New York A 9340: Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law

Bill Text

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A09340 Summary:

BILL NOA09340 

&nbsp

SAME ASSAME AS S06599

&nbsp

SPONSORSchiavoni

&nbsp

COSPNSRCarroll R

&nbsp

MLTSPNSR

&nbsp

Amd §89, Pub Off L

&nbsp

Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law when either the person has substantially prevailed, or if the agency failed to respond within the statutory time.

Go to top A09340 Actions:

BILL NOA09340 

&nbsp

12/10/2025referred to governmental operations

01/07/2026referred to governmental operations

03/17/2026reported referred to codes

03/24/2026reported referred to ways and means

Go to topA09340 Committee&nbspVotes:

Committee:GOVERNMENTAL OPERATIONS Chair:McDonald 
DATE:03/17/2026AYE/NAY:14/0 Action: Favorable refer to committee Codes McDonaldAyeBeephanAye

GlickAyeSimpsonAye

KimAyeNovakhovAye

Bichotte HermelAyeNorberAye

WilliamsAye

RagaAye

SimoneAye

ShimskyAye

KassayAye

BurroughsAye

Committee:CODES Chair:Dinowitz 
DATE:03/24/2026AYE/NAY:18/0 Action: Favorable refer to committee Ways and Means DinowitzAyeMorinelloAye

CookExcusedReillyAye

LavineAyeMikulinAye

WeprinAyeTannousisAye

HevesiAyeAngelinoAye

SeawrightAyeMolitorAye

RosenthalAye

WalkerAye

VanelAye

CruzAye

BoresAye

ReyesAye

CunninghamExcused

RomeroExcused

AlvarezAye

TaylorExcused

Go to topA09340 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09340 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9340

 2025-2026 Regular Sessions

 IN ASSEMBLY

 December 10, 2025
 ___________

 Introduced by M. of A. SCHIAVONI, R. CARROLL -- 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 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] article in which such person has substantially prevailed,
 8 [and when] or in which the agency failed to respond to a request or
 9 appeal within the statutory time; and (ii) shall assess, against such
 10 agency involved, reasonable attorney's fees and other litigation costs
 11 reasonably incurred by such person in any case under the provisions of
 12 this [section] article in which such person has substantially prevailed
 13 and the court finds that the agency had no reasonable basis for denying
 14 access. Nothing contained herein shall be construed to abridge or deny
 15 any right or remedy available under article eighty-six of the civil
 16 practice law and rules.
 17 § 2. This act shall take effect on the first of September next
 18 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.
 LBD11124-01-5

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