Assembly Bill A6996

2011-2012 Legislative Session

Authorizes attorney's fees to an agency where a person or entity fails to prove that an agency should properly withhold records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2011-A6996 (ACTIVE) - Details

See Senate Version of this Bill:
S4754
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2057
2015-2016: A327

2011-A6996 (ACTIVE) - Summary

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.

2011-A6996 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6996

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by  M.  of  A. PAULIN, GALEF, STEVENSON, BRONSON, N. RIVERA,
  WEPRIN  --  Multi-Sponsored  by  --  M.  of  A.  GABRYSZAK,   LUPARDO,
  P. RIVERA,  SWEENEY, THIELE -- read once and referred to the Committee
  on Governmental 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 SHALL DIRECT SUCH PERSON OR ENTITY
TO REMIT TO THE AGENCY INVOLVED REASONABLE  ATTORNEY'S  FEES  AND  OTHER
LITIGATION 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.
                                                           LBD10097-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.