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.
STATE OF NEW YORK
________________________________________________________________________
2750--A
2017-2018 Regular Sessions
IN ASSEMBLY
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:
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: (i) may assess, against such agen-
5 cy involved, reasonable attorney's fees and other litigation costs
6 reasonably incurred by such person in any case under the provisions of
7 this section in which such person has substantially prevailed, [when:
8 i. the agency had no reasonable basis for denying access; or
9 ii.] and when the agency failed to respond to a request or appeal
10 within the statutory time; and (ii) shall assess, against such agency
11 involved, reasonable attorney's fees and other litigation costs reason-
12 ably incurred by such person in any case under the provisions of this
13 section in which such person has substantially prevailed and the court
14 finds that the agency had no reasonable basis for denying access.
15 § 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