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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1438B
SPONSOR: Paulin (MS) TITLE OF BILL:
An act to amend the public officers law, in relation to freedom of
information requests and attorneys' fees
PURPOSE OR GENERAL IDEA OF BILL:
To require the court to issue reasonable attorneys' fees when an agency
denies access to freedom of information requests in material violation
of the law and with no reasonable basis.
SUMMARY OF SPECIFIC 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 material violation of the freedom of information laws, and had
no reasonable basis for denying access.
Section 2. Provides for an immediate 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
judicial proceeding to challenge an agency's denial of disclosure is a
costly endeavor in both time and money. The full proceeding can take
several months from the time of filing to the exhaustion of all appeals.
In addition, the cost of hiring an attorney can be significant depending
on the length and scope of the proceedings. Often, citizens simply
cannot afford to take a government agency to trial to exercise their
right to access public Information.
This bill requires the court to award attorneys' fees when a party
substantially prevails and when the court finds an agency denied access
in material violation of the freedom of information laws, and had no
reasonable basis for denying access.
PRIOR LEGISLATIVE HISTORY:
A.2121 of 2013 and 2014, referred to governmental operation.
A.9407 of 2012, referred to governmental operations.
Same as S.108 of 2013 and 2014, referred to government operations.
S.6270 of 2012, referred to investigations and government operations.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1438--B
2015-2016 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Paragraph (c) of subdivision 4 of section 89 of the public
2 officers law, as amended by chapter 492 of the laws of 2006, is amended
3 to read as follows:
4 (c) The court in such a proceeding may assess, against such agency
5 involved, reasonable [attorney's] attorneys' fees and other litigation
6 costs reasonably incurred by such person in any case under the
7 provisions of this section in which such person has substantially
8 prevailed, [when:
9 i. the agency had no reasonable basis for denying access; or
10 ii.] and/or when the agency failed to respond to a request or appeal
11 within the statutory time.
12 The court in such proceeding shall assess, against such agency
13 involved, reasonable attorneys' fees and other litigation costs reason-
14 ably incurred by such person in any case under the provisions of this
15 section in which such person has substantially prevailed and the court
16 finds that the agency denied access in material violation of this arti-
17 cle and had no reasonable basis for denying access.
18 § 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
