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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5801

                               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

        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. [If a court determines that a vote
    21  was  taken  in  material  violation of this article, or that substantial
    22  deliberations relating thereto occurred in private prior to  such  vote,
    23  the  court  shall  award  costs  and  reasonable  attorney's fees to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09579-01-3
        S. 5801                             2

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