Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Bill S2004A
2021-2022 Legislative Session
Sponsored By
There are no sponsors of this bill.
Archive: Last Bill Status -
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2021-S2004 - Details
2021-S2004 - Sponsor Memo
BILL NUMBER: S2004 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: 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 paragraph (c) of subdivision 4 of Section 89 of the 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
2021-S2004 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2004 2021-2022 Regular Sessions I N S E N A T E January 16, 2021 ___________ Introduced by Sens. JACKSON, BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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
2021-S2004A (ACTIVE) - Details
2021-S2004A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2004A 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: 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 paragraph (c) of subdivision 4 of Section 89 of the 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 litigation costs when the
2021-S2004A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2004--A Cal. No. 92 2021-2022 Regular Sessions I N S E N A T E January 16, 2021 ___________ Introduced by Sens. JACKSON, BIAGGI, GAUGHRAN, MANNION, REICHLIN-MELNICK -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- recommit- ted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading -- committed to the Committee on Rules -- 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
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