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Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes the court to issue reasonable attorneys' fees when an agency fails to respond to certain freedom of information requests
In Assembly Committee · Governmental Operations · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S108
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 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. Under the current Freedom of Information law, the average individual simply cannot afford to take a government agency to trial just to exercise their right to access public information.
This bill will only require attorney's fees in the most egregious of agency denials, when there is no reasonable basis for the denial i.e. secrecy The courts will still retain the discretion to grant attorney's fees when a petitioner substantially prevails but the agency had a reasonable basis for the initial denial.
Open and responsive governments should not and cannot tolerate secrecy. By providing attorney's fees for people who succeed in challenging an agency's unlawful concealment of information, New York continues to its commitment to transparency.
Legislative history
2011-12: S.6270/A.9407 Referred to Investigations and Governmental Operations
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.