senate Bill S6949C

2015-2016 Legislative Session

Relates to freedom of information requests and attorneys' fees

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 referred to ways and means
delivered to assembly
passed senate
Jun 14, 2016 amended on third reading 6949c
Jun 14, 2016 amended on third reading 6949b
Jun 08, 2016 ordered to third reading cal.1571
committee discharged and committed to rules
May 19, 2016 print number 6949a
May 19, 2016 amend and recommit to investigations and government operations
Mar 09, 2016 referred to investigations and government operations

S6949 - Details

See Assembly Version of this Bill:
A9506
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S2392, A2750

S6949 - 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.

S6949 - Sponsor Memo

S6949 - Bill Text download pdf

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

                                  6949

                            I N  S E N A T E

                              March 9, 2016
                               ___________

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) (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

S6949A - Details

See Assembly Version of this Bill:
A9506
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S2392, A2750

S6949A - 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.

S6949A - Sponsor Memo

S6949A - Bill Text download pdf

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

                                 6949--A

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  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 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.
                                                           LBD13918-08-6

S6949B - Details

See Assembly Version of this Bill:
A9506
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S2392, A2750

S6949B - 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.

S6949B - Sponsor Memo

S6949B - Bill Text download pdf

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

                                 6949--B
    Cal. No. 1571

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

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.
                                                           LBD13918-12-6

S6949C (ACTIVE) - Details

See Assembly Version of this Bill:
A9506
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2017-2018 Legislative Session:
S2392, A2750

S6949C (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.

S6949C (ACTIVE) - Sponsor Memo

S6949C (ACTIVE) - Bill Text download pdf

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

                                 6949--C
    Cal. No. 1571

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged and said bill  committed  to  the  Committee  on  Rules  --
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- again amended  and  ordered
  reprinted, retaining its place in the order of third reading

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
                      [ ] is old law to be omitted.
                                                           LBD13918-14-6

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