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Assembly Bill A9506C

2015-2016 Legislative Session

Relates to freedom of information requests and attorneys' fees

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A9506 - Details

See Senate Version of this Bill:
S6949
Current Committee:
Assembly Ways And Means
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
A2750, S2392

2015-A9506 - Summary

Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorneys' fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.

2015-A9506 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9506

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, LAVINE, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --
  Multi-Sponsored  by  --  M.  of  A.  COLTON, COOK, GOTTFRIED, LUPARDO,
  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:

  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) (1) The court in such a proceeding may assess, against such agency
involved,  reasonable  [attorney's] ATTORNEYS' fees and other litigation
costs  reasonably  incurred  by  such  person  in  any  case  under  the
provisions  of  this  section  in  which  such  person has substantially
prevailed, [when:
  i. the agency had no reasonable basis for denying access; or
  ii.] AND WHEN the agency failed to respond  to  a  request  or  appeal
within the statutory time.
  (2)  THE  COURT  IN  SUCH 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
SECTION IN WHICH SUCH PERSON HAS SUBSTANTIALLY PREVAILED AND  THE  COURT
FINDS THAT THE AGENCY DENIED ACCESS IN CLEAR DISREGARD OF THE EXCEPTIONS
TO  RIGHTS  OF ACCESS IN SECTION EIGHTY-SEVEN OF THIS ARTICLE AND HAD NO
REASONABLE BASIS FOR DENYING ACCESS.
  S2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13918-02-6

co-Sponsors

multi-Sponsors

2015-A9506A - Details

See Senate Version of this Bill:
S6949
Current Committee:
Assembly Ways And Means
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
A2750, S2392

2015-A9506A - Summary

Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorneys' fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.

2015-A9506A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9506--A

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, LAVINE, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --
  Multi-Sponsored  by  --  M.  of  A.  COLTON, COOK, GOTTFRIED, LUPARDO,
  PERRY, ROBINSON, THIELE, WRIGHT --  read  once  and  referred  to  the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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, 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  COURT  IN  SUCH  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
SECTION IN WHICH SUCH PERSON  HAS  SUBSTANTIALLY  PREVAILED  UNLESS  THE
COURT FINDS THAT THE POSITION OF SUCH AGENCY WAS SUBSTANTIALLY JUSTIFIED
OR THAT SPECIAL CIRCUMSTANCES MAKE SUCH ASSESSMENT UNJUST.
  S2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13918-07-6

co-Sponsors

multi-Sponsors

2015-A9506B - Details

See Senate Version of this Bill:
S6949
Current Committee:
Assembly Ways And Means
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
A2750, S2392

2015-A9506B - Summary

Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorneys' fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.

2015-A9506B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9506--B

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, LAVINE, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --
  Multi-Sponsored  by  --  M.  of  A.  COLTON, COOK, GOTTFRIED, LUPARDO,
  PERRY, ROBINSON, THIELE, WRIGHT --  read  once  and  referred  to  the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee -- reported and referred to the Committee on Codes -- reported and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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, 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  COURT  IN  SUCH  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
SECTION IN WHICH SUCH PERSON  HAS  SUBSTANTIALLY  PREVAILED  UNLESS  THE
COURT FINDS THAT THE POSITION OF SUCH AGENCY WAS SUBSTANTIALLY JUSTIFIED
OR THAT SPECIAL CIRCUMSTANCES MAKE SUCH ADJUSTMENT; OR THE AGENCY FAILED
TO  RESPOND TO A REQUEST OR APPEAL WITHIN THE STATUTORY TIME, UNLESS THE
COURT FINDS THAT THE AGENCY PROVIDED SUBSTANTIVE EVIDENCE  OF  INABILITY
TO COMPLY.
  S 2.  This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2015-A9506C (ACTIVE) - Details

See Senate Version of this Bill:
S6949
Current Committee:
Assembly Ways And Means
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
A2750, S2392

2015-A9506C (ACTIVE) - Summary

Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorneys' fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.

2015-A9506C (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9506--C

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, LAVINE, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --
  Multi-Sponsored  by  --  M.  of  A.  COLTON, COOK, GOTTFRIED, LUPARDO,
  PERRY, ROBINSON, THIELE, WRIGHT --  read  once  and  referred  to  the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee -- reported and referred to the Committee on Codes -- reported and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

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, 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 COURT  IN  SUCH  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
SECTION  IN  WHICH  SUCH  PERSON  HAS SUBSTANTIALLY PREVAILED UNLESS THE
COURT FINDS THAT THE POSITION OF SUCH AGENCY WAS SUBSTANTIALLY JUSTIFIED
OR THAT SPECIAL CIRCUMSTANCES MAKE SUCH ASSESSMENT UNJUST; OR THE AGENCY
FAILED TO RESPOND TO A REQUEST OR  APPEAL  WITHIN  THE  STATUTORY  TIME,
UNLESS  THE COURT FINDS THAT THE AGENCY PROVIDED SUBSTANTIVE EVIDENCE OF
INABILITY TO COMPLY.
  S 2.  This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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