Bill Text: NY A06330 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 6330

Introduced

Bill Title: Provides that where the court finds that the agency had no reasonable basis for denying access, a civil penalty of not more than one thousand five hundred dollars may also be imposed; provides that an agency or public official who does not promptly comply with a court order under this act is subject to a civil penalty of not more than five hundred dollars per day until the public records are provided.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A06330 Detail]

Download: New_York-2023-A06330-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          6330

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 5, 2023
                                       ___________

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

        AN  ACT  to  amend  the  public  officers law, in relation to permitting
          assessment of certain civil penalties 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 in which such person has substantially prevailed, and when
     8  the agency failed to respond to a request or appeal within the statutory
     9  time; and (ii) shall assess, against such  agency  involved,  reasonable
    10  attorney's  fees  and other litigation costs reasonably incurred by such
    11  person in any case under the provisions of this section  in  which  such
    12  person  has  substantially prevailed and the court finds that the agency
    13  had no reasonable basis for denying access.  Where the court finds  that
    14  the  agency  had no reasonable basis for denying access, a civil penalty
    15  of not more than fifteen hundred dollars may also be imposed. An  agency
    16  or public official who does not promptly comply with a court order under
    17  this  act  is  subject  to a civil penalty of not more than five hundred
    18  dollars per day until the public records are provided.
    19    § 2. This act shall  take  effect  on  the  first  of  September  next
    20  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.
                                                                   LBD10653-01-3