Senate Bill S5174

2023-2024 Legislative Session

Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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

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2023-S5174 (ACTIVE) - Details

See Assembly Version of this Bill:
A5118
Current Committee:
Senate Rules
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

2023-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.

2023-S5174 (ACTIVE) - Sponsor Memo

2023-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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