Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to governmental operations |
Mar 10, 2021 |
referred to governmental operations |
Assembly Bill A6192
2021-2022 Legislative Session
Sponsored By
THIELE
Archive: Last 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
Actions
co-Sponsors
Steven Englebright
2021-A6192 (ACTIVE) - Details
- Current Committee:
- Assembly Governmental Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §89, Pub Off L
- Versions Introduced in 2023-2024 Legislative Session:
-
A6330
2021-A6192 (ACTIVE) - Summary
Provides that where the court finds that the agency had no reasonable basis for denying access, a civil penalty of not more than one thousand five hundred dollars may also be imposed; provides that an agency or public official who does not promptly comply with a court order under this act is subject to a civil penalty of not more than five hundred dollars per day until the public records are provided.
2021-A6192 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6192 2021-2022 Regular Sessions I N A S S E M B L Y March 10, 2021 ___________ Introduced by M. of A. THIELE -- 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 civil penalties 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 in which such person has substantially prevailed, and when 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 and the court finds that the agency had no reasonable basis for denying access. WHERE THE COURT FINDS THAT THE AGENCY HAD NO REASONABLE BASIS FOR DENYING ACCESS, A CIVIL PENALTY OF NOT MORE THAN FIFTEEN HUNDRED DOLLARS MAY ALSO BE IMPOSED. AN AGENCY OR PUBLIC OFFICIAL WHO DOES NOT PROMPTLY COMPLY WITH A COURT ORDER UNDER THIS ACT IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER DAY UNTIL THE PUBLIC RECORDS ARE PROVIDED. § 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. LBD08961-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.