NY State Senate Bill 2015-S533B

Senate Bill S533B

Vetoed By Governor

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A1438 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	tabled vetoed memo.278
Nov 30, 2015	delivered to governor
Jun 16, 2015	returned to assembly passed senate substituted for s533b
Jun 16, 2015	substituted by a1438b ordered to third reading cal.1601 committee discharged and committed to rules
Jun 02, 2015	print number 533b
Jun 02, 2015	amend and recommit to investigations and government operations
Feb 17, 2015	print number 533a
Feb 17, 2015	amend and recommit to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Votes

- Jun 16, 2015 - Floor Vote
  A1438
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 16, 2015 - Rules Committee Vote
  S533B
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Montgomery
      
      Perkins

Bill Amendments

Original

B (Active)

2015-S533 - Details

See Assembly Version of this Bill:: A1438
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6270, A9407
2013-2014: S108, A2121

2015-S533 - Summary

Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section 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.

2015-S533 - Sponsor Memo

                                 BILL NUMBER:  S533

 TITLE OF BILL :  An act to amend the public officers law, in relation
to freedom of information requests and attorneys' fees

 PURPOSE :

To require the court to issue reasonable attorney's fees when an
agency fails to respond to certain freedom of information requests and
discretion to issue reasonable attorney's fees in other circumstances.

 SUMMARY OF PROVISIONS :

Section 1. Allows a court discretion to award attorney's fees when a
party substantially prevails or when an agency fails to respond within
the statutory period.

Section 2. Requires the award of attorney's fees when agency denial of
information cannot be justified.

Section 3. Effective date.

 JUSTIFICATION :

When a public agency denies disclosure of information sought through a
Freedom of Information request, the only recourse for the denied party

is to initiate a judicial proceeding to challenge the denial. A
judicial proceeding to challenge an agency's denial of disclosure is a
costly endeavor in both time and money. The full proceeding can take
several months from the time of filing to the exhaustion of all
appeals. In addition, the cost of hiring an attorney can be
significant depending on the length and scope of the proceedings.
Under the current Freedom of Information law, the average individual
simply cannot afford to take a government agency to trial just to
exercise their right to access public information.

This bill will only require attorney's fees in the most egregious of
agency denials, when there is no reasonable basis for the denial. The
courts will still retain the discretion to grant attorney's fees when
a petitioner substantially prevails but the agency had a reasonable
basis for the initial denial.

Open and responsive governments should not and cannot tolerate
secrecy. By providing attorneys fees for people who succeed in
challenging an agency's unlawful concealment of information, New York
continues its commitment to transparency.

 LEGISLATIVE HISTORY :

2013-14. S.108/A.2121 Referred to Investigations and Governmental
Operations
2011-12. S.6270/A.9407 Referred to Investigations and Governmental
Operations

 EFFECTIVE DATE :
Immediately.

2015-S533 - Bill Text download pdf

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

                                   533

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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.
                                                           LBD01042-01-5

2015-S533A - Details

See Assembly Version of this Bill:: A1438
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6270, A9407
2013-2014: S108, A2121

2015-S533A - Summary

2015-S533A - Sponsor Memo

                                BILL NUMBER:S533A

TITLE OF BILL:  An act to amend the public officers law, in relation
to freedom of information requests and attorneys' fees

PURPOSE:

To require the court to issue reasonable attorney's fees when an
agency fails to respond to certain freedom of information requests and
discretion to issue reasonable attorney's fees in other circumstances.

SUMMARY OF PROVISIONS:

Section 1. Provides the factors the court should weigh when using
discretion to award attorney's fees when a party substantially
prevails or when an agency fails to respond within the statutory
period. Additionally, the court may require training on freedom of
information law compliance and supervision of all freedom of
information requests by the committee on open government.

Section 2. Effective date.

JUSTIFICATION:

When a public agency denies disclosure of information sought through a
Freedom of Information request, the only recourse for the denied party

is to initiate a judicial proceeding to challenge the denial. A
judicial proceeding to challenge an agency's denial of disclosure is a
costly endeavor in both time and money. The full proceeding can take
several months from the time of filing to the exhaustion of all
appeals. In addition, the cost of hiring an attorney can be
significant depending on the length and scope of the proceedings.
Under the current Freedom of Information law, the average individual
simply cannot afford to take a government agency to trial just to
exercise their right to access public information.

This bill gives the court factors to consider when awarding attorney's
fees when a petitioner substantially prevails or when an agency fails
to respond in the statutory time. Additionally, the court is empowered
to take measure to ensure compliance in the future.

Open and responsive governments should not and cannot tolerate
secrecy. By providing attorney's fees for people who succeed in
challenging an agency's unlawful concealment of information, New York
continues its commitment to transparency.

LEGISLATIVE HISTORY:

2013-14: S.108/A.2121 Referred to Investigations and Governmental
Operations
2011-12: S.6270/A.9407 Referred to Investigations and Governmental
Operations

EFFECTIVE DATE:

Immediately.

2015-S533A - Bill Text download pdf

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

                                 533--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

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, [when:
  i. the agency had no reasonable basis for denying access; or
  ii.] AND/OR WHEN the agency failed to respond to a request  or  appeal
within the statutory time.
  THE  COURT  IN  SUCH  PROCEEDING  SHALL  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 AND  THE  COURT
FINDS  THAT  THE  AGENCY  HAD NO REASONABLE BASIS FOR DENYING ACCESS.  A
COURT MAY ALSO REQUIRE AGENCY PERSONNEL TO ATTEND TRAINING GIVEN BY  THE
COMMITTEE  ON  OPEN  GOVERNMENT AND TO REPORT ALL FREEDOM OF INFORMATION
LAW REQUESTS AND RESPONSES TO THE COMMITTEE FOR A PERIOD OF  SIX  MONTHS
SUBSEQUENT TO SUCH TRAINING.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01042-03-5

2015-S533B (ACTIVE) - Details

See Assembly Version of this Bill:: A1438
Law Section:: Public Officers Law
Laws Affected:: Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6270, A9407
2013-2014: S108, A2121

2015-S533B (ACTIVE) - Summary

2015-S533B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S533B

TITLE OF BILL:  An act to amend the public officers law, in relation
to freedom of information requests and attorneys' fees

PURPOSE:

To require the court to issue reasonable attorney's fees when an
agency fails to respond to certain freedom of information requests and
discretion to issue reasonable attorney's fees in other circumstances.

SUMMARY OF PROVISIONS:

Section 1. Provides the factors the court should weigh when using
discretion to award attorney's fees when a party substantially
prevails or when an agency fails to respond within the statutory
period.

Section 2. Effective date.

JUSTIFICATION:

When a public agency denies disclosure of information sought through a
Freedom of Information request, the only recourse for the denied party
is to initiate a judicial proceeding to challenge the denial. A
judicial proceeding to challenge an agency's denial of disclosure is a

costly endeavor in both time and money. The full proceeding can take
several months from the time of filing to the exhaustion of all
appeals. In addition, the cost of hiring an attorney can be
significant depending on the length and scope of the proceedings,
Under the current Freedom of Information law, the average individual
simply cannot afford to take a government agency to trial just to
exercise their right to access public information.

This bill gives the court factors to consider when awarding attorney's
fees when a petitioner substantially prevails or when an agency fails
to respond in the statutory time.

Open and responsive governments should not and cannot tolerate
secrecy. By providing attorney's fees for people who succeed in
challenging an agency's unlawful concealment of information, New York
continues its commitment to transparency.

LEGISLATIVE HISTORY:

2013-14: S.108/A.2121 Referred to Investigations and Governmental
Operations
2011-12: S.6270/A.9407 Referred to Investigations and Governmental
Operations

EFFECTIVE DATE:

Immediately.

2015-S533B (ACTIVE) - Bill Text download pdf

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

                                 533--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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] ATTORNEYS' 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, [when:
  i. the agency had no reasonable basis for denying access; or
  ii.] AND/OR WHEN the agency failed to respond to a request  or  appeal
within the statutory time.
  THE  COURT  IN  SUCH  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
SECTION IN WHICH SUCH PERSON HAS SUBSTANTIALLY PREVAILED AND  THE  COURT
FINDS  THAT THE AGENCY DENIED ACCESS IN MATERIAL VIOLATION OF THIS ARTI-
CLE AND HAD NO REASONABLE BASIS FOR DENYING ACCESS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01042-05-5

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