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S108Senate2013-2014 SessionSame asA2121

Authorizes the court to issue reasonable attorneys' fees when an agency fails to respond to certain freedom of information requests

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. 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.

A2121Assembly

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.