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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Oct 03, 2022 |
print number 6459a |
| Oct 03, 2022 |
amend and recommit to governmental operations |
| Jan 05, 2022 |
referred to governmental operations |
| Mar 17, 2021 |
referred to governmental operations |
Assembly Bill A6459A
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
Bill Amendments
co-Sponsors
Robert C. Carroll
2021-A6459 - Details
2021-A6459 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6459
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
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
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] ARTICLE IN WHICH:
(I) such person has substantially prevailed[,] and [when] THE COURT
FINDS THAT SUCH AGENCY HAD NO SUCH REASONABLE BASIS FOR DENYING ACCESS;
OR
(II) 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] OR
(III) THE RECORD IS SUBSTANTIALLY DISCLOSED FOLLOWING THE INITIATION
OF SUCH PROCEEDING BUT PRIOR TO A JUDICIAL DETERMINATION and the court
finds that the agency [had no] LACKED A reasonable basis IN LAW for
[denying access] WITHHOLDING THE RECORD.
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.
co-Sponsors
Robert C. Carroll
2021-A6459A (ACTIVE) - Details
2021-A6459A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6459--A
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. THIELE, CARROLL -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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.
LBD02312-05-2
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