senate Bill S2392A

Signed By Governor
2017-2018 Legislative Session

Relates to freedom of information requests and attorney's fees

download bill text pdf

Sponsored By

Current Bill Status Via A2750 - 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 (14)
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

Votes

view votes

Apr 25, 2017 - Investigations and Government Operations committee Vote

S2392A
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Apr 25, 2017

S2392 - Details

See Assembly Version of this Bill:
A2750A
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2015-2016 Legislative Session:
S6949C, A9506C

S2392 - 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.

S2392 - Sponsor Memo

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.
  S 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

S2392A (ACTIVE) - Details

See Assembly Version of this Bill:
A2750A
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in 2015-2016 Legislative Session:
S6949C, A9506C

S2392A (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.

S2392A (ACTIVE) - Sponsor Memo

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.
  S 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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