Assembly Actions -
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
Senate Bill S7835
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S7835 (ACTIVE) - Details
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-
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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