Assembly Bill A1438B

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

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Archive: Last Bill Status - 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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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A1438 - Details

See Senate Version of this Bill:
S533
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9407, S6270
2013-2014: A2121, S108

2015-A1438 - 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-A1438 - Bill Text download pdf 

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

                                  1438

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, LAVINE, MAGNARELLI, ROBERTS, ROSENTHAL,  TITONE,  ZEBROWSKI,
  FAHY -- Multi-Sponsored by -- M. of A. COLTON, COOK, GOTTFRIED, LUPAR-
  DO,  PERRY,  ROBINSON, THIELE, WRIGHT -- read once and referred to the
  Committee on Governmental 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

co-Sponsors

multi-Sponsors

2015-A1438A - Details

See Senate Version of this Bill:
S533
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9407, S6270
2013-2014: A2121, S108

2015-A1438A - 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-A1438A - Bill Text download pdf 

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

                                 1438--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, LAVINE, MAGNARELLI, ROBERTS, ROSENTHAL,  TITONE,  ZEBROWSKI,
  FAHY -- Multi-Sponsored by -- M. of A. COLTON, COOK, GOTTFRIED, LUPAR-
  DO,  PERRY,  ROBINSON, THIELE, WRIGHT -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.
                                                           LBD01042-02-5

co-Sponsors

multi-Sponsors

2015-A1438B (ACTIVE) - Details

See Senate Version of this Bill:
S533
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9407, S6270
2013-2014: A2121, S108

2015-A1438B (ACTIVE) - 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-A1438B (ACTIVE) - Bill Text download pdf 

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

                                 1438--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, LAVINE, MAGNARELLI, ROBERTS, ROSENTHAL,  TITONE,  ZEBROWSKI,
  FAHY -- Multi-Sponsored by -- M. of A. COLTON, COOK, GOTTFRIED, LUPAR-
  DO,  PERRY,  ROBINSON, THIELE, WRIGHT -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  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.
                                                           LBD01042-04-5

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