Bill Text: NY S07118 | 2015-2016 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-04 - PRINT NUMBER 7118A [S07118 Detail]

Download: New_York-2015-S07118-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7118--A
                    IN SENATE
                                     March 30, 2016
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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.
                                                                   LBD14834-02-6
        S. 7118--A                          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.