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History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
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Authorizes attorney's fees to an agency where a person or entity fails to prove that an agency should properly withhold records
In Assembly Committee · Governmental Operations · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4754
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 shall 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 competitive position of a commercial enterprise. This is the only grounds upon which a person or entity may initiate a judicial proceeding to prevent the government from disclosing records to the public. The government will then be required to expend time and money to defend its position that the record should be disclosed, a cost which is passed along to taxpayers.
Unlike proceedings initiated by individuals who have been denied access to requested records, this is a situation in which a person or entity is seeking to block records from being released when the agency believes the records must be disclosed. It is only fair that those who initiate such a proceeding and do not prevail are required to pay the attorney's fees and litigation costs.
Legislative history
This is a new bill.
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.