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AB3743 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
        Introduced by M. of A. CARROLL, TITONE, ROSENTHAL, WEPRIN -- Multi-Spon-
          sored  by  --  M.    of  A.  COLTON,  COOK, GOTTFRIED -- 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 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:
     1    Section 1. Paragraph (c) of subdivision 4 of section 89 of the  public
     2  officers  law, as amended by chapter 492 of the laws of 2006, is amended
     3  to read as follows:
     4    (c) The court in such a proceeding may  assess,  against  such  agency
     5  involved,  reasonable attorney's fees and other litigation costs reason-
     6  ably incurred by such person in any case under the  provisions  of  this
     7  [section]  article  in  which  [such person has substantially prevailed,
     8  when]:
     9    i. such person has substantially  prevailed  and  the  agency  had  no
    10  reasonable basis for denying access; or
    11    ii.  the  agency  failed  to respond to a request or appeal within the
    12  statutory time; or
    13    iii. the record is substantially disclosed following the initiation of
    14  such proceeding but prior to a judicial  determination  and  the  agency
    15  lacked a reasonable basis in law for withholding the record.
    16    Nothing  contained  herein  shall  be construed to abridge or deny any
    17  right or remedy available under article eighty-six of the civil practice
    18  law and rules.
    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.
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