S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    950
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. STECK, SIMON, MAGNARELLI, KELLES -- 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] 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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03042-01-5