Bill

Bill > S02004


NY S02004

NY S02004
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.


summary

Introduced
01/16/2021
In Committee
01/05/2022
Crossed Over
03/17/2021
Passed
Dead
12/31/2022

Introduced Session

2021-2022 General Assembly

Bill 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 and the agency had no such reasonable basis for denying access, or if the agency failed to respond within the statutory time, or when the record is substantially disclosed and the agency lacked a reasonable basis in law for withholding the record.

AI Summary

This bill amends the Public Officers Law to permit the assessment of reasonable attorney's fees and litigation costs against an agency that wrongfully denies access to records under the Freedom of Information Law (FOIL). The bill allows for the assessment of these fees and costs when the person seeking access has substantially prevailed, or when the agency failed to respond within the statutory time frame. Additionally, the fees and costs must be assessed when the person substantially prevailed and the agency had no reasonable basis for denying access. The bill also clarifies that the provisions do not abridge or deny any other rights or remedies available under the Civil Practice Law and Rules.

Committee Categories

Government Affairs

Sponsors (5)

Last Action

PRINT NUMBER 2004A (on 09/23/2022)

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