New York S 1418: Relates to the award of reasonable attorney's fees in certain proceedings

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S01418 Summary:

BILL NOS01418A

&nbsp

SAME ASSAME AS A00950-A

&nbsp

SPONSORLIU

&nbsp

COSPNSRBRISPORT, CLEARE, FERNANDEZ, GONZALEZ, GOUNARDES, JACKSON, KRUEGER, SKOUFIS, WEBB

&nbsp

MLTSPNSR

&nbsp

Amd §§89 & 107, Pub Off L

&nbsp

Provides for the award of reasonable attorneys' fees in FOIL proceedings if the person is successful and in open meeting proceedings to the successful petitioner and against the public body.

Go to top S01418 Actions:

BILL NOS01418A

&nbsp

01/09/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

03/05/2025AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

03/05/2025PRINT NUMBER 1418A

04/07/2025REPORTED AND COMMITTED TO FINANCE

05/20/20251ST REPORT CAL.1214

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

05/28/2025PASSED SENATE

05/28/2025DELIVERED TO ASSEMBLY

05/28/2025referred to governmental operations

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

02/10/2026REPORTED AND COMMITTED TO FINANCE

05/12/20261ST REPORT CAL.1041

05/13/20262ND REPORT CAL.

05/14/2026ADVANCED TO THIRD READING 

05/29/2026PASSED SENATE

05/29/2026DELIVERED TO ASSEMBLY

05/29/2026referred to governmental operations

Go to topS01418 Committee&nbspVotes:

Go to topS01418 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01418 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1418--A

 2025-2026 Regular Sessions

 IN SENATE

 January 9, 2025
 ___________

 Introduced by Sens. LIU, BRISPORT, FERNANDEZ, GOUNARDES, JACKSON, KRUEG-
 ER, SKOUFIS, WEBB -- read twice and ordered printed, and when printed
 to be committed to the Committee on Investigations and Government
 Operations -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 AN ACT to amend the public officers law, in relation to the award of
 reasonable attorneys' fees in certain proceedings

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (c) of subdivision 4 of section 89 of the public
 2 officers law, as amended by chapter 453 of the laws of 2017, is amended
 3 to read as follows:
 4 (c) The court in such a proceeding:
 5 (i) [may] shall assess, against such agency involved, reasonable
 6 attorney's fees and other litigation costs reasonably incurred by such
 7 person in any case under the provisions of this section in which such
 8 person has [substantially] prevailed, via voluntary production of any
 9 records after the commencement of litigation, settlement resulting in
 10 production of any records, or judgement ordering production of any
 11 records, and when either:
 12 (A) the agency failed to respond to a request or appeal within the
 13 statutory time; [and (ii) shall assess, against such agency involved,
 14 reasonable attorney's fees and other litigation costs reasonably
 15 incurred by such person in any case under the provisions of this section
 16 in which such person has substantially prevailed and] or
 17 (B) the court finds that the agency had no reasonable basis for deny-
 18 ing access.
 19 (ii) For the purposes of this paragraph, a reasonable basis for deny-
 20 ing access means:
 21 (A) the agency reasonably relied upon a published opinion of an appel-
 22 late court of the state based on substantially similar facts; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03042-03-5

 S. 1418--A 2

 1 (B) the agency reasonably relied upon a published opinion by the
 2 committee on open government based on substantially similar facts.
 3 § 2. Subdivision 2 of section 107 of the public officers law, as
 4 amended by chapter 397 of the laws of 2008, is amended to read as
 5 follows:
 6 2. In any proceeding brought pursuant to this section, costs and
 7 reasonable attorney fees [may] shall be awarded by the court, [in its
 8 discretion,] to the successful [party] petitioner and against the public
 9 body. [If a court determines that a vote was taken in material violation
 10 of this article, or that substantial deliberations relating thereto
 11 occurred in private prior to such vote,