New York A 5883: Permits municipalities to use highway assistance payments for either capital projects or routine maintenance

Bill Text

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A05883 Summary:

BILL NOA05883B

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SAME ASSAME AS S06490-A

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SPONSORLee

&nbsp

COSPNSRHevesi, Kim, Gonzalez-Rojas, Gallagher, Lavine, Smullen, Lunsford

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MLTSPNSR

&nbsp

Amd §17, Pub Off L

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Enacts the "state taxpayer oversight and protection (STOP) act"; relates to the payment of attorneys' fees by the state; provides that no attorneys' fees or expenses shall be paid if incurred on behalf of an employee in any action brought by the employee against the state; provides that attorneys' fees shall be presumptively unreasonable where an individual hires or employs multiple law firms on the same matter unless such employee can demonstrate the need for additional attorneys with distinct subject matter expertise.

Go to top A05883 Actions:

BILL NOA05883B

&nbsp

02/24/2025referred to governmental operations

03/14/2025amend (t) and recommit to governmental operations

03/14/2025print number 5883a

03/25/2025amend and recommit to governmental operations

03/25/2025print number 5883b

01/07/2026referred to governmental operations

Go to topA05883 Committee&nbspVotes:

Go to topA05883 Floor&nbspVotes:

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

Go to topA05883 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5883--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 24, 2025
 ___________

 Introduced by M. of A. LEE -- read once and referred to the Committee on
 Governmental Operations -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the public officers law, in relation to enacting the
 "state taxpayer oversight and protection (STOP) act"

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "state taxpayer oversight and protection (STOP) act".
 3 § 2. Paragraphs (a) and (b) of subdivision 2 of section 17 of the
 4 public officers law, paragraph (a) as amended by chapter 768 of the laws
 5 of 1985 and paragraph (b) as added by chapter 466 of the laws of 1978,
 6 are amended to read as follows:
 7 (a) Upon compliance by the employee with the provisions of subdivision
 8 four of this section, the state shall provide for the defense of the
 9 employee in any civil action or proceeding in any state or federal court
 10 arising out of any alleged act or omission which occurred or is alleged
 11 in the complaint to have occurred while the employee was acting within
 12 the scope of [his] their public employment or duties; or which is
 13 brought to enforce a provision of section nineteen hundred eighty-one or
 14 nineteen hundred eighty-three of title forty-two of the United States
 15 code and the act or omission underlying the action occurred or is
 16 alleged in the complaint to have occurred while the employee was acting
 17 within the scope of [his] their public employment or duties. This duty
 18 to provide for a defense shall not arise where such civil action or
 19 proceeding is brought by or on behalf of the state. No attorneys' fees
 20 or expenses shall be paid if incurred on behalf of an employee in any
 21 action brought by the employee against the state.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06627-05-5

 A. 5883--B 2

 1 (b) Subject to the conditions set forth in paragraph (a) of this
 2 subdivision, the employee shall be entitled to be represented by the
 3 attorney general, provided, however, that the employee shall be entitled
 4 to representation by private counsel of [his] their choice in any civil
 5 judicial proceeding whenever the attorney general determines based upon
 6 [his] their investigation and review of the facts and circumstances of
 7 the case that representation by the attorney general would be inappro-
 8 priate, or whenever a court of competent jurisdiction, upon appropriate
 9 motion or by a special proceeding, determines that a conflict of inter-
 10 est exists and that the employee is entitled to be represented by
 11 private counsel of [his] their choice. The attorney