Bill Text: NY S02392 | 2017-2018 | General Assembly | Amended

New York Senate Bill 2392 (Prior Session Legislation)

Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2017-06-05 - SUBSTITUTED BY A2750A [S02392 Detail]

Download: New_York-2017-S02392-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         2392--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        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
        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.
                                                                   LBD06775-03-7