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S7570Senate2013-2014 SessionSame asA2057

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

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

Chair, Cities

No co-sponsors yet.

History

  1. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2057Assembly

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 · Codes · Sponsor Amy Paulin

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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 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

A.6996, of 2011 and 2012, referred to governmental operations. Same as S.4754 (Saland), of 2011 and 2012, referred to investigations and government operations.

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.