 29 further extension is granted by the court upon such terms as may be just 30 and upon good cause shown. 31 § 2. Subparagraph 1 of paragraph (a) of subdivision 5 of section 89 of 32 the public officers law, as amended by chapter 403 of the laws of 2003, 33 is amended to read as follows: 34 (1) A person acting pursuant to law or regulation who, subsequent to 35 the effective date of this subdivision, submits any information to any 36 state agency may, at the time of submission, request that the agency 37 except such information from disclosure under paragraph (d) of subdivi- 38 sion two of section eighty-seven of this article. Where the request 39 itself contains information which if disclosed would defeat the purpose 40 for which the exception is sought, such information shall also be 41 excepted from disclosure under paragraph (d) of subdivision two of 42 section eighty-seven of this article. Where the request itself contains 43 information which if disclosed would defeat the purpose for which the 44 exception is sought, such information shall also be excepted from 45 disclosure. 46 § 3. Subparagraph 1 of paragraph (c) of subdivision 5 of section 89 of 47 the public officers law, as added by chapter 890 of the laws of 1981, is 48 amended to read as follows: 49 (1) Within seven business days of receipt of written notice denying 50 the request, the person may file a written appeal from the determination 51 of the [agency with the head of the agency, the chief executive officer 52 or governing body or their designated representatives] committee on open 53 government. 54 § 4. This act shall take effect immediately.