S00533 Summary:
BILL NO | S00533B |
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SAME AS | SAME AS A01438-B |
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SPONSOR | GALLIVAN |
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COSPNSR | |
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MLTSPNSR | |
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Amd S89, Pub Off L | |
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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. |
S00533 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 533--B 2015-2016 Regular Sessions IN SENATE (Prefiled) January 7, 2015 ___________ 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 -- 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 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:9i. the agency had no reasonable basis for denying access; or10ii.] 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. LBD01042-05-5