Bill Text: NY A06459 | 2021-2022 | General Assembly | Amended
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 2-0)
Status: (Introduced - Dead) 2022-10-03 - print number 6459a [A06459 Detail]
Download: New_York-2021-A06459-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6459--A 2021-2022 Regular Sessions IN ASSEMBLY March 17, 2021 ___________ Introduced by M. of A. THIELE, CARROLL -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- 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. LBD02312-05-2