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 |
Senate Bill S6949A
2015-2016 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2015-S6949 - Details
- 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:
-
S2392
2015-S6949 - Sponsor Memo
BILL NUMBER: S6949 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 attorneys' fees when an agency denies access to freedom of information requests in clear disregard of the law and with no reasonable basis. SUMMARY OF PROVISIONS : Section 1 provides that the court shall award attorneys' fees when a party substantially prevails and when the court finds an agency denied access in clear disregard of the exceptions to rights of access in section eighty-seven of the freedom of information laws, and had no reasonable basis for denying access. Section 2 provides the effective date. JUSTIFICATION : When a public agency denies disclosure of information sought through a Freedom of Information Law (FOIL) request, one recourse for the denied party is to initiate a judicial proceeding to challenge the denial. A
2015-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
2015-S6949A - Details
- 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:
-
S2392
2015-S6949A - Sponsor Memo
BILL NUMBER: S6949A 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 attorneys' fees when an agency denies access to freedom of information requests and the party has substantially prevailed, unless the court finds that the position of such agency was substantially justified or that special circumstances make such assessment unjust. SUMMARY OF PROVISIONS : Section 1 provides that the court shall award attorneys' fees when a party substantially prevails, unless the court finds that the position of such agency was substantially justified or that special circumstances make such assessment unjust. Section 2 provides the effective date. JUSTIFICATION :
2015-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
2015-S6949B - Details
- 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:
-
S2392
2015-S6949B - Sponsor Memo
BILL NUMBER: S6949B 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 attorneys' fees when an agency denies access to freedom of information requests and the party 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 if 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. SUMMARY OF PROVISIONS : Section 1 provides that the court shall award attorneys' fees when a party substantially prevails and when the court finds an agency denied access in clear disregard of the exceptions to rights of access in section eighty-seven of the freedom of information laws, and had no reasonable basis for denying access. Section 2 provides the effective date.
2015-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
2015-S6949C (ACTIVE) - Details
- 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:
-
S2392
2015-S6949C (ACTIVE) - Sponsor Memo
BILL NUMBER: S6949C 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 attorneys' fees when an agency denies access to freedom of information requests and the party 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 if 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. SUMMARY OF PROVISIONS : Section 1 provides that the court shall award attorneys' fees when a party substantially prevails, unless the court finds that the position of such agency was substantially justified or that special circumstances make such assessment unjust; or if 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
2015-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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