Skip to content
S2392Senate2017-2018 SessionSame asA2750

Attorney Fees for FOIL Denials

Official title

“Relates to freedom of information requests and attorney's fees”

Sponsor Patrick M. GallivanSD-59+2 co-sponsorsAffects Legal
Status
Senate Floor Calendar
Impact
4/10
Low
Outcome
Companion signed

Bill progress

Signed via A2750

What's happening

This bill amends the law to require courts to award attorney's fees if an agency unreasonably denies access to public records.

Why it matters

  1. Shifts the court’s discretion to a requirement. Under the proposed amendment, courts must award attorney’s fees when a person wins a Freedom of Information Law (FOIL) case and the agency had no reasonable basis for denying access—removing previous ambiguity and making it a clear mandate rather than an option.

  2. Strengthens public access to records. By introducing a mandatory penalty for unreasonable denials, the bill raises the stakes for agencies considering withholding public records, making it more costly for them to act without a solid legal basis.

  3. Potentially increases government accountability. The threat of being required to pay attorney’s fees could encourage agencies to comply more promptly and fully with FOIL requests, deterring unnecessary stonewalling and promoting a culture of transparency.

  4. Protects requesters from financial burden. By ensuring attorney’s fees are covered when agencies act unreasonably, the legislation lowers the risk and cost for individuals or organizations seeking information, making it easier for the public to challenge improper secrecy.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Attorney Fees for FOIL Denials

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

History

  1. Substituted by A2750A
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.640
  5. Print number 2392a
  6. Amend (t) and recommit to investigations and government operations
  7. 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.

A2750Assembly

Require Agency Pays FOIL Fees

Signed by Governor · Sponsor Amy Paulin

Impact 4 · LowSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2392--A

2017-2018 Regular Sessions

IN SENATE

January 13, 2017

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 Assembly, 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: (i) may assess, against such agency involved, reasonable attorney's 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 when the agency failed to respond to a request or appeal within the statutory time; and (ii) shall assess, against such agency involved, reasonable attorney's 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 and the court finds that the agency had no reasonable basis for denying access.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06775-03-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 attorneys' 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 attorneys' 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 attorneys' 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 attorneys' 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 attorneys' 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 attorneys' 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 attorneys' fees against a government agency when such agency prevails. Rather, attorneys' 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

S.6949-C of 2016 passed in the senate. A.9506-C of 2016, referred to ways and means. 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 of2014,referred to investigations and government operations. A.9407 of 2012,referred to governmental operations. Same as S.6270 of 2012, referred to investigations and governmental operations.

Fiscal implications

None

Effective date

Effective immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.