Assembly Bill A4368

2013-2014 Legislative Session

Permits the assessment of damages for wrongful denial of access to records under the freedom of information law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A4368 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5715
2011-2012: A2254
2015-2016: A2741
2017-2018: A3743

2013-A4368 (ACTIVE) - Summary

Authorizes the assessment of attorney's fees and other litigation costs incurred upon wrongful denial of access to records under Freedom of Information Law without a finding of significant interest to the general public as previously required.

2013-A4368 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4368

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  TITONE, MILLMAN, ROSENTHAL, CLARK,
  WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, COOK,  GOTT-
  FRIED -- read once and referred to the Committee on Governmental Oper-
  ations

AN  ACT  to  amend  the  public  officers law, in relation to permitting
  assessment of certain fees and costs upon wrongful denial of access to
  records under the freedom of information law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (c) of subdivision 4 of section 89 of the public
officers law, as amended by chapter 492 of the laws of 2006, is  amended
to read as follows:
  (c)  The  court  in  such a proceeding may assess, against such agency
involved, reasonable attorney's fees and other litigation costs  reason-
ably  incurred  by  such person in any case under the provisions of this
[section] ARTICLE in which [such  person  has  substantially  prevailed,
when]:
  i.  SUCH  PERSON  HAS  SUBSTANTIALLY  PREVAILED  AND the agency had no
reasonable basis for denying access; or
  ii. the agency failed to respond to a request  or  appeal  within  the
statutory time; OR
  III. THE RECORD IS SUBSTANTIALLY DISCLOSED FOLLOWING THE INITIATION OF
SUCH  PROCEEDING  BUT  PRIOR  TO A JUDICIAL DETERMINATION AND THE AGENCY
LACKED A REASONABLE BASIS IN LAW FOR WITHHOLDING THE RECORD.
  NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO  ABRIDGE  OR  DENY  ANY
RIGHT OR REMEDY AVAILABLE UNDER ARTICLE EIGHTY-SIX OF THE CIVIL PRACTICE
LAW AND RULES.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08487-01-3

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