What's happening
This bill requires courts to award reasonable attorney's fees to successful petitioners in certain public records and open meetings lawsuits against government agencies.
Why it matters
Makes it easier for individuals and organizations to challenge government secrecy. by ensuring they will recover attorney’s fees if they win lawsuits over access to public records or open meetings, potentially encouraging more legal challenges when agencies withhold information.
Reduces government agencies’ discretion and potential chilling effect on transparency lawsuits. , since courts are now required (“shall”)—not merely allowed (“may”)—to order agencies to pay the legal costs of successful challengers, making it riskier for agencies to deny access without strong legal grounds.
Defines clear and narrow exceptions for when agencies can avoid paying fees. , such as if they reasonably relied on published appellate court opinions or official guidance with substantially similar facts, which encourages agencies to follow established legal interpretations rather than act arbitrarily.
Aims to strengthen public accountability and enforcement of transparency laws. by removing previous loopholes that made fee awards inconsistent, thus leveling the playing field for the public and press seeking access to government information.
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Who cares
Freedom of Information Law requesters
The bill would require attorney’s fees and litigation costs when litigation produces any records and the agency missed a response deadline or lacked a reasonable basis for denial.
State and local agencies
The bill would limit a reasonable basis for denying records to reasonable reliance on published state appellate court or Committee on Open Government opinions involving substantially similar facts.
Open Meetings Law petitioners
The bill would require courts to award costs and reasonable attorney’s fees to successful petitioners rather than leaving awards to judicial discretion.
Public bodies subject to the Open Meetings Law
The bill would make them responsible for successful petitioners’ costs and reasonable attorney’s fees and remove the existing closed-session reasonable-basis exception.
Headline styles
Guarantee Legal Fee Awards
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 52–6
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1041
- Reported and committed to finance
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
Show 8 earlier actions
- Passed senateVote 56–5
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1214
- Reported and committed to finance
- Print number 1418a
- Amend and recommit to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Guarantee Attorney Fee Awards
In Assembly Committee · Governmental Operations · Sponsor Phil Steck
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1418--A
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
Introduced by Sens. LIU, BRISPORT, FERNANDEZ, GOUNARDES, JACKSON, KRUEG- ER, SKOUFIS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 Assembly, 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 denying access.
(ii) For the purposes of this paragraph, a reasonable basis for denying access means:
(A) the agency reasonably relied upon a published opinion of an appellate 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.
LBD03042-03-5
(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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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:
Read the full memo (734 words)
(c) The court in such a proceeding shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reason- ably incurred by such person in any case under the provisions of this section in which such person has prevailed.
§ 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 17 follows:
2. In any proceeding brought pursuant to this section, costs and reason- able attorney fees shall be awarded by the court, to the successful party.
Section 2: Effective date.
Justification
According to the New York Coalition For Open Government there is an open government crisis in New York State. The Coalition as a non-partisan, nonprofit organization has documented through their reports large scale noncompliance with open government laws. In random checks of local governments across the state the Coalition in 2022 found that:
* 72% of towns were not posting meeting documents online as required by law.
* 25% of towns.were not posting meeting minutes or recordings online as required by law.
* 39% of counties failed to acknowledge a Coalition FOIL request within five business days as required by law..
* 28% of counties never acknowledged the Coalition FOIL request.
* 73% of election boards failed to acknowledge a Coalition FOIL request within five business days as required by law. It took an average of 49 days just to receive meeting minutes from county Board of Elections Unlike other states, New York does not have an independent body with enforcement powers to address violations of the Open Meetings Law and Freedom of Information Law. Other states also impose fines or criminal charges for violations of open government laws, such penalties are not available in New York. The only recourse available to the public in NY is retaining an attorney to file an Article 78 proceeding and hope that the court will award attorney fees.
New York's current attorney fee statute is weaker than many other states and it is more difficult to obtain attorney fees when litigation is successful. In California, Colorado, Delaware, Florida, Illinois, Loui- siana, Michigan, Montana, New Jersey, Rhode Island, and Washington, attorney fees are awarded if a party "prevails" in a lawsuit. New York's statute requires that a party "substantially prevail" before attorney fees will be awarded, which is a higher standard. After a plaintiff is successful in an Article 78 action, then a whole debate occurs as to whether the plaintiff "substantially prevailed" or not in order to receive attorney fees. New York's statute has an additional hurdle in that there must be an additional finding by the court that there was to reasonable basis for the agency to deny the FOIL request. This addi- tional finding is not required in the states listed above.
Under the Open Meetings Law, if an agency believed there was a reason- able basis for holding an improper executive session then attorney fees will not be awarded. Whether there was a reasonable basis or not if a court determines that an executive session was improperly held a successful plaintiff should be reimbursed for their attorney fees and costs.
The only recourse for the public to address violations of open govern- ment laws is through litigation, which is a difficult step for most people to take. New York's current law makes it harder than other states for a successful plaintiff to obtain attorney fees.
There needs to be some Consequence for the large noncompliance with open government laws, as documented by the New York Coalition For Open Government. Improving New York's attorney fee statute will assist the public in being reimbursed attorney fees when they successfully prevail regarding an Open Meetings Law and Freedom of Information Law violation.
Legislative history
05/22/24 PASSED SENATE
06/07/23 PASSED SENATE
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.