Assembly Bill A9407

2011-2012 Legislative Session

Authorizes the court to issue reasonable attorneys' fees when an agency fails to respond to certain freedom of information requests

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A9407 (ACTIVE) - Details

See Senate Version of this Bill:
S6270
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2121, S108
2015-2016: A1438, S533

2011-A9407 (ACTIVE) - Summary

Provides that the court in such a proceeding 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 article when such person has substantially prevailed and the court finds that the agency had no reasonable basis for denying access to freedom of information requests.

2011-A9407 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9407

                          I N  A S S E M B L Y

                            February 28, 2012
                               ___________

Introduced by M. of A. PAULIN, GALEF, LATIMER, BRINDISI, CAHILL, HIKIND,
  JAFFEE,  KAVANAGH,  LAVINE,  LIFTON,  MAGNARELLI,  P. RIVERA, ROBERTS,
  ROSENTHAL, TITONE,  ZEBROWSKI  --  Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  COLTON,  COOK, GOTTFRIED, LUPARDO, ROBINSON, THIELE, WEISEN-
  BERG, WRIGHT -- read once and referred to  the  Committee  on  Govern-
  mental Operations

AN  ACT  to  amend  the  public  officers law, in relation to freedom of
  information requests and attorneys' fees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (c) of subdivision 4 of section 89 of the public
officers law, as amended by chapter 492 of the laws of 2006, is  amended
to read as follows:
  (c)  The  court  in  such a proceeding may assess, against such agency
involved, reasonable attorney's fees and other litigation costs  reason-
ably  incurred  by  such person in any case under the provisions of this
section in which such person has substantially prevailed[,] OR when[:
  i. the agency had no reasonable basis for denying access; or
  ii. the agency failed to respond to a request  or  appeal  within  the
statutory  time]  THE  AGENCY  FAILED  TO RESPOND TO A REQUEST OR APPEAL
WITHIN THE STATUTORY TIME.
  S 2. Subdivision 4 of section 89 of the public officers law is amended
by adding a new paragraph (d) to read as follows:
  (D) THE COURT IN SUCH A PROCEEDING SHALL ASSESS, AGAINST  SUCH  AGENCY
INVOLVED,  REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION COSTS REASON-
ABLY INCURRED BY SUCH PERSON IN ANY CASE UNDER THE  PROVISIONS  OF  THIS
ARTICLE WHEN SUCH PERSON HAS SUBSTANTIALLY PREVAILED AND THE COURT FINDS
THAT THE AGENCY HAD NO REASONABLE BASIS FOR DENYING ACCESS.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14021-01-2

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