Bill Text: NY S04548 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-14 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04548 Detail]

Download: New_York-2019-S04548-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 14, 2019
        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:
     1    Section 1. The executive law is amended by adding a new section  298-b
     2  to read as follows:
     3    §  298-b.  Attorneys'  fees for prevailing parties. 1. The court shall
     4  award the prevailing party,  in  an  action  or  proceeding  alleging  a
     5  violation of section two hundred ninety-six, two hundred ninety-six-a or
     6  two hundred ninety-six-b of this article, attorneys' fees, including but
     7  not limited to, expert witness fees.
     8    2.  The  state  or  any division thereof is prohibited from collecting
     9  attorneys' fees under subdivision one of this section.
    10    3. The losing party shall be liable for all costs awarded by the court
    11  pursuant to this section.
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.