Bill Text: NY S02183 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires awarding of costs and attorney fees in frivolous action involving public petition and participation; expands application of actions involving public petition and participation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S02183 Detail]

Download: New_York-2017-S02183-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2183
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        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. Paragraph (a) of subdivision 1 of section 70-a of the civil
     2  rights  law,  as added by chapter 767 of the laws of 1992, is amended to
     3  read as follows:
     4    (a) costs and attorney's fees [may] shall be recovered upon  a  demon-
     5  stration,  including an adjudication pursuant to subdivision (g) of rule
     6  thirty-two hundred eleven or subdivision (h) of rule thirty-two  hundred
     7  twelve  of  the  civil practice law and rules, that the action involving
     8  public petition and participation was commenced or continued  without  a
     9  substantial  basis  in  fact  and  law  and  could not be supported by a
    10  substantial argument for the  extension,  modification  or  reversal  of
    11  existing law;
    12    §  2.  Subdivision 1 of section 76-a of the civil rights law, as added
    13  by chapter 767 of the laws of 1992, is amended to read as follows:
    14    1. For purposes of this section:
    15    (a) An "action involving public petition  and  participation"  is  [an
    16  action,]  a  claim[,  cross  claim  or  counterclaim for damages that is
    17  brought by a public applicant or permittee, and is materially related to
    18  any efforts of the defendant to report on, comment on,  rule  on,  chal-
    19  lenge or oppose such application or permission] based upon:
    20    (1)  any communication in a place open to the public or a public forum
    21  in connection with an issue of public concern; or
    22    (2) any other lawful conduct in furtherance of  the  exercise  of  the
    23  constitutional  right  of  free  speech  in  connection with an issue of
    24  public concern, or in furtherance of the exercise of the  constitutional
    25  right of petition.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07264-01-7
        S. 2183                             2
     1    (b)  ["Public  applicant  or  permittee" shall mean any person who has
     2  applied for or obtained a permit, zoning change, lease, license, certif-
     3  icate or other entitlement for use or permission to act from any govern-
     4  ment body, or any person with an  interest,  connection  or  affiliation
     5  with  such  person  that  is  materially  related to such application or
     6  permission] "Claim" includes any lawsuit, cause of action,  cross-claim,
     7  counterclaim, or other judicial pleading or filing requesting relief.
     8    (c)  "Communication"  shall mean any statement, claim, allegation in a
     9  proceeding, decision, protest, writing, argument,  contention  or  other
    10  expression.
    11    [(d)  "Government  body"  shall  mean any municipality, the state, any
    12  other political subdivision or agency of such, the  federal  government,
    13  any  public  benefit  corporation,  or  any  public authority, board, or
    14  commission.]
    15    § 3. This act shall take effect on the thirtieth day  after  it  shall
    16  have  become a law and shall apply to actions commenced on or after such
    17  date.