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Assembly Bill A6192

2021-2022 Legislative Session

Permits assessment of certain civil penalties upon 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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2021-A6192 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:
A6330

2021-A6192 (ACTIVE) - Summary

Provides that where the court finds that the agency had no reasonable basis for denying access, a civil penalty of not more than one thousand five hundred dollars may also be imposed; provides that an agency or public official who does not promptly comply with a court order under this act is subject to a civil penalty of not more than five hundred dollars per day until the public records are provided.

2021-A6192 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6192
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- 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 civil penalties 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 agen-
 cy  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, and when
 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 and the court finds that the agency
 had no reasonable basis for denying access.  WHERE THE COURT FINDS  THAT
 THE  AGENCY  HAD NO REASONABLE BASIS FOR DENYING ACCESS, A CIVIL PENALTY
 OF NOT MORE THAN FIFTEEN HUNDRED DOLLARS MAY ALSO BE IMPOSED. AN  AGENCY
 OR PUBLIC OFFICIAL WHO DOES NOT PROMPTLY COMPLY WITH A COURT ORDER UNDER
 THIS  ACT  IS  SUBJECT  TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
 DOLLARS PER DAY UNTIL THE PUBLIC RECORDS ARE PROVIDED.
   § 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.
                                                            LBD08961-01-1

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