Assembly Actions -
Senate Actions - UPPERCASE
|May 23, 2023||
reported referred to ways and means
|Mar 02, 2023||
referred to governmental operations
Assembly Bill A5118
2023-2024 Legislative Session
Current Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
Robert C. Carroll
2023-A5118 (ACTIVE) - Details
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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