Assembly Bill A5357A

2023-2024 Legislative Session

Relates to the award of reasonable attorney's fees in certain proceedings

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Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A5357 - Details

See Senate Version of this Bill:
S5801
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§89 & 107, Pub Off L

2023-A5357 - Summary

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.

2023-A5357 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5357
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Governmental 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:

   Section 1. Paragraph (c) of subdivision 4 of section 89 of the  public
 officers  law, as amended by chapter 453 of the laws of 2017, is amended
 to read as follows:
   (c) The court in such a proceeding[:
   (i) may] SHALL assess, against such agency involved, reasonable attor-
 ney's fees and other litigation costs reasonably incurred by such person
 in any case under the provisions of this section in  which  such  person
 has [substantially] prevailed[, and when the agency failed to respond to
 a  request  or  appeal within the statutory time; and (ii) shall assess,
 against such agency involved, reasonable attorney's fees and other liti-
 gation costs reasonably incurred by such person in any  case  under  the
 provisions  of  this  section  in  which  such  person has substantially
 prevailed and the court finds that the agency had  no  reasonable  basis
 for denying access].
   §  2.  Subdivision  2  of  section  107 of the public officers law, as
 amended by chapter 397 of the laws  of  2008,  is  amended  to  read  as
 follows:
   2.  In  any  proceeding  brought  pursuant  to this section, costs and
 reasonable attorney fees [may] SHALL be awarded by the  court,  [in  its
 discretion,] to the successful party. [If a court determines that a vote
 was  taken  in  material  violation of this article, or that substantial
 deliberations relating thereto occurred in private prior to  such  vote,
 the  court  shall  award  costs  and  reasonable  attorney's fees to the
 successful petitioner, unless there was a reasonable basis for a  public
 body to believe that a closed session could properly have been held.]
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-A5357A (ACTIVE) - Details

See Senate Version of this Bill:
S5801
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§89 & 107, Pub Off L

2023-A5357A (ACTIVE) - Summary

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.

2023-A5357A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5357--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- 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:
 
   Section  1. Paragraph (c) of subdivision 4 of section 89 of the public
 officers law, as amended by chapter 453 of the laws of 2017, is  amended
 to read as follows:
   (c) The court in such a proceeding[:
   (i) may] SHALL assess, against such agency involved, reasonable attor-
 ney's fees and other litigation costs reasonably incurred by such person
 in  any  case  under the provisions of this section in which such person
 has [substantially] prevailed[, and when the agency failed to respond to
 a request or appeal within the statutory time; and  (ii)  shall  assess,
 against such agency involved, reasonable attorney's fees and other liti-
 gation  costs  reasonably  incurred by such person in any case under the
 provisions of this  section  in  which  such  person  has  substantially
 prevailed  and  the  court finds that the agency had no reasonable basis
 for denying access].
   § 2. Subdivision 2 of section 107  of  the  public  officers  law,  as
 amended  by  chapter  397  of  the  laws  of 2008, is amended to read as
 follows:
   2. In any proceeding brought  pursuant  to  this  section,  costs  and
 reasonable  attorney  fees  [may] SHALL be awarded by the court, [in its
 discretion,] to the successful [party] PETITIONER AND AGAINST THE PUBLIC
 BODY. [If a court determines that a vote was taken in material violation
 of this article, or  that  substantial  deliberations  relating  thereto
 occurred  in private prior to such vote, the court shall award costs and
 reasonable attorney's fees to the successful  petitioner,  unless  there
 was  a  reasonable  basis  for  a  public  body to believe that a closed
 session could properly have been held.]
   § 3. This act shall take effect immediately.

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