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Assembly Bill A2057A

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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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A2057 - Details

See Senate Version of this Bill:
S7570
Current Committee:
Assembly Codes
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6996
2015-2016: A327

2013-A2057 - 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-A2057 - Bill Text download pdf 

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

                                  2057

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. PAULIN, GALEF, STEVENSON, WEPRIN -- Multi-Spon-
  sored by -- M. of A.  GABRYSZAK, LUPARDO, 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.
                                                           LBD04900-01-3

co-Sponsors

multi-Sponsors

2013-A2057A (ACTIVE) - Details

See Senate Version of this Bill:
S7570
Current Committee:
Assembly Codes
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6996
2015-2016: A327

2013-A2057A (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-A2057A (ACTIVE) - Bill Text download pdf 

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

                                 2057--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN, GALEF, WEPRIN -- Multi-Sponsored by -- M.
  of  A.    LUPARDO,  SWEENEY,  THIELE  -- read once and referred to the
  Committee on Governmental Operations -- recommitted to  the  Committee
  on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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.
                                                           LBD04900-02-4

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