New York State Assembly

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S04754 Summary:

BILL NO	S04754
SAME AS	SAME AS A06996
SPONSOR	SALAND
COSPNSR
MLTSPNSR
Amd S89, Pub Off L
Authorizes attorneys fees to an agency where a person or entity fails to prove that an agency should properly withhold records from the public

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S04754 Actions:

BILL NO	S04754
04/18/2011	REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/04/2012	REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

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S04754 Floor Votes:

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S04754 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4754
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     April 18, 2011
                                       ___________
 
        Introduced  by  Sen.  SALAND -- 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:
 
     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 shall direct such person or entity
     8  to remit to the agency involved reasonable  attorney's  fees  and  other
     9  litigation costs reasonably incurred by the agency.

    10    §  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.
                                                                   LBD10097-01-1

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