S 1418 New York Senate · 2025 Regular Session

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

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.

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

May 2026

Senate Passage

May 2026

Assembly Passage

Governor

Introduced Jan 9, 2025 Last action May 29, 2026

Maddy AI version diff · 1 comparison

What changed between versions

S1418 → S1418A · 3 edits

MINOR

This bill amends the Public Officers Law to clarify when courts can award attorney's fees to individuals who successfully challenge government record requests. It specifically expands the circumstances under which fees are awarded to include situations where an agency voluntarily produces records or settles a dispute, and it adds a new exception allowing agencies to avoid fees if they relied on specific published legal opinions.

Scope change

The bill modifies the scope of fee-shifting provisions in the Freedom of Information Law (FOIL) and the Open Meetings Law, narrowing the circumstances for awarding fees against agencies while adding specific exceptions.

ELIGIBILITY

Changed the standard for awarding attorney's fees under FOIL from a single broad rule to a two-part test: fees are now awarded if the person prevails AND either the agency failed to respond on time, OR the court finds the agency had no reasonable basis for denying access.

DEFINITION

Added a new definition of 'reasonable basis' for denying access, which now includes situations where an agency relied on published opinions from appellate courts or the Committee on Open Government based on similar facts.

REQUIREMENT

Revised the conditions for awarding fees to explicitly include cases where records are produced voluntarily, through settlement, or by court order, rather than just through litigation where the person substantially prevailed.

Floor votes · Senate May 28, 2025

How they voted

56–5

Passed · 2 other

Total votes 63

May 28, 2025

D Democratic41

39 Yea 1 Nay 1

95% Yea

R Republican22

17 Yea 4 Nay 1

77% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 29, 2026

Committee

REFERRED TO GOVERNMENTAL OPERATIONS

lower

May 29, 2026

Upper · Passed

PASSED SENATE

upper

Feb 10, 2026

Committee

REPORTED AND COMMITTED TO FINANCE

upper

Jan 7, 2026

Committee

REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

upper

May 28, 2025

Committee

REFERRED TO GOVERNMENTAL OPERATIONS

lower

May 28, 2025

Upper · Passed

PASSED SENATE

upper

Apr 7, 2025

Committee

REPORTED AND COMMITTED TO FINANCE

upper

Mar 5, 2025

Upper · Passed

PRINT NUMBER 1418A

upper

Mar 5, 2025

Upper · Passed

AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

upper

Jan 9, 2025

Committee

REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

upper

1 primary · 9 co-sponsors