| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to investigations and government operations |
| Jan 09, 2013 |
referred to investigations and government operations |
Senate Bill S108
2013-2014 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
Actions
2013-S108 (ACTIVE) - Details
2013-S108 (ACTIVE) - Summary
Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably 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 to freedom of information requests.
2013-S108 (ACTIVE) - Sponsor Memo
BILL NUMBER:S108
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
2013-S108 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
108
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
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-
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.
LBD01979-01-3
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