Assembly Bill A327A

2015-2016 Legislative Session

Relates to proceedings to review adverse determinations relating to access to records

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A327 - Details

See Senate Version of this Bill:
S3390
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6996
2013-2014: A2057

2015-A327 - Summary

Relates to proceedings to review adverse determinations relating to access to records.

2015-A327 - Bill Text download pdf 

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

                                   327

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. PAULIN, GALEF, WEPRIN -- Multi-Sponsored by -- M.
  of  A.  LUPARDO,  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 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.
                                                           LBD00099-01-5

co-Sponsors

multi-Sponsors

2015-A327A (ACTIVE) - Details

See Senate Version of this Bill:
S3390
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6996
2013-2014: A2057

2015-A327A (ACTIVE) - Summary

Relates to proceedings to review adverse determinations relating to access to records.

2015-A327A (ACTIVE) - Bill Text download pdf 

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

                                 327--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. PAULIN, GALEF, WEPRIN -- Multi-Sponsored by -- M.
  of  A.   LUPARDO, THIELE -- read once and referred to the Committee on
  Governmental Operations -- recommitted to  the  Committee  on  Govern-
  mental  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 proceedings to
  review adverse determinations relating to access to records

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

  Section  1. Paragraph (d) of subdivision 5 of section 89 of the public
officers law, as amended by chapter 339 of the laws of 2004, is  amended
to read as follows:
  (d)  A proceeding to review an adverse determination pursuant to para-
graph (c) of this subdivision  may  be  commenced  pursuant  to  article
seventy-eight of the civil practice law and rules. Such proceeding, when
brought  by  a  person  seeking an exception from disclosure pursuant to
this subdivision, must be commenced within fifteen days of  the  service
of  the written notice containing the adverse determination provided for
in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
SHALL BE GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT  ON  SUCH
TERMS  AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO EXCEED
FORTY-FIVE DAYS. APPEAL TO THE APPELLATE DIVISION OF THE  SUPREME  COURT
MUST  BE  MADE  IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN FIFTEEN
DAYS AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE  JUDG-
MENT  OR  ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL
TAKEN FROM AN ORDER OF THE COURT REQUIRING  DISCLOSURE  SHALL  BE  GIVEN
PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDI-
TIONS  AS  THE  PRESIDING  JUSTICE MAY DIRECT, NOT TO EXCEED SIXTY DAYS.
THIS ACTION SHALL BE DEEMED  ABANDONED  WHEN  THE  PARTY  REQUESTING  AN

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

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