Bill Text: NY S02004 | 2021-2022 | General Assembly | Amended

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Bill Title: Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law when either the person has substantially prevailed, or if the agency failed to respond within the statutory time.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2022-09-23 - PRINT NUMBER 2004A [S02004 Detail]

Download: New_York-2021-S02004-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2004--A
            Cal. No. 92

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced by Sens. JACKSON, BIAGGI, GAUGHRAN, MANNION, REICHLIN-MELNICK
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Investigations and Government Operations -- recommit-
          ted  to  the  Committee on Investigations and Government Operations in
          accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading  --  committed  to  the  Committee  on  Rules   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  public  officers law, in relation to permitting
          assessment of certain fees and costs upon wrongful denial of access to
          records under the freedom of information law

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

     1    Section  1. Paragraph (c) of subdivision 4 of section 89 of the public
     2  officers law, as amended by chapter 453 of the laws of 2017, is  amended
     3  to read as follows:
     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] article in which such person has substantially prevailed,
     8  [and  when]  or  in  which  the agency failed to respond to a request or
     9  appeal within the statutory time; and (ii) shall  assess,  against  such
    10  agency  involved,  reasonable attorney's fees and other litigation costs
    11  reasonably incurred by such person in any case under the  provisions  of
    12  this  [section] article in which such person has substantially prevailed
    13  and the court finds that the agency had no reasonable basis for  denying
    14  access.  Nothing  contained herein shall be construed to abridge or deny
    15  any right or remedy available under  article  eighty-six  of  the  civil
    16  practice law and rules.
    17    §  2.  This  act  shall  take  effect  on  the first of September next
    18  succeeding the date on which it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02312-04-2