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.
              

                                                            LBD03042-02-5
 A. 950--A                           2
 
   (B)  THE  AGENCY  REASONABLY  RELIED  UPON  A PUBLISHED OPINION BY THE
 COMMITTEE ON OPEN GOVERNMENT BASED ON SUBSTANTIALLY SIMILAR FACTS.
   §  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.