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Senate Bill S7570

2013-2014 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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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2013-S7570 (ACTIVE) - Details

See Assembly Version of this Bill:
A2057
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6996
2015-2016: A327

2013-S7570 (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.

2013-S7570 (ACTIVE) - Sponsor Memo

2013-S7570 (ACTIVE) - Bill Text download pdf 

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

                                  7570

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- 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 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 MAY DIRECT SUCH PERSON OR ENTITY TO
REMIT  TO THE AGENCY INVOLVED REASONABLE ATTORNEY'S FEES AND OTHER LITI-
GATION 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.
                                                           LBD04900-03-4

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