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.
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
