S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5883
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. LEE -- read once and referred to the Committee on
   Governmental Operations
 
 AN  ACT  to amend the public officers law, in relation to the payment of
   attorneys' fees by the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs  (a) and (b) of subdivision 2 of section 17 of
 the public officers law, paragraph (a) as amended by chapter 768 of  the
 laws  of  1985  and paragraph (b) as added by chapter 466 of the laws of
 1978, are amended to read as follows:
   (a) Upon compliance by the employee with the provisions of subdivision
 four of this section, the state shall provide for  the  defense  of  the
 employee in any civil action or proceeding in any state or federal court
 arising  out of any alleged act or omission which occurred or is alleged
 in the complaint to have occurred while the employee was  acting  within
 the  scope  of  [his]  THEIR  public  employment  or duties; or which is
 brought to enforce a provision of section nineteen hundred eighty-one or
 nineteen hundred eighty-three of title forty-two of  the  United  States
 code  and  the  act  or  omission  underlying  the action occurred or is
 alleged in the complaint to have occurred while the employee was  acting
 within  the scope of [his] THEIR public employment or duties.  This duty
 to provide for a defense shall not arise  where  such  civil  action  or
 proceeding  is brought by or on behalf of the state.  NO ATTORNEYS' FEES
 OR EXPENSES SHALL BE PAID IF INCURRED ON BEHALF OF AN EMPLOYEE WHERE THE
 EMPLOYEE HAS BROUGHT AN ACTION AGAINST THE STATE.
   (b) Subject to the conditions set  forth  in  paragraph  (a)  of  this
 subdivision,  the  employee  shall  be entitled to be represented by the
 attorney general, provided, however, that the employee shall be entitled
 to representation by private counsel of [his] THEIR choice in any  civil
 judicial  proceeding whenever the attorney general determines based upon
 [his] THEIR investigation and review of the facts and  circumstances  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06627-01-5
              

 A. 5883                             2
 
 the  case  that representation by the attorney general would be inappro-
 priate, or whenever a court of competent jurisdiction, upon  appropriate
 motion  or by a special proceeding, determines that a conflict of inter-
 est  exists  and  that  the  employee  is  entitled to be represented by
 private counsel of [his] THEIR choice. The attorney general shall notify
 the employee in writing of such determination that the employee is enti-
 tled to be represented by private  counsel.  The  attorney  general  may
 require,  as  a  condition  to  payment of the fees and expenses of such
 representation, that appropriate groups of such employees be represented
 by the same counsel.  If the employee or group of employees is  entitled
 to  representation  by  private  counsel  under  the  provisions of this
 section, the attorney general  shall  so  certify  to  the  comptroller.
 Reasonable  attorneys' fees and litigation expenses shall be paid by the
 state to such private counsel from time to time during the  pendency  of
 the civil action or proceeding subject to certification that the employ-
 ee  is entitled to representation under the terms and conditions of this
 section by the head of the department, commission, division,  office  or
 agency in which such employee is employed and upon the audit and warrant
 of  the  comptroller,  WHICH  SHALL INCLUDE A DETERMINATION BY THE COMP-
 TROLLER THAT ANY SUCH FEES PAID BY THE STATE  ARE  PROPORTIONAL  TO  THE
 NEEDS  OF THE CASE AND CONSISTENT WITH THE MANNER AND METHODS OF DEFENSE
 EMPLOYED IN SIMILAR OR REPRESENTATIVE CASES. 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.
 THE  STATE  SHALL NOT PAY ANY ATTORNEYS' FEES DEEMED UNREASONABLE BY THE
 COMPTROLLER.  Any dispute with respect  to  representation  of  multiple
 employees  by  a  single counsel or the amount of litigation expenses or
 the reasonableness of attorneys' fees shall be  resolved  by  the  court
 upon motion or by way of a special proceeding.
   §  2.  This  act  shall take effect immediately and shall apply to all
 cases filed on or after such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5883--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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
 
 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "state taxpayer oversight and protection (STOP) act".
   § 2. Paragraphs (a) and (b) of subdivision 2  of  section  17  of  the
 public officers law, paragraph (a) as amended by chapter 768 of the laws
 of  1985  and paragraph (b) as added by chapter 466 of the laws of 1978,
 are amended to read as follows:
   (a) Upon compliance by the employee with the provisions of subdivision
 four of this section, the state shall provide for  the  defense  of  the
 employee in any civil action or proceeding in any state or federal court
 arising  out of any alleged act or omission which occurred or is alleged
 in the complaint to have occurred while the employee was  acting  within
 the  scope  of  [his]  THEIR  public  employment  or duties; or which is
 brought to enforce a provision of section nineteen hundred eighty-one or
 nineteen hundred eighty-three of title forty-two of  the  United  States
 code  and  the  act  or  omission  underlying  the action occurred or is
 alleged in the complaint to have occurred while the employee was  acting
 within  the scope of [his] THEIR public employment or duties.  This duty
 to provide for a defense shall not arise  where  such  civil  action  or
 proceeding  is brought by or on behalf of the state.  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.
   (b)  Subject  to  the  conditions  set  forth in paragraph (a) of this
 subdivision, the employee shall be entitled to  be  represented  by  the
 attorney general, provided, however, that the employee shall be entitled
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06627-04-5
              

 A. 5883--A                          2
 
 to  representation by private counsel of [his] THEIR choice in any civil
 judicial proceeding whenever the attorney general determines based  upon
 [his]  THEIR  investigation and review of the facts and circumstances of
 the  case  that representation by the attorney general would be inappro-
 priate, or whenever a court of competent jurisdiction, upon  appropriate
 motion  or by a special proceeding, determines that a conflict of inter-
 est exists and that the  employee  is  entitled  to  be  represented  by
 private counsel of [his] THEIR choice. The attorney general shall notify
 the employee in writing of such determination that the employee is enti-
 tled  to  be  represented  by  private counsel. The attorney general may
 require, as a condition to payment of the  fees  and  expenses  of  such
 representation, that appropriate groups of such employees be represented
 by  the same counsel.  If the employee or group of employees is entitled
 to representation by  private  counsel  under  the  provisions  of  this
 section,  the  attorney  general  shall  so  certify to the comptroller.
 Reasonable attorneys' fees and litigation expenses shall be paid by  the
 state  to  such private counsel from time to time during the pendency of
 the civil action or proceeding subject to certification that the employ-
 ee is entitled to representation under the terms and conditions of  this
 section  by  the head of the department, commission, division, office or
 agency in which such employee is employed and upon the audit and warrant
 of the comptroller, AND WHICH SHALL INCLUDE A DETERMINATION BY THE COMP-
 TROLLER THAT ANY SUCH FEES PAID BY THE STATE  ARE  PROPORTIONAL  TO  THE
 NEEDS  OF THE CASE AND CONSISTENT WITH THE MANNER AND METHODS OF DEFENSE
 EMPLOYED IN SIMILAR OR REPRESENTATIVE CASES. 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.
 THE  STATE  SHALL NOT PAY ANY ATTORNEYS' FEES DEEMED UNREASONABLE BY THE
 COMPTROLLER.  Any dispute with respect  to  representation  of  multiple
 employees  by  a  single counsel or the amount of litigation expenses or
 the reasonableness of attorneys' fees shall be  resolved  by  the  court
 upon motion or by way of a special proceeding.
   §  3.  This  act  shall take effect immediately and shall apply to all
 cases filed on or after such date.