Bill > S06599

This bill amends the New York Public Officers Law to modify the provisions for awarding attorney's fees and litigation costs in Freedom of Information Law (FOIL) cases. Under the proposed changes, courts may assess reasonable attorney's fees and litigation costs against a government agency in two scenarios: first, when the person requesting records has substantially prevailed in their case, and second, when the agency failed to respond to a records request within the legally mandated timeframe. The bill also clarifies that these provisions do not limit any existing legal remedies available under the Civil Practice Law and Rules. This modification aims to provide stronger legal protections and incentives for government agencies to promptly and accurately respond to public records requests, while ensuring that individuals who are wrongly denied access to public records can recover their legal expenses. The bill would take effect on the first of September following its enactment.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/S6599