Assembly Bill A5118

2023-2024 Legislative Session

Permits 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 - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A5118 (ACTIVE) - Details

See Senate Version of this Bill:
S5174
Current Committee:
Assembly Ways And Means
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7835
2021-2022: A6459, S2004

2023-A5118 (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.

2023-A5118 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5118
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 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 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.
                                                            LBD09491-01-3

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