Bill Text: NY S02965 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to actions involving public petition and participation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S02965 Detail]

Download: New_York-2017-S02965-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2965
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 18, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- 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. 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08117-01-7
        S. 2965                             2
     1    [(c)] (d) punitive damages may only be recovered  upon  an  additional
     2  demonstration  that  the  action  involving  public petition and partic-
     3  ipation was commenced or continued for the sole  purpose  of  harassing,
     4  intimidating,  punishing  or  otherwise  maliciously inhibiting the free
     5  exercise of speech, petition or association rights.
     6    §  2.  Subdivision 1 of section 76-a of the civil rights law, as added
     7  by chapter 767 of the laws of 1992, is amended to read as follows:
     8    1. For purposes of this section:
     9    (a) An "action involving public petition  and  participation"  is  [an
    10  action,]  a  claim[,  cross  claim  or  counterclaim for damages that is
    11  brought by a public applicant or permittee, and is materially related to
    12  any efforts of the defendant to report on, comment on,  rule  on,  chal-
    13  lenge or oppose such application or permission] based upon:
    14    (1)  any communication in a place open to the public or a public forum
    15  in connection with an issue of public interest; or
    16    (2) any other lawful conduct in furtherance of  the  exercise  of  the
    17  constitutional  right  of  free  speech  in  connection with an issue of
    18  public concern, or in furtherance of the exercise of the  constitutional
    19  right of petition.
    20    (b)  ["Public  applicant  or  permittee" shall mean any person who has
    21  applied for or obtained a permit, zoning change, lease, license, certif-
    22  icate or other entitlement for use or permission to act from any govern-
    23  ment body, or any person with an  interest,  connection  or  affiliation
    24  with  such  person  that  is  materially  related to such application or
    25  permission] "Claim" shall mean  any  lawsuit,  cause  of  action,  cross
    26  claim,  counterclaim,  or  other  judicial pleading or filing requesting
    27  relief.
    28    (c) "Communication" shall mean any statement, claim, allegation  in  a
    29  proceeding,  decision,  protest,  writing, argument, contention or other
    30  expression.
    31    [(d) "Government body" shall mean any  municipality,  the  state,  any
    32  other  political  subdivision or agency of such, the federal government,
    33  any public benefit corporation,  or  any  public  authority,  board,  or
    34  commission.]
    35    §  3.  This  act  shall  take  effect  immediately  and shall apply to
    36  actions, cross claims or counterclaims commenced on or after such date.