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.
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
