Bill Text: NY A02057 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 2057 (Prior Session Legislation)

NY State Legislature page for A02057

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2014-06-09 - reported referred to codes [A02057 Detail]

Download: New_York-2013-A02057-Amended.html

                           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:
    1    Section  1.  Subdivision 5 of section 89 of the public officers law is
    2  amended by adding a new paragraph (i) to read as follows:
    3    (I) IN ANY PROCEEDING COMMENCED TO  REVIEW  AN  ADVERSE  DETERMINATION
    4  PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION IN WHICH THE PERSON OR
    5  ENTITY INITIATING SUCH PROCEEDING  FAILS  TO  SUBSTANTIALLY  PREVAIL  BY
    6  PROVING  THAT  THE  RECORDS  AT  ISSUE MAY PROPERLY BE WITHHELD FROM THE
    7  PUBLIC, THE COURT IN SUCH PROCEEDING MAY DIRECT SUCH PERSON OR ENTITY TO
    8  REMIT TO THE AGENCY INVOLVED REASONABLE ATTORNEY'S FEES AND OTHER  LITI-
    9  GATION COSTS REASONABLY INCURRED BY THE AGENCY.
   10    S  2.  This  act  shall take effect on the sixtieth day after it shall
   11  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04900-02-4