New York A 950: Relates to the award of reasonable attorney's fees in certain proceedings

Bill Text

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A00950 Summary:

BILL NOA00950A

&nbsp

SAME ASSAME AS S01418-A

&nbsp

SPONSORSteck

&nbsp

COSPNSRSimon, Magnarelli, Kelles, Simone, Epstein

&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 A00950 Actions:

BILL NOA00950A

&nbsp

01/08/2025referred to governmental operations

02/19/2025amend and recommit to governmental operations

02/19/2025print number 950a

01/07/2026referred to governmental operations

Go to topA00950 Committee&nbspVotes:

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

Go to topA00950 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 950--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. STECK, SIMON, MAGNARELLI, KELLES -- read once and
 referred to the Committee on Governmental 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.
 LBD03042-02-5

 A. 950--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, the court shall award costs and
 12 reasonable attorney's fees to the successful petitioner, unless there
 13 was a reasonable basis for a public body to believe that a closed
 14 session could properly have been held.]
 15 § 3. This act shall take effect immediately.

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