Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Mar 16, 2023 | advanced to third reading |
Mar 15, 2023 | 2nd report cal. |
Mar 13, 2023 | 1st report cal.489 |
Feb 24, 2023 | referred to investigations and government operations |
senate Bill S5174
Sponsored By
Robert Jackson
(D, WF) 31st Senate District
Current Bill Status - On Floor Calendar
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Co-Sponsors
Brad Hoylman-Sigal
(D, WF) 47th Senate District
John W. Mannion
(D) 50th Senate District
S5174 (ACTIVE) - Details
S5174 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5174 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
S5174 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5174 2023-2024 Regular Sessions I N S E N A T E February 24, 2023 ___________ Introduced by Sens. JACKSON, MANNION -- 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 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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