New York S 6599: 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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S06599 Summary:

BILL NOS06599 

&nbsp

SAME ASSAME AS A09340

&nbsp

SPONSORJACKSON

&nbsp

COSPNSRHOYLMAN-SIGAL

&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 S06599 Actions:

BILL NOS06599 

&nbsp

03/18/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

05/28/20251ST REPORT CAL.1443

05/29/20252ND REPORT CAL.

06/04/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

03/10/20261ST REPORT CAL.531

03/11/20262ND REPORT CAL.

03/12/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS06599 Committee&nbspVotes:

Go to topS06599 Floor&nbspVotes:

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

Go to topS06599 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6599

 2025-2026 Regular Sessions

 IN SENATE

 March 18, 2025
 ___________

 Introduced by Sens. JACKSON, HOYLMAN-SIGAL -- read twice and ordered
 printed, and when printed to be committed to the Committee on Investi-
 gations 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 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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