-  This bill is not active in this session.
 

A02750 Summary:

BILL NOA02750A
 
SAME ASSAME AS S02392-A
 
SPONSORPaulin (MS)
 
COSPNSRGalef, Brindisi, Cahill, Hikind, Jaffee, 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 Floor Votes:

DATE:05/01/2017Assembly Vote  YEA/NAY: 135/1
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Simanowitz
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simon
Yes
Arroyo
Yes
Cusick
No
Graf
Yes
Lupardo
Yes
Otis
ER
Simotas
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
ER
Lupinacci
Yes
Palmesano
Yes
Skartados
Yes
Barclay
Yes
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skoufis
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Solages
Yes
Barrett
Yes
DenDekker
ER
Hevesi
Yes
Malliotakis
ER
Peoples-Stokes
Yes
Stec
Yes
Barron
Yes
Dickens
Yes
Hikind
Yes
Mayer
Yes
Perry
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
ER
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pichardo
Yes
Thiele
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pretlow
Yes
Titone
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Quart
Yes
Titus
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Ra
Yes
Vanel
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Raia
Yes
Walker
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
ER
Ramos
Yes
Wallace
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Richardson
Yes
Walsh
Yes
Buchwald
ER
Finch
Yes
Joyner
Yes
Morelle
ER
Rivera
Yes
Walter
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rodriguez
Yes
Weinstein
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weprin
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Williams
Yes
Carroll
ER
Gantt
Yes
Kolb
Yes
Murray
Yes
Ryan
Yes
Woerner
Yes
Castorina
Yes
Garbarino
ER
Lalor
Yes
Niou
Yes
Santabarbara
Yes
Wright
Yes
Colton
ER
Giglio
Yes
Lavine
Yes
Nolan
Yes
Schimminger
Yes
Zebrowski
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Seawright
ER
Mr. Speaker
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Sepulveda

‡ Indicates voting via videoconference
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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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