Bill Text: NY S04627 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4627 (Prior Session Legislation)

Introduced

Bill Title: Provides for award of attorneys' fees to prevailing parties in human rights law cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04627 Detail]

Download: New_York-2013-S04627-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4627
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 16, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- 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 executive law, in  relation  to  providing  for  the
         award of attorneys' fees to prevailing parties in actions based on the
         human rights law
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  298-b
    2  to read as follows:
    3    S  298-B.  ATTORNEYS'  FEES FOR PREVAILING PARTIES. 1. THE COURT SHALL
    4  AWARD THE PREVAILING PARTY,  IN  AN  ACTION  OR  PROCEEDING  ALLEGING  A
    5  VIOLATION OF SECTION TWO HUNDRED NINETY-SIX, TWO HUNDRED NINETY-SIX-A OR
    6  TWO HUNDRED NINETY-SIX-B OF THIS ARTICLE, ATTORNEYS' FEES, INCLUDING BUT
    7  NOT LIMITED TO, EXPERT WITNESS FEES.
    8    2.  THE  STATE  OR  ANY DIVISION THEREOF IS PROHIBITED FROM COLLECTING
    9  ATTORNEYS' FEES UNDER SUBDIVISION ONE OF THIS SECTION.
   10    3. THE LOSING PARTY SHALL BE LIABLE FOR ALL COSTS AWARDED BY THE COURT
   11  PURSUANT TO THIS SECTION.
   12    S 2. This act shall take effect on the one hundred eightieth day after
   13  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09742-01-3