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Assembly Bill A6459A

2021-2022 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 Assembly Committee

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Bill Amendments

co-Sponsors

2021-A6459 - Details

See Senate Version of this Bill:
S2004
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7835
2023-2024: A5118, S5174
2025-2026: S6599

2021-A6459 - 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, or if the agency failed to respond within the statutory time.

2021-A6459 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6459
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. THIELE, CARROLL -- 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 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.

co-Sponsors

2021-A6459A (ACTIVE) - Details

See Senate Version of this Bill:
S2004
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7835
2023-2024: A5118, S5174
2025-2026: S6599

2021-A6459A (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, or if the agency failed to respond within the statutory time.

2021-A6459A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6459--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. THIELE, CARROLL -- read once and referred to the
   Committee on Governmental Operations -- recommitted to  the  Committee
   on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 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 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] ARTICLE in which such person has substantially prevailed,
 [and  when]  OR  IN  WHICH  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] ARTICLE in which such person has substantially prevailed
 and the court finds that the agency had no reasonable basis for  denying
 access.  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.
                                                            LBD02312-05-2

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