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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Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

view votes

Mar 3, 2020 - Investigations and Government Operations committee Vote

S7835
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Mar 3, 2020

Co-Sponsors

S7835 (ACTIVE) - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L

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.

S7835 (ACTIVE) - Sponsor Memo

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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