NY State Senate Bill 2019-S7835

Senate Bill S7835

2019-2020 Legislative Session

Relating to permitting assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 10, 2020	advanced to third reading
Mar 04, 2020	2nd report cal.
Mar 03, 2020	1st report cal.539
Feb 25, 2020	referred to investigations and government operations

Votes

- Mar 3, 2020 - Investigations And Government Operations Committee Vote
  S7835
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Mar 3, 2020
      
      aye (7)
      
      Biaggi
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Lanza
      
      Sepúlveda
      
      Skoufis

co-Sponsors

2019-S7835 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2004
2023-2024: S5174

2019-S7835 (ACTIVE) - Summary

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 and the agency had no such reasonable basis for denying access, or if the agency failed to respond within the statutory time, or when the record is substantially disclosed and the agency lacked a reasonable basis in law for withholding the record.

2019-S7835 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7835

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is intended to clarify certain provisions in the Freedom of
Information Law (FOIL) thereby demonstrating a continued affirmation by
the state to the principles of open government and public accountabil-
ity.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Public Officers Law to provide that in an Article 78
proceeding brought to review a FOIL request, the court may assess
against the public agency involved, reasonable attorney's fees and liti-

gation costs when the plaintiff has substantially prevailed and the
agency lacked a reasonable basis in law for withholding the record.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

FOIL provisions advance the premise that people have a right to know the
process of governmental decision making. This bill enforces such a right
by discouraging public agencies from denying public access to records
unless a reasonable basis in law exists. The enactment of this bill
would provide the court with broader discretionary authority to award
fees thereby discouraging public bodies from arbitrarily or capriciously
denying access to records. People should not be forced to spend money
and time on judicial proceedings, to gain access to records that agen-
cies should have disclosed in the first place.

 
PRIOR LEGISLATIVE HISTORY:

A3743 Carroll of 2017-18: Died
A2741 Brennan of 2015-16: Died
A4368 Brennan of 2013-14: Died in Governmental Operations

 
FISCAL IMPLICATIONS:

The long-term effect of this bill should result in savings for the state
and local governments. The assessment of attorney's fees and costs
against public agencies should encourage them to grant access to public
records-since denial without a reasonable basis in law could result in a
significant expenditure.

Moreover, the assessment of fees and litigation costs under specific
circumstances could increase the likelihood of settlements of disputes
without court involvement and encourage reliance on the Committee on
Open Government for advice or as a mediator in a dispute.

 
EFFECTIVE DATE:
The first of September next succeeding the date on which it shall become
law.

2019-S7835 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7835
 
                             I N  S E N A T E
 
                             February 25, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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 453 of the laws of 2017, is amended
 to read as follows:
   (c) The court in such a proceeding[: (i)]  may  assess,  against  such
 agency  involved,  reasonable attorney's fees and other litigation costs
 reasonably incurred by such person in any case under the  provisions  of
 this [section in which] ARTICLE IN WHICH:
   (I)  such  person  has substantially prevailed[,] and [when] THE COURT
 FINDS THAT SUCH AGENCY HAD NO SUCH REASONABLE BASIS FOR DENYING  ACCESS;
 OR
   (II)  the  agency  failed to respond to a request or appeal within the
 statutory time; [and (ii) shall assess, against  such  agency  involved,
 reasonable   attorney's  fees  and  other  litigation  costs  reasonably
 incurred by such person in any case under the provisions of this section
 in which such person has substantially prevailed] OR
   (III) THE RECORD IS SUBSTANTIALLY DISCLOSED FOLLOWING  THE  INITIATION
 OF  SUCH  PROCEEDING BUT PRIOR TO A JUDICIAL DETERMINATION and the court
 finds that the agency [had no] LACKED A  reasonable  basis  IN  LAW  for
 [denying access] 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.
                                                            LBD14780-01-0

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Senate Bill S7835

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Sponsored By

Robert Jackson