Assembly Bill A2750A

Signed By Governor
2017-2018 Legislative Session

Relates to freedom of information requests and attorney's fees

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A2750 - Details

See Senate Version of this Bill:
S2392
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2015-2016 Legislative Session:
A9506, S6949

2017-A2750 - Summary

Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorney's fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.

2017-A2750 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2750
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
   KAVANAGH, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --  Multi-
   Sponsored  by  --  M.  of  A. COLTON, COOK, GOTTFRIED, LUPARDO, PERRY,
   THIELE, 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] 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  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 LITI-
 GATION  COSTS  REASONABLY  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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06775-01-7

co-Sponsors

multi-Sponsors

2017-A2750A (ACTIVE) - Details

See Senate Version of this Bill:
S2392
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2015-2016 Legislative Session:
A9506, S6949

2017-A2750A (ACTIVE) - Summary

Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorney's fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.

2017-A2750A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2750--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
   KAVANAGH, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --  Multi-
   Sponsored  by  --  M.  of  A. COLTON, COOK, GOTTFRIED, LUPARDO, PERRY,
   THIELE, WRIGHT -- read once and referred to the Committee  on  Govern-
   mental  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 attorney's 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: (I) may assess, against such agen-
 cy involved, reasonable  attorney's  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 WHEN the agency failed to respond  to  a  request  or  appeal
 within  the  statutory  time; AND (II) 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06775-02-7

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