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Assembly Bill A6996

2011-2012 Legislative Session

Authorizes attorney's fees to an agency where a person or entity fails to prove that an agency should properly withhold records

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Archive: Last Bill Status - In Assembly Committee

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2011-A6996 (ACTIVE) - Details

See Senate Version of this Bill:
S4754
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2057
2015-2016: A327

2011-A6996 (ACTIVE) - Summary

Authorizes attorney's fees to an agency where a person or entity fails to prove that an agency should properly withhold records from the public.

2011-A6996 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6996

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by  M.  of  A. PAULIN, GALEF, STEVENSON, BRONSON, N. RIVERA,
  WEPRIN  --  Multi-Sponsored  by  --  M.  of  A.  GABRYSZAK,   LUPARDO,
  P. RIVERA,  SWEENEY, THIELE -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the public officers law, in relation to attorney's  fees
  where a person or entity fails to prove that an agency should properly
  withhold records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 5 of section 89 of the public officers law  is
amended by adding a new paragraph (i) to read as follows:
  (I)  IN  ANY  PROCEEDING  COMMENCED TO REVIEW AN ADVERSE DETERMINATION
PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION IN  WHICH  THE  PERSON  OR
ENTITY  INITIATING  SUCH  PROCEEDING  FAILS  TO SUBSTANTIALLY PREVAIL BY
PROVING THAT THE RECORDS AT ISSUE MAY  PROPERLY  BE  WITHHELD  FROM  THE
PUBLIC,  THE COURT IN SUCH PROCEEDING SHALL DIRECT SUCH PERSON OR ENTITY
TO REMIT TO THE AGENCY INVOLVED REASONABLE  ATTORNEY'S  FEES  AND  OTHER
LITIGATION COSTS REASONABLY INCURRED BY THE AGENCY.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10097-01-1

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