Provides that where the court finds that the agency had no reasonable basis for denying access, a civil penalty of not more than one thousand five hundred dollars may also be imposed; provides that an agency or public official who does not promptly comply with a court order under this act is subject to a civil penalty of not more than five hundred dollars per day until the public records are provided.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6330
SPONSOR: Thiele TITLE OF BILL:
An act to amend the public officers law, in relation to permitting
assessment of certain civil penalties upon wrongful denial of access to
records under the freedom of information law
PURPOSE:
This legislation permits assessment of certain civil penalties upon
wrongful denial of access to records under the Freedom of Information
Law (FOIL).
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends paragraph c of subdivision 4 of Section 89 of the
Public Officers Law to permit the assessment of civil penalties where
the court finds that an involved agency of the state had no reasonable
basis for denying access to public records. Provides that a civil penal-
ty of up to $1,500 may be imposed and subjects an agency or public offi-
cial not promptly complying with court order under the provisions of
this legislation to a civil penalty of not more than $500 per day until
the public records are provided.
Section 2. Effective Date;
JUSTIFICATION:
The legislative declaration set forth in the Public Officers Law - Arti-
cle 6 - Freedom of Information Law- states that, the legislature hereby
finds that a free society is maintained when government is responsive
and responsible to the public, and when the public is aware of govern-
mental actions. The more open a government is with its citizenry, the
greater the understanding and participation of the public in govern-
ment."
The penalties for violating the Freedom of Information Law simply
haven't been strong enough to ensure compliance and an open and trans-
parent government. This legislation provides another tool to deter ille-
gal conduct. It permits the assessment of civil penalties where the
court finds that an involved agency of the state had no reasonable basis
for denying access to public records of up to $1,500. Further, it
subjects an agency or public official not promptly complying with court
order under the provisions of this legislation to a civil penalty of not
more than $500 per day until the public records are provided.
LEGISLATIVE HISTORY:
2021-22: A6192
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6330
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to permitting
assessment of certain civil penalties 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:
1 Section 1. Paragraph (c) of subdivision 4 of section 89 of the public
2 officers law, as amended by chapter 453 of the laws of 2017, is amended
3 to read as follows:
4 (c) The court in such a proceeding: (i) may assess, against such agen-
5 cy involved, reasonable attorney's fees and other litigation costs
6 reasonably incurred by such person in any case under the provisions of
7 this section in which such person has substantially prevailed, and when
8 the agency failed to respond to a request or appeal within the statutory
9 time; and (ii) shall assess, against such agency involved, reasonable
10 attorney's fees and other litigation costs reasonably incurred by such
11 person in any case under the provisions of this section in which such
12 person has substantially prevailed and the court finds that the agency
13 had no reasonable basis for denying access. Where the court finds that
14 the agency had no reasonable basis for denying access, a civil penalty
15 of not more than fifteen hundred dollars may also be imposed. An agency
16 or public official who does not promptly comply with a court order under
17 this act is subject to a civil penalty of not more than five hundred
18 dollars per day until the public records are provided.
19 § 2. This act shall take effect on the first of September next
20 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.
LBD10653-01-3
