senate Bill S2004

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 17, 2021 referred to governmental operations
delivered to assembly
passed senate
Feb 03, 2021 advanced to third reading
Feb 02, 2021 2nd report cal.
Feb 01, 2021 1st report cal.213
Jan 16, 2021 referred to investigations and government operations

Votes

view votes

Feb 1, 2021 - Investigations and Government Operations committee Vote

S2004
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: Feb 1, 2021

Co-Sponsors

S2004 (ACTIVE) - Details

See Assembly Version of this Bill:
A6459
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2019-2020 Legislative Session:
S7835

S2004 (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.

S2004 (ACTIVE) - Sponsor Memo

S2004 (ACTIVE) - 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

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