Authorizes the assessment of attorney's fees and other litigation costs incurred upon wrongful denial of access to records under Freedom of Information Law without a finding of significant interest to the general public as previously required.
STATE OF NEW YORK
________________________________________________________________________
3743
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.
LBD08437-01-7
