Bill
Bill > S02004
NY S02004
NY S02004Permits 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
01/16/2021
In Committee
01/05/2022
01/05/2022
Crossed Over
03/17/2021
03/17/2021
Passed
Dead
12/31/2022
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)
Robert Jackson (D)*,
Alessandra Biaggi (D),
James Gaughran (D),
John Mannion (D),
Elijah Reichlin-Melnick (D),
Last Action
PRINT NUMBER 2004A (on 09/23/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2021/S2004 | 01/17/2021 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S02004&term=2021&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S02004A | 09/23/2022 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S02004&term=2021&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S02004 | 01/17/2021 |
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