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