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NY S05174
Bill
Status
2/24/2023
Primary Sponsor
Robert Jackson
Click for details
AI Summary
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Amends Public Officers Law Section 89 to allow courts to assess reasonable attorney's fees and litigation costs against agencies that fail to respond to freedom of information requests within statutory timeframes.
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Requires courts to assess reasonable attorney's fees and litigation costs against agencies when a person substantially prevails in litigation and the court finds the agency had no reasonable basis for denying access.
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Changes the standard from "may assess" to "shall assess" fees in cases where the agency had no reasonable basis for denying access.
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Preserves all existing rights and remedies available under Article 86 of the Civil Practice Law and Rules.
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Takes effect on September 1st of the year following enactment.
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
COMMITTED TO RULES
6/7/2024