assembly Bill A2750A

Signed By Governor
2017-2018 Legislative Session

Relates to freedom of information requests and attorney's fees

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Sponsored By

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (17)
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
May 01, 2017 referred to investigations and government operations
delivered to senate
passed assembly
Apr 27, 2017 advanced to third reading cal.191
Apr 25, 2017 reported
Mar 13, 2017 reported referred to ways and means
Mar 07, 2017 reported referred to codes
Mar 02, 2017 print number 2750a
Mar 02, 2017 amend (t) and recommit to governmental operations
Jan 23, 2017 referred to governmental operations

Votes

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Jun 5, 2017 - floor Vote

A2750A
62
0
floor
62
Aye
0
Nay
0
Absent
1
Excused
0
Abstained
show floor vote details

Floor Vote: Jun 5, 2017

aye (62)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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Multi-Sponsors

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A2750 - Details

See Senate Version of this Bill:
S2392
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2015-2016 Legislative Session:
A9506, S6949

A2750 - Summary

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

A2750 - Bill Text download pdf 


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

                                  2750

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2017
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --  Multi-
  Sponsored  by  --  M.  of  A. COLTON, COOK, GOTTFRIED, LUPARDO, PERRY,
  THIELE, WRIGHT -- read once and referred to the Committee  on  Govern-
  mental 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

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Multi-Sponsors

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A2750A (ACTIVE) - Details

See Senate Version of this Bill:
S2392
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2015-2016 Legislative Session:
A9506, S6949

A2750A (ACTIVE) - Summary

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

A2750A (ACTIVE) - Bill Text download pdf 


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

                                 2750--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2017
                               ___________

Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
  KAVANAGH, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --  Multi-
  Sponsored  by  --  M.  of  A. COLTON, COOK, GOTTFRIED, LUPARDO, PERRY,
  THIELE, WRIGHT -- read once and referred to the Committee  on  Govern-
  mental  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.
                                                           LBD06775-02-7