A02750 Summary:

BILL NOA02750A
 
SAME ASSAME AS S02392-A
 
SPONSORPaulin
 
COSPNSRGalef, Brindisi, Cahill, Hikind, Jaffee, Kavanagh, 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 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Peoples-Stokes DATE:03/07/2017AYE/NAY:13/0 Action: Favorable refer to committee Codes
Peoples-StokesAyeJohnsAye
GalefAyeGoodellAye
BenedettoAyeLalorAye
GlickAyeByrneAye
KimAye
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye

CODES Chair:Lentol DATE:03/13/2017AYE/NAY:20/0 Action: Favorable refer to committee Ways and Means
LentolAyeGrafAye
SchimmingerAyeGiglioAye
WeinsteinAyeMcKevittAye
PretlowAyeMontesanoAye
CookAyeRaAye
CymbrowitzAyeMorinelloAye
TitusAbsent
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiExcused
FahyAye

WAYS AND MEANS Chair:Farrell DATE:04/25/2017AYE/NAY:31/0 Action: Favorable
FarrellAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttExcusedFitzpatrickAye
WeinsteinAyeHawleyAye
GlickAyeMalliotakisAye
NolanExcusedWalterAye
PretlowAyeMontesanoAye
PerryAyeCurranAye
ColtonAyeRaAye
CookAye
CahillAye
AubryAye
HooperExcused
ThieleAye
CusickAye
OrtizAye
BenedettoAye
MoyaExcused
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye

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A02750 Floor Votes:

DATE:05/01/2017Assembly Vote  YEA/NAY: 135/1
AbbateYCrouchYGoodellYLiftonYO'DonnellYSimanowitzY
AbinantiYCurranYGottfriedYLopezYOrtizYSimonY
ArroyoYCusickYGrafNOLupardoYOtisYSimotasER
AubryYCymbrowitzYGuntherYLupinacciERPalmesanoYSkartadosY
BarclayYDavilaYHarrisYMageeYPalumboYSkoufisY
BarnwellYDe La RosaYHawleyYMagnarelliYPaulinYSolagesY
BarrettYDenDekkerYHevesiERMalliotakisYPeoples-StokesERStecY
BarronYDickensYHikindYMayerYPerryYSteckY
BenedettoYDilanYHooperYMcDonaldYPheffer AmatoYStirpeER
BichotteYDinowitzYHunterYMcDonoughYPichardoYThieleY
BlakeYDiPietroERHyndmanYMcKevittYPretlowYTitoneY
BlankenbushYD'UrsoYJaffeeYMcLaughlinYQuartYTitusY
BrabenecYEnglebrightYJean-PierreYMill B YRaYVanelY
BraunsteinYErrigoYJenneYMill MGYRaiaYWalkerY
BrindisiYFahyYJohnsYMill MLYRamosERWallaceY
BronsonYFarrellYJonesYMontesanoYRichardsonYWalshY
BuchwaldYFinchERJoynerYMorelleYRiveraERWalterY
ButlerYFitzpatrickYKavanaghYMorinelloYRodriguezYWeinsteinY
ByrneYFriendYKearnsYMosleyYRosenthalYWeprinY
CahillYGalefYKimYMoyaYRozicYWilliamsY
CarrollYGanttERKolbYMurrayYRyanYWoernerY
CastorinaYGarbarinoYLalorERNiouYSantabarbaraYWrightY
ColtonYGiglioERLavineYNolanYSchimmingerYZebrowskiY
CookYGjonajYLawrenceYNorrisYSeawrightYMr SpkrER
CrespoYGlickYLentolYOaksYSepulvedaY

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A02750 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2750A
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the public officers law, in relation to freedom of information requests and attorney's fees   PURPOSE: To require the court to issue reasonable attorney's fees when an agency denies access to freedom of information requests and the petitioner has substantially prevailed and the court finds that the agency involved had no reasonable basis for denying access to the records sought.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 4 of section 89 of the public officers law to provide that the court in a proceeding related to a denial of access to records pursuant to a freedom of information request may asses, against such agency involved in the denial, reasonable attorney's fees and other litigation costs reasonably incurred by the petitioner in any case under the provisions of this section in which the petitioner has substantially prevailed and when the agency failed to respond to a request or appeal within the statutory time. In addition, section one provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by the petitioner in any case under the provisions of this section in which the petitioner substantially prevails and the court finds that the agency involved had no reasonable basis for denying access to the records sought. Section 2 provides the effective date.   JUSTIFICATION: When a public agency denies disclosure of information sought through a Freedom of Information Law (FOIL) request, one recourse for the denied party is to initiate a judicial proceeding to challenge the denial. A judicial proceeding to challenge an agency's denial of disclosure is a costly endeavor in both time and money. The full proceeding can take several months from the time of filing to the exhaustion of all appeals. In addition, the cost of hiring an attorney can be significant depending on the length and scope of the proceedings. Often, people simply cannot afford to take a government agency to trial to exercise their right to access public information. This bill provides for an award of attorney's fees to prevailing parties in order to encourage compliance with FOIL and to minimize the burdens of cost and time from bringing a judicial proceeding. Specifically, this bill establishes a two- tiered approach. The first tier would permit a court to award attorney's fees when a person denied access has substantially prevailed and when the agency failed to respond to a request or appeal within the statutory time. The second tier would require an award of attorney's fees when a person denied access has substantially prevailed and the court finds that the agency had no reasonable basis for denying access. Under this approach, a petitioner would not receive an award of attorney's fees against a government agen- cy when such agency prevails. Rather, attorney's fees would only be awarded when the petitioner substantially prevails. The Committee on Open Government recommends this two-tiered approach in its 2016 annual report.   LEGISLATIVE HISTORY: A.9506-C of 2016, referred to ways and means. Same as S.6949-C of 2016 passed in the senate. Similar to A.1438B, same as S.533B of 2015, vetoed. A.2121 of 2013 and 2014, referred to governmental operations. Same as S.108 of 2013 and 2014, referred to investigations and govern- ment operations. A.9407 of 2012, referred to governmental operations. Same as S.6270 of 2012, referred to investigations and government oper- ations.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Effective immediately
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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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A02750 LFIN:

 NO LFIN
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