Bill > S01418

This bill amends two sections of New York's Public Officers Law to modify how attorneys' fees are awarded in Freedom of Information Law (FOIL) and open meeting proceedings. Under the new provisions, courts will be required (rather than having discretion) to award reasonable attorneys' fees to a successful petitioner in FOIL cases when an agency either fails to respond to a request within the statutory time or has no reasonable basis for denying access to records. The bill defines "reasonable basis" for denying access as either reasonably relying on a published appellate court opinion with substantially similar facts or a published opinion from the Committee on Open Government. Similarly, in open meeting proceedings, courts must now award costs and reasonable attorneys' fees to the successful petitioner against the public body, removing previous language that allowed judicial discretion in such awards. These changes aim to incentivize government transparency and provide clearer pathways for individuals seeking access to public records or challenging potential violations of open meeting laws by making it easier to recover legal expenses when they prevail in court.

Budget and Finance, Government Affairs

https://www.nysenate.gov/legislation/bills/2025/S1418