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A02750 Summary:

BILL NOA02750A
 
SAME ASSAME AS S02392-A
 
SPONSORPaulin (MS)
 
COSPNSRGalef, Brindisi, Cahill, Hikind, Jaffee, Magnarelli, Rosenthal L, Titone, Zebrowski, Fahy, McDonald, Perry, Walker
 
MLTSPNSRColton, Cook, Gottfried, Lupardo, Thiele, Wright
 
Amd §89, Pub Off L
 
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.
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A02750 Actions:

BILL NOA02750A
 
01/23/2017referred to governmental operations
03/02/2017amend (t) and recommit to governmental operations
03/02/2017print number 2750a
03/07/2017reported referred to codes
03/13/2017reported referred to ways and means
04/25/2017reported
04/27/2017advanced to third reading cal.191
05/01/2017passed assembly
05/01/2017delivered to senate
05/01/2017REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/05/2017SUBSTITUTED FOR S2392A
06/05/20173RD READING CAL.640
06/05/2017PASSED SENATE
06/05/2017RETURNED TO ASSEMBLY
12/06/2017delivered to governor
12/13/2017signed chap.453
12/13/2017approval memo.33
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A02750 Text:



 
                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
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