Bill Text: NY A01438 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Vetoed) 0000-00-00 - [A01438 Detail]

Download: New_York-2015-A01438-Introduced.html

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                           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:
    1    Section 1. Paragraph (c) of subdivision 4 of section 89 of the  public
    2  officers  law, as amended by chapter 492 of the laws of 2006, is amended
    3  to read as follows:
    4    (c) The court in such a proceeding may  assess,  against  such  agency
    5  involved,  reasonable attorney's fees and other litigation costs reason-
    6  ably incurred by such person in any case under the  provisions  of  this
    7  section in which such person has substantially prevailed[,] OR when[:
    8    i. the agency had no reasonable basis for denying access; or
    9    ii.  the  agency  failed  to respond to a request or appeal within the
   10  statutory time] THE AGENCY FAILED TO RESPOND  TO  A  REQUEST  OR  APPEAL
   11  WITHIN THE STATUTORY TIME.
   12    S 2. Subdivision 4 of section 89 of the public officers law is amended
   13  by adding a new paragraph (d) to read as follows:
   14    (D)  THE  COURT IN SUCH A PROCEEDING SHALL ASSESS, AGAINST SUCH AGENCY
   15  INVOLVED, REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION COSTS  REASON-
   16  ABLY  INCURRED  BY  SUCH PERSON IN ANY CASE UNDER THE PROVISIONS OF THIS
   17  ARTICLE WHEN SUCH PERSON HAS SUBSTANTIALLY PREVAILED AND THE COURT FINDS
   18  THAT THE AGENCY HAD NO REASONABLE BASIS FOR DENYING ACCESS.
   19    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