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Assembly Bill A950A

2025-2026 Legislative Session

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

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Current Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2025-A950 - Details

See Senate Version of this Bill:
S1418
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§89 & 107, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:
A5357, S5801

2025-A950 - 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.

2025-A950 - Bill Text download pdf 

                             
                     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.

co-Sponsors

2025-A950A (ACTIVE) - Details

See Senate Version of this Bill:
S1418
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§89 & 107, Pub Off L
Versions Introduced in 2023-2024 Legislative Session:
A5357, S5801

2025-A950A (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.

2025-A950A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  950--A
 
                        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 -- 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
 attorney'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, VIA VOLUNTARY PRODUCTION OF ANY
 RECORDS AFTER THE COMMENCEMENT OF LITIGATION,  SETTLEMENT  RESULTING  IN
 PRODUCTION  OF  ANY  RECORDS,  OR  JUDGEMENT  ORDERING PRODUCTION OF ANY
 RECORDS, and when EITHER:
   (A)  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  litigation  costs   reasonably
 incurred by such person in any case under the provisions of this section
 in which such person has substantially prevailed and] OR
   (B)  the court finds that the agency had no reasonable basis for deny-
 ing access.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, A REASONABLE BASIS FOR  DENY-
 ING ACCESS MEANS:
   (A) THE AGENCY REASONABLY RELIED UPON A PUBLISHED OPINION OF AN APPEL-
 LATE COURT OF THE STATE BASED ON SUBSTANTIALLY SIMILAR FACTS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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