What's happening
This bill allows courts to require agencies to pay attorney's fees and costs for wrongfully denying access to records under New York's Freedom of Information Law.
Why it matters
Increases government accountability. by making agencies financially responsible for unreasonable denials of public records, which can deter arbitrary or unjustified refusals and incentivize compliance with transparency laws.
Reduces barriers for individuals and organizations. seeking public information, as the risk of recovering attorney’s fees and costs can make it more feasible for people to challenge wrongful denials without fear of prohibitive legal expenses.
Covers several key situations. where agencies might be liable for fees: if a requester substantially prevails and the agency lacked a reasonable basis for denial, if the agency fails to respond within legal deadlines, or if records are released only after court action and the denial lacked legal justification.
Protects existing legal remedies. by clarifying that this law does not replace or limit other rights to seek attorney’s fees under New York’s general civil practice rules, ensuring broad support for transparency and access to public records.
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Who cares
Headline styles
Penalize Records Denial Fees
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.539
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7835
IN SENATE
February 25, 2020
Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 4 of section 89 of the public officers law, as amended by chapter 453 of the laws of 2017, is amended to read as follows:
(c) The court in such a proceeding[: (i)] may assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this [section in which] article in which:
(i) such person has substantially prevailed[,] and [when] the court finds that such agency had no such reasonable basis for denying access; or
(ii) the agency failed to respond to a request or appeal within the statutory time; [and (ii) shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed] or
(iii) the record is substantially disclosed following the initiation of such proceeding but prior to a judicial determination and the court finds that the agency [had no] lacked a reasonable basis in law for [denying access] withholding the record.
Nothing contained herein shall be construed to abridge or deny any right or remedy available under article eighty-six of the civil practice law and rules.
§ 2. This act shall take effect on the first of September next 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.
LBD14780-01-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
This bill is intended to clarify certain provisions in the Freedom of Information Law (FOIL) thereby demonstrating a continued affirmation by the state to the principles of open government and public accountabil- ity.
Summary of provisions
Section 1. Amends Public Officers Law to provide that in an Article 78 proceeding brought to review a FOIL request, the court may assess against the public agency involved, reasonable attorney's fees and liti- gation costs when the plaintiff has substantially prevailed and the agency lacked a reasonable basis in law for withholding the record.
Section 2. Sets forth the effective date.
Justification
FOIL provisions advance the premise that people have a right to know the process of governmental decision making. This bill enforces such a right by discouraging public agencies from denying public access to records unless a reasonable basis in law exists. The enactment of this bill would provide the court with broader discretionary authority to award fees thereby discouraging public bodies from arbitrarily or capriciously denying access to records. People should not be forced to spend money and time on judicial proceedings, to gain access to records that agen- cies should have disclosed in the first place.
Prior legislative history
A3743 Carroll of 2017-18: Died A2741 Brennan of 2015-16: Died A4368 Brennan of 2013-14: Died in Governmental Operations
Fiscal implications
The long-term effect of this bill should result in savings for the state and local governments. The assessment of attorney's fees and costs against public agencies should encourage them to grant access to public records-since denial without a reasonable basis in law could result in a significant expenditure.
Moreover, the assessment of fees and litigation costs under specific circumstances could increase the likelihood of settlements of disputes without court involvement and encourage reliance on the Committee on Open Government for advice or as a mediator in a dispute.
Effective date
The first of September next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.