Senate Bill S5032

2021-2022 Legislative Session

Provides attorney fees to prevailing parties in human rights law cases

download bill text pdf

Sponsored By

Archive: Last 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

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2021-S5032 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Add §298-b, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4627
2015-2016: S2753
2017-2018: S2219
2019-2020: S4548
2023-2024: S6132

2021-S5032 (ACTIVE) - Summary

Provides for award of attorneys' fees to prevailing parties in human rights law cases.

2021-S5032 (ACTIVE) - Sponsor Memo

2021-S5032 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5032
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 executive law, in  relation  to  providing  for  the
   award of attorneys' fees to prevailing parties in actions based on the
   human rights law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  298-b
 to read as follows:
   §  298-B.  ATTORNEYS'  FEES FOR PREVAILING PARTIES. 1. THE COURT SHALL
 AWARD THE PREVAILING PARTY,  IN  AN  ACTION  OR  PROCEEDING  ALLEGING  A
 VIOLATION OF SECTION TWO HUNDRED NINETY-SIX, TWO HUNDRED NINETY-SIX-A OR
 TWO HUNDRED NINETY-SIX-B OF THIS ARTICLE, ATTORNEYS' FEES, INCLUDING BUT
 NOT LIMITED TO, EXPERT WITNESS FEES.
   2.  THE  STATE  OR  ANY DIVISION THEREOF IS PROHIBITED FROM COLLECTING
 ATTORNEYS' FEES UNDER SUBDIVISION ONE OF THIS SECTION.
   3. THE LOSING PARTY SHALL BE LIABLE FOR ALL COSTS AWARDED BY THE COURT
 PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09244-01-1



              

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