Bill Text: NY A10358 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to actions involving public petition and participation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-06-15 - REFERRED TO RULES [A10358 Detail]
Download: New_York-2015-A10358-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10358 IN ASSEMBLY May 23, 2016 ___________ Introduced by M. of A. WEINSTEIN -- read once and referred to the Committee on Judiciary AN ACT to amend the civil rights law, in relation to actions involving public petition and participation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 70-a of the civil rights law, as 2 added by chapter 767 of the laws of 1992, is amended to read as follows: 3 1. A defendant in an action involving public petition and partic- 4 ipation, as defined in paragraph (a) of subdivision one of section 5 seventy-six-a of this article, may maintain an action, claim, cross 6 claim or counterclaim to recover damages, including costs and attorney's 7 fees, from any person who commenced or continued such action; provided 8 that: 9 (a) costs and reasonable attorney's fees [may] shall be recovered upon 10 a demonstration, including an adjudication pursuant to subdivision (g) 11 of rule thirty-two hundred eleven or subdivision (h) of rule thirty-two 12 hundred twelve of the civil practice law and rules, that the action 13 involving public petition and participation was commenced or continued 14 without a substantial basis in fact and law and could not be supported 15 by a substantial argument for the extension, modification or reversal of 16 existing law; 17 (b) an action, claim, cross claim or counterclaim made pursuant to 18 this subdivision may be filed within sixty days of the service of the 19 complaint or, in the court's discretion, at any later time upon terms it 20 deems proper; 21 (c) other compensatory damages may only be recovered upon an addi- 22 tional demonstration that the action involving public petition and 23 participation was commenced or continued for the purpose of harassing, 24 intimidating, punishing or otherwise maliciously inhibiting the free 25 exercise of speech, petition or association rights; and 26 [(c)] (d) punitive damages may only be recovered upon an additional 27 demonstration that the action involving public petition and partic- 28 ipation was commenced or continued for the sole purpose of harassing, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14834-03-6A. 10358 2 1 intimidating, punishing or otherwise maliciously inhibiting the free 2 exercise of speech, petition or association rights. 3 § 2. Subdivision 1 of section 76-a of the civil rights law, as added 4 by chapter 767 of the laws of 1992, is amended to read as follows: 5 1. For purposes of this section: 6 (a) An "action involving public petition and participation" is [an7action,] a claim[, cross claim or counterclaim for damages that is8brought by a public applicant or permittee, and is materially related to9any efforts of the defendant to report on, comment on, rule on, chal-10lenge or oppose such application or permission] based upon: 11 (1) any communication in a place open to the public or a public forum 12 in connection with an issue of public interest; or 13 (2) any other lawful conduct in furtherance of the exercise of the 14 constitutional right of free speech in connection with an issue of 15 public concern, or in furtherance of the exercise of the constitutional 16 right of petition. 17 (b) ["Public applicant or permittee" shall mean any person who has18applied for or obtained a permit, zoning change, lease, license, certif-19icate or other entitlement for use or permission to act from any govern-20ment body, or any person with an interest, connection or affiliation21with such person that is materially related to such application or22permission] "Claim" shall mean any lawsuit, cause of action, cross 23 claim, counterclaim, or other judicial pleading or filing requesting 24 relief. 25 (c) "Communication" shall mean any statement, claim, allegation in a 26 proceeding, decision, protest, writing, argument, contention or other 27 expression. 28 [(d) "Government body" shall mean any municipality, the state, any29other political subdivision or agency of such, the federal government,30any public benefit corporation, or any public authority, board, or31commission.] 32 § 3. This act shall take effect immediately and shall apply to 33 actions, cross claims or counterclaims commenced on or after such date.