Bill > A09340

This bill amends the New York Public Officers Law to expand the circumstances under which a court can assess attorney's fees and litigation costs against a government agency in Freedom of Information Law (FOIL) cases. Specifically, the bill allows courts to award reasonable attorney's fees and litigation costs when a requester substantially prevails in a FOIL request or when an agency fails to respond within the legally mandated timeframe. The bill also clarifies that courts must assess such fees if the agency had no reasonable basis for denying access to records. Additionally, the bill ensures that these provisions do not limit any other legal remedies available under civil practice law. The changes are intended to incentivize government agencies to be more transparent and responsive to public records requests by potentially imposing financial penalties for unjustified denials or delays. The bill will take effect on the first of September following its passage into law.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A9340