Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to investigations and government operations returned to senate died in assembly |
Jun 07, 2023 |
referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1679 committee discharged and committed to rules |
May 30, 2023 |
print number 5801a |
May 30, 2023 |
amend and recommit to investigations and government operations |
Mar 16, 2023 |
referred to investigations and government operations |
Senate Bill S5801A
2023-2024 Legislative Session
Sponsored By
(D) 16th Senate District
Current Bill Status - In Senate Committee Investigations And Government Operations 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
Actions
Votes
Bill Amendments
2023-S5801 - Details
- See Assembly Version of this Bill:
- A5357
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §§89 & 107, Pub Off L
2023-S5801 - Sponsor Memo
BILL NUMBER: S5801 SPONSOR: LIU TITLE OF BILL: An act to amend the public officers law, in relation to the award of reasonable attorneys' fees in certain proceedings PURPOSE: To Provide for the award of reasonable attorneys'. fees in FOIL proceedings if the person is successful and in open meeting proceedings to the successful party. SUMMARY OF PROVISIONS: 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 shall assess, against-such agency involved, reasonable attorney's fees and other litigation costs reason-
2023-S5801 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5801 2023-2024 Regular Sessions I N S E N A T E 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09579-01-3 S. 5801 2
co-Sponsors
(D, WF) 25th Senate District
(D) 34th Senate District
(D) 42nd Senate District
2023-S5801A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5357
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §§89 & 107, Pub Off L
2023-S5801A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5801A SPONSOR: LIU TITLE OF BILL: An act to amend the public officers law, in relation to the award of reasonable attorneys' fees in certain proceedings PURPOSE: To Provide for the award of reasonable attorneys' fees in FOIL proceedings if the person is successful and in open meeting proceedings to the successful party. SUMMARY OF PROVISIONS: 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 shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reason-
2023-S5801A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5801--A 2023-2024 Regular Sessions I N S E N A T E 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09579-03-3
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