S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
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.