Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 13, 2017 |
approval memo.33 signed chap.453 |
Dec 06, 2017 |
delivered to governor |
Jun 05, 2017 |
returned to assembly passed senate 3rd reading cal.640 substituted for s2392a |
Jun 05, 2017 |
substituted by a2750a |
May 01, 2017 |
advanced to third reading |
Apr 26, 2017 |
2nd report cal. |
Apr 25, 2017 |
1st report cal.640 |
Mar 02, 2017 |
print number 2392a |
Mar 02, 2017 |
amend (t) and recommit to investigations and government operations |
Jan 13, 2017 |
referred to investigations and government operations |
Senate Bill S2392A
Signed By Governor2017-2018 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status Via A2750 - Signed by Governor
- 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
2017-S2392 - Details
2017-S2392 - Sponsor Memo
BILL NUMBER: S2392 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 petitioner has substantially prevailed and the court finds that the agency involved had no reasonable basis for denying access to the records sought. SUMMARY OF PROVISIONS : Section 1 amends subdivision 4 of section 89 of the public officers law to provide that the court in a proceeding related to a denial of access to records pursuant to a freedom of information request may asses, against such agency involved in the denial, reasonable attorneys' fees and other litigation costs reasonably incurred by the petitioner in any case under the provisions of this section in which the petitioner has substantially prevailed and when the agency failed to respond to a request or appeal within the statutory time. In addition, section one provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees
2017-S2392 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2392 2017-2018 Regular Sessions I N S E N A T E January 13, 2017 ___________ 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] 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. THE COURT IN SUCH PROCEEDING SHALL ASSESS, AGAINST SUCH AGENCY INVOLVED, REASONABLE ATTORNEYS' FEES AND OTHER LITI- GATION COSTS REASONABLY 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. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06775-01-7
co-Sponsors
(D, WF) 47th Senate District
(R, C, IP) Senate District
2017-S2392A (ACTIVE) - Details
2017-S2392A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2392A TITLE OF BILL : An act to amend the public officers law, in relation to freedom of information requests and attorney's fees PURPOSE : To require the court to issue reasonable attorneys' fees when an agency denies access to freedom of information requests and the petitioner has substantially prevailed and the court finds that the agency involved had no reasonable basis for denying access to the records sought. SUMMARY OF PROVISIONS : Section 1 amends subdivision 4 of section 89 of the public officers law to provide that the court in a proceeding related to a denial of access to records pursuant to a freedom of information request may asses, against such agency involved in the denial, reasonable attorneys' fees and other litigation costs reasonably incurred by the petitioner in any case under the provisions of this section in which the petitioner has substantially prevailed and when the agency failed to respond to a request or appeal within the statutory time. In addition, section one provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees
2017-S2392A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2392--A 2017-2018 Regular Sessions I N S E N A T E January 13, 2017 ___________ 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 attorney's 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: (I) may assess, against such agen- cy involved, reasonable attorney's 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; AND (II) 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. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06775-03-7
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