Bill Text: NY A09506 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorneys' fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2016-06-15 - print number 9506c [A09506 Detail]

Download: New_York-2015-A09506-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9506--B
                   IN ASSEMBLY
                                     March 10, 2016
                                       ___________
        Introduced  by M. of A. PAULIN, GALEF, BRINDISI, CAHILL, HIKIND, JAFFEE,
          KAVANAGH, LAVINE, MAGNARELLI, ROSENTHAL, TITONE,  ZEBROWSKI,  FAHY  --
          Multi-Sponsored  by  --  M.  of  A.  COLTON, COOK, GOTTFRIED, LUPARDO,
          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 -- reported and referred to the Committee on Codes -- reported and
          referred  to  the Committee on Ways and Means -- 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 fees and other litigation costs  reason-
     6  ably  incurred  by  such person in any case under the provisions of this
     7  section in which such person has substantially prevailed, when:
     8    i. the agency had no reasonable basis for denying access; or
     9    ii.  the agency failed to respond to a request or  appeal  within  the
    10  statutory time.]
    11    The  court  in  such  proceeding  shall  assess,  against  such agency
    12  involved, reasonable attorneys' fees and other litigation costs  reason-
    13  ably  incurred  by such person, in any case under the provisions of this
    14  section in which such person  has  substantially  prevailed  unless  the
    15  court finds that the position of such agency was substantially justified
    16  or that special circumstances make such adjustment; or the agency failed
    17  to  respond to a request or appeal within the statutory time, unless the
    18  court finds that the agency provided substantive evidence  of  inability
    19  to comply.
    20    § 2.  This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13918-11-6