Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 15, 2014 |
referred to investigations and government operations |
Senate Bill S7570
2013-2014 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
Actions
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) - Sponsor Memo
BILL NUMBER:S7570 TITLE OF BILL: 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 PURPOSE: To require the payment of attorney's fees to the agency by the non-prevailing party in a proceeding to stop disclosure of a record. SUMMARY OF PROVISIONS: Section one amends subdivision five of section eighty-nine of the public officers law by adding a new paragraph(i). Paragraph (i) provides that in any proceeding commenced to review an adverse determination pursuant to paragraph (c) of section eighty-nine in which the person or entity initiating the proceeding fails to prevail by proving that the records at issue may properly be withheld from the public, the court may direct such person or entity to pay reasonable attorney's fees and litigation costs to the agency. Section two provides that that this act shall take effect on the sixtieth day after it shall have become a law. JUSTIFICATION: Subdivision five of section eighty-nine of the FOIL relates to disclosures that would cause substantial injury to the
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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