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NY S07835
Bill
Status
2/25/2020
Primary Sponsor
Robert Jackson
Click for details
AI Summary
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Amends Public Officers Law Section 89 to permit courts to assess attorney's fees and litigation costs against agencies in three scenarios: when a person substantially prevails and the agency had no reasonable basis for denying access; when an agency fails to respond to a request or appeal within statutory timeframes; or when a record is substantially disclosed after a proceeding is initiated but before judicial determination and the agency lacked reasonable legal basis for withholding it.
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Expands grounds for fee assessment by adding the requirement that courts find an agency "lacked a reasonable basis in law" for withholding records, rather than simply "had no reasonable basis for denying access."
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Clarifies that nothing in the law abridges or denies any rights or remedies available under Article 86 of the Civil Practice Law and Rules.
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Takes effect September 1 following the date the bill becomes law.
Legislative Description
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.
Last Action
COMMITTED TO RULES
12/28/2020