Bill Text: NY S05801 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-05-22 - referred to governmental operations [S05801 Detail]

Download: New_York-2023-S05801-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5801--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 16, 2023
                                       ___________

        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment  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 attor-
     6  ney's fees and other litigation costs reasonably incurred by such person
     7  in  any  case  under the provisions of this section in which such person
     8  has [substantially] prevailed[, and when the agency failed to respond to
     9  a request or appeal within the statutory time; and  (ii)  shall  assess,
    10  against such agency involved, reasonable attorney's fees and other liti-
    11  gation  costs  reasonably  incurred by such person in any case under the
    12  provisions of this  section  in  which  such  person  has  substantially
    13  prevailed  and  the  court finds that the agency had no reasonable basis
    14  for denying access].
    15    § 2. Subdivision 2 of section 107  of  the  public  officers  law,  as
    16  amended  by  chapter  397  of  the  laws  of 2008, is amended to read as
    17  follows:
    18    2. In any proceeding brought  pursuant  to  this  section,  costs  and
    19  reasonable  attorney  fees  [may] shall be awarded by the court, [in its
    20  discretion,] to the successful [party] petitioner and against the public
    21  body. [If a court determines that a vote was taken in material violation
    22  of this article, or  that  substantial  deliberations  relating  thereto
    23  occurred  in private prior to such vote, the court shall award costs and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09579-03-3
        S. 5801--A                          2

     1  reasonable attorney's fees to the successful  petitioner,  unless  there
     2  was  a  reasonable  basis  for  a  public  body to believe that a closed
     3  session could properly have been held.]
     4    § 3. This act shall take effect immediately.