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A01438 Summary:

A01438 Actions:

A01438 Committee Votes:

A01438 Floor Votes:

A01438 Text:

 
                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