Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 11, 2015 |
tabled vetoed memo.278 |
Nov 30, 2015 |
delivered to governor |
Jun 16, 2015 |
returned to assembly passed senate substituted for s533b |
Jun 16, 2015 |
substituted by a1438b ordered to third reading cal.1601 committee discharged and committed to rules |
Jun 02, 2015 |
print number 533b |
Jun 02, 2015 |
amend and recommit to investigations and government operations |
Feb 17, 2015 |
print number 533a |
Feb 17, 2015 |
amend and recommit to investigations and government operations |
Jan 07, 2015 |
referred to investigations and government operations |
Senate Bill S533B
Vetoed By Governor2015-2016 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status Via A1438 - Vetoed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2015-S533 - Details
2015-S533 - Summary
Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section when such person has substantially prevailed and the court finds that the agency had no reasonable basis for denying access to freedom of information requests.
2015-S533 - Sponsor Memo
BILL NUMBER: S533 TITLE OF BILL : An act to amend the public officers law, in relation to freedom of information requests and attorneys' fees PURPOSE : To require the court to issue reasonable attorney's fees when an agency fails to respond to certain freedom of information requests and discretion to issue reasonable attorney's fees in other circumstances. SUMMARY OF PROVISIONS : Section 1. Allows a court discretion to award attorney's fees when a party substantially prevails or when an agency fails to respond within the statutory period. Section 2. Requires the award of attorney's fees when agency denial of information cannot be justified. Section 3. Effective date. JUSTIFICATION : When a public agency denies disclosure of information sought through a Freedom of Information request, the only recourse for the denied party
2015-S533 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 533 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations 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: Section 1. Paragraph (c) of subdivision 4 of section 89 of the public officers law, as amended by chapter 492 of the laws of 2006, is amended to read as follows: (c) The court in such a proceeding may assess, against such agency involved, reasonable attorney's fees and other litigation costs reason- ably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed[,] OR when[: i. the agency had no reasonable basis for denying access; or ii. the agency failed to respond to a request or appeal within the statutory time] THE AGENCY FAILED TO RESPOND TO A REQUEST OR APPEAL WITHIN THE STATUTORY TIME. S 2. Subdivision 4 of section 89 of the public officers law is amended by adding a new paragraph (d) to read as follows: (D) THE COURT IN SUCH A PROCEEDING SHALL ASSESS, AGAINST SUCH AGENCY INVOLVED, REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION COSTS REASON- ABLY INCURRED BY SUCH PERSON IN ANY CASE UNDER THE PROVISIONS OF THIS ARTICLE WHEN SUCH PERSON HAS SUBSTANTIALLY PREVAILED AND THE COURT FINDS THAT THE AGENCY HAD NO REASONABLE BASIS FOR DENYING ACCESS. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01042-01-5
2015-S533A - Details
2015-S533A - Summary
Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section when such person has substantially prevailed and the court finds that the agency had no reasonable basis for denying access to freedom of information requests.
2015-S533A - Sponsor Memo
BILL NUMBER:S533A TITLE OF BILL: An act to amend the public officers law, in relation to freedom of information requests and attorneys' fees PURPOSE: To require the court to issue reasonable attorney's fees when an agency fails to respond to certain freedom of information requests and discretion to issue reasonable attorney's fees in other circumstances. SUMMARY OF PROVISIONS: Section 1. Provides the factors the court should weigh when using discretion to award attorney's fees when a party substantially prevails or when an agency fails to respond within the statutory period. Additionally, the court may require training on freedom of information law compliance and supervision of all freedom of information requests by the committee on open government. Section 2. Effective date. JUSTIFICATION: When a public agency denies disclosure of information sought through a Freedom of Information request, the only recourse for the denied party
2015-S533A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 533--A 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ 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 attorneys' fees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 4 of section 89 of the public officers law, as amended by chapter 492 of the laws of 2006, is amended to read as follows: (c) The court in such a proceeding may assess, against such agency involved, reasonable attorney's fees and other litigation costs reason- ably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, [when: i. the agency had no reasonable basis for denying access; or ii.] AND/OR WHEN the agency failed to respond to a request or appeal within the statutory time. THE COURT IN SUCH PROCEEDING SHALL ASSESS, AGAINST SUCH AGENCY INVOLVED, REASONABLE ATTORNEY'S FEES AND OTHER LITIGATION COSTS REASON- ABLY INCURRED BY SUCH PERSON IN ANY CASE UNDER THE PROVISIONS OF THIS SECTION IN WHICH SUCH PERSON HAS SUBSTANTIALLY PREVAILED AND THE COURT FINDS THAT THE AGENCY HAD NO REASONABLE BASIS FOR DENYING ACCESS. A COURT MAY ALSO REQUIRE AGENCY PERSONNEL TO ATTEND TRAINING GIVEN BY THE COMMITTEE ON OPEN GOVERNMENT AND TO REPORT ALL FREEDOM OF INFORMATION LAW REQUESTS AND RESPONSES TO THE COMMITTEE FOR A PERIOD OF SIX MONTHS SUBSEQUENT TO SUCH TRAINING. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01042-03-5
2015-S533B (ACTIVE) - Details
2015-S533B (ACTIVE) - Summary
Provides that the court in such a proceeding shall assess, against such agency involved, reasonable attorneys' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section when such person has substantially prevailed and the court finds that the agency had no reasonable basis for denying access to freedom of information requests.
2015-S533B (ACTIVE) - Sponsor Memo
BILL NUMBER:S533B TITLE OF BILL: An act to amend the public officers law, in relation to freedom of information requests and attorneys' fees PURPOSE: To require the court to issue reasonable attorney's fees when an agency fails to respond to certain freedom of information requests and discretion to issue reasonable attorney's fees in other circumstances. SUMMARY OF PROVISIONS: Section 1. Provides the factors the court should weigh when using discretion to award attorney's fees when a party substantially prevails or when an agency fails to respond within the statutory period. Section 2. Effective date. JUSTIFICATION: When a public agency denies disclosure of information sought through a Freedom of Information request, the only 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
2015-S533B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 533--B 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ 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 -- 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: Section 1. Paragraph (c) of subdivision 4 of section 89 of the public officers law, as amended by chapter 492 of the laws of 2006, is amended to read as follows: (c) The court in such a proceeding may assess, against such agency involved, reasonable [attorney's] ATTORNEYS' fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, [when: i. the agency had no reasonable basis for denying access; or ii.] AND/OR WHEN the agency failed to respond to a request or appeal within the statutory time. THE COURT IN SUCH PROCEEDING SHALL ASSESS, AGAINST SUCH AGENCY INVOLVED, REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION COSTS REASON- ABLY INCURRED BY SUCH PERSON IN ANY CASE UNDER THE PROVISIONS OF THIS SECTION IN WHICH SUCH PERSON HAS SUBSTANTIALLY PREVAILED AND THE COURT FINDS THAT THE AGENCY DENIED ACCESS IN MATERIAL VIOLATION OF THIS ARTI- CLE AND HAD NO REASONABLE BASIS FOR DENYING ACCESS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01042-05-5
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