NY State Senate Bill S5174

Current Bill Status - On Floor Calendar

Introduced
In Committee
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- Passed Assembly
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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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

Votes

view votes

Mar 13, 2023 - Investigations and Government Operations committee Vote

S5174

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5174 (ACTIVE) - Details

See Assembly Version of this Bill:: A5118
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7835
2021-2022: S2004, A6459

S5174 (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.

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

plaintiff has substantially prevailed or when the agency failed to
respond to a request or appeal within the statutory time; and shall
assess against the public agency involved, reasonable attorney's fees
and litigation costs when the plaintiff has substantially prevailed and
the agency lacked a reasonable basis in law for withholding the record.

Section 2 is the effective date.

 
JUSTIFICATION:

FOIL provisions advance the premise that people have a right to know the
process of governmental decision making. This bill enforces such a right
by discouraging public agencies from denying public access to records
unless a reasonable basis in law exists. The enactment of this bill
would provide the court with broader discretionary authority to award
fees thereby discouraging public bodies from arbitrarily or capriciously
denying access to records. People should not be forced to spend money
and time on judicial proceedings, to gain access to records that agen-
cies should have disclosed in the first place.

 
LEGISLATIVE HISTORY:

2021-2022: S.2004-A - Amend and Recommit to Rules/A.6459-A - Amend and
Recommit to Governmental Operations

2019-2020: S.7835 - Advanced to Third Reading

2017-2018: A.3743 - Referred to Governmental Operations

2015-2016: A.2741 - Referred to Governmental Operations

2013-2014: A.4368 - Referred to Governmental Operations

 
STATE AND LOCAL FISCAL IMPLICATIONS:

The long-term effect of this bill should result in savings for the state
and local governments. The assessment of attorney's fees and costs
against public agencies should encourage them to grant access to public
records-since denial without a reasonable basis in law could result in a
significant expenditure.

Moreover, the assessment of fees and litigation costs under specific
circumstances could increase the likelihood of settlements of disputes
without court involvement and encourage reliance on the Committee on
Open Government for advice or as a mediator in a dispute.

 
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall become law.

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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The New York State Senate

senate Bill S5174

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Mar 13, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Mar 13, 2023

Co-Sponsors

S5174 (ACTIVE) - Details

S5174 (ACTIVE) - Summary

S5174 (ACTIVE) - Sponsor Memo

S5174 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5174

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Sponsored By

Robert Jackson

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Mar 13, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Mar 13, 2023

Co-Sponsors

Brad Hoylman-Sigal

John W. Mannion

S5174 (ACTIVE) - Details

S5174 (ACTIVE) - Summary

S5174 (ACTIVE) - Sponsor Memo

S5174 (ACTIVE) - Bill Text download pdf

Comments