senate Bill S108

2013-2014 Legislative Session

Authorizes the court to issue reasonable attorneys' fees when an agency fails to respond to certain freedom of information requests

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

S108 - Details

See Assembly Version of this Bill:
A2121
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in 2011-2012 Legislative Session:
S6270, A9407

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

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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