S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4754
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    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    S  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