Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 03, 2016 |
print number 3390a |
Mar 03, 2016 |
amend (t) and recommit to investigations and government operations |
Jan 06, 2016 |
referred to investigations and government operations |
Feb 06, 2015 |
referred to investigations and government operations |
Senate Bill S3390A
2015-2016 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
Bill Amendments
2015-S3390 - Details
- See Assembly Version of this Bill:
- A327
- Current Committee:
- Senate Investigations And Government 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-S3390 - Sponsor Memo
BILL NUMBER:S3390 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.
2015-S3390 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3390 2015-2016 Regular Sessions I N S E N A T E February 6, 2015 ___________ 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. LBD00099-01-5
2015-S3390A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A327
- Current Committee:
- Senate Investigations And Government 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-S3390A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3390A TITLE OF BILL : An act to amend the public officers law, in relation to proceedings to review adverse determinations relating to access to records PURPOSE : To require that a proceeding to stop disclosure of a record be given preference by the courts and heard in an expedited manner. SUMMARY OF PROVISIONS : Section one amends subdivision five of section eighty-nine of the public officers law to provide that a proceeding commenced to review an adverse determination pursuant to paragraph (c) of section eighty-nine 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 judgment 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 conditions as the presiding justice may direct, not to exceed sixty days. This action shall be deemed
2015-S3390A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3390--A 2015-2016 Regular Sessions I N S E N A T E February 6, 2015 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- 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 EXCLUSION FROM DISCLOSURE FAILS TO SERVE AND FILE A RECORD AND BRIEF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00099-05-6
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