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NY S02004

Bill

Status

Engrossed

3/17/2021

Primary Sponsor

Robert Jackson

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Origin

Senate

2021-2022 General Assembly

AI Summary

  • Amends Public Officers Law Section 89 to allow courts to assess attorney's fees and litigation costs against agencies that wrongfully deny access to records under the Freedom of Information Law
  • Permits fee assessment when a person substantially prevails in a case or when an agency fails to respond to a request or appeal within statutory timeframes
  • Requires mandatory assessment of attorney's fees and litigation costs when a person substantially prevails and the court finds the agency had no reasonable basis for denying access
  • Changes the scope from applying only to "section" violations to all violations under the entire "article" governing freedom of information
  • Takes effect September 1st 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, or if the agency failed to respond within the statutory time.

Last Action

PRINT NUMBER 2004A

9/23/2022

Committee Referrals

Rules6/3/2022
Investigations and Government Operations1/5/2022
Governmental Operations3/17/2021
Investigations and Government Operations1/16/2021

Full Bill Text

No bill text available