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Assembly Bill A3743

2017-2018 Legislative Session

Permits the assessment of damages for wrongful denial of access to records under the freedom of information law

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Archive: Last Bill Status - In Assembly Committee

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2017-A3743 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5715
2011-2012: A2254
2013-2014: A4368
2015-2016: A2741

2017-A3743 (ACTIVE) - Summary

Authorizes the assessment of attorney's fees and other litigation costs incurred upon wrongful denial of access to records under Freedom of Information Law without a finding of significant interest to the general public as previously required.

2017-A3743 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3743
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. CARROLL, TITONE, ROSENTHAL, WEPRIN -- Multi-Spon-
   sored  by  --  M.    of  A.  COLTON,  COOK, GOTTFRIED -- 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 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:
 
   Section 1. Paragraph (c) of subdivision 4 of section 89 of the  public
 officers  law, as amended by chapter 492 of the laws of 2006, is amended
 to read as follows:
   (c) The court in such a proceeding may  assess,  against  such  agency
 involved,  reasonable attorney's fees and other litigation costs reason-
 ably incurred by such person in any case under the  provisions  of  this
 [section]  ARTICLE  in  which  [such person has substantially prevailed,
 when]:
   i. SUCH PERSON HAS SUBSTANTIALLY  PREVAILED  AND  the  agency  had  no
 reasonable basis for denying access; or
   ii.  the  agency  failed  to respond to a request or appeal within the
 statutory time; OR
   III. THE RECORD IS SUBSTANTIALLY DISCLOSED FOLLOWING THE INITIATION OF
 SUCH PROCEEDING BUT PRIOR TO A JUDICIAL  DETERMINATION  AND  THE  AGENCY
 LACKED A REASONABLE BASIS IN LAW FOR WITHHOLDING THE RECORD.
   NOTHING  CONTAINED  HEREIN  SHALL  BE CONSTRUED TO ABRIDGE OR DENY ANY
 RIGHT OR REMEDY AVAILABLE UNDER ARTICLE EIGHTY-SIX OF THE CIVIL PRACTICE
 LAW AND RULES.
   § 2. This act shall  take  effect  on  the  first  of  September  next
 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.
                                                            LBD08437-01-7

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