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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

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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
2025-2026: S6599

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

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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