|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
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S108 - Details
S108 - 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.
S108 - 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
S108 - 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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