Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 11, 2015 |
tabled vetoed memo.278 |
Nov 30, 2015 |
delivered to governor |
Jun 16, 2015 |
returned to assembly passed senate substituted for s533b |
Jun 15, 2015 |
referred to rules delivered to senate passed assembly ordered to third reading rules cal.326 rules report cal.326 reported |
Jun 10, 2015 |
reported referred to rules |
Jun 08, 2015 |
reported referred to ways and means |
Jun 03, 2015 |
reported referred to codes |
May 28, 2015 |
print number 1438b |
May 28, 2015 |
amend and recommit to governmental operations |
Feb 19, 2015 |
print number 1438a |
Feb 19, 2015 |
amend and recommit to governmental operations |
Jan 12, 2015 |
referred to governmental operations |
Assembly Bill A1438B
Vetoed By Governor2015-2016 Legislative Session
Sponsored By
PAULIN
Archive: Last Bill Status - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
Sandy Galef
Anthony Brindisi
Kevin Cahill
Dov Hikind
multi-Sponsors
William Colton
Vivian Cook
Richard Gottfried
Donna Lupardo
2015-A1438 - Details
2015-A1438 - Summary
Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section 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.
2015-A1438 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1438 2015-2016 Regular Sessions I N A S S E M B L Y January 12, 2015 ___________ Introduced by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE, KAVANAGH, LAVINE, MAGNARELLI, ROBERTS, ROSENTHAL, TITONE, ZEBROWSKI, FAHY -- Multi-Sponsored by -- M. of A. COLTON, COOK, GOTTFRIED, LUPAR- DO, 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) 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. LBD01042-01-5
co-Sponsors
Sandy Galef
Anthony Brindisi
Kevin Cahill
Dov Hikind
multi-Sponsors
William Colton
Vivian Cook
Richard Gottfried
Donna Lupardo
2015-A1438A - Details
2015-A1438A - Summary
Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section 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.
2015-A1438A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1438--A 2015-2016 Regular Sessions I N A S S E M B L Y January 12, 2015 ___________ Introduced by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE, KAVANAGH, LAVINE, MAGNARELLI, ROBERTS, ROSENTHAL, TITONE, ZEBROWSKI, FAHY -- Multi-Sponsored by -- M. of A. COLTON, COOK, GOTTFRIED, LUPAR- DO, 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.] AND/OR WHEN 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 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 AND THE COURT FINDS THAT THE AGENCY HAD NO REASONABLE BASIS FOR DENYING ACCESS. A COURT MAY ALSO REQUIRE AGENCY PERSONNEL TO ATTEND TRAINING GIVEN BY THE COMMITTEE ON OPEN GOVERNMENT AND TO REPORT ALL FREEDOM OF INFORMATION LAW REQUESTS AND RESPONSES TO THE COMMITTEE FOR A PERIOD OF SIX MONTHS SUBSEQUENT TO SUCH TRAINING. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01042-02-5
co-Sponsors
Sandy Galef
Anthony Brindisi
Kevin Cahill
Dov Hikind
multi-Sponsors
William Colton
Vivian Cook
Richard Gottfried
Donna Lupardo
2015-A1438B (ACTIVE) - Details
2015-A1438B (ACTIVE) - Summary
Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section 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.
2015-A1438B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1438--B 2015-2016 Regular Sessions I N A S S E M B L Y January 12, 2015 ___________ Introduced by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE, KAVANAGH, LAVINE, MAGNARELLI, ROBERTS, ROSENTHAL, TITONE, ZEBROWSKI, FAHY -- Multi-Sponsored by -- M. of A. COLTON, COOK, GOTTFRIED, LUPAR- DO, 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 -- 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] 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/OR WHEN 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 AND THE COURT FINDS THAT THE AGENCY DENIED ACCESS IN MATERIAL VIOLATION OF THIS ARTI- CLE AND HAD NO REASONABLE BASIS FOR DENYING ACCESS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01042-04-5
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