NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7288 Revised 5/17/2023
SPONSOR: Weinstein TITLE OF BILL:
An act to amend the civil rights law, in relation to strategic lawsuits
against public participation and to make technical corrections; and to
amend chapter 250 of the laws of 2020 amending the civil rights law
relating to actions involving public petition and participation, in
relation to the application thereof
PURPOSE:
To clarify that chapter 250 of the laws of 2020, enhancing anti-SLAPP
protections, applied to cases pending on the effective date of the law,
and to make other necessary changes to clarify anti-SLAPP procedures and
the substantial basis standard.
SUMMARY OF PROVISIONS: OF BILL:
Section 1 clarifies the procedures for asserting a substantive
anti-SLAPP cause of action and clarifies the substantial basis standard.
Section 2 clarifies the definition of "public interest" and "substantial
basis."
Section 3 provides for the recovery of costs and attorney's fees on
motion upon adjudication that a SLAPP had no substantial basis in fact
or law and could not be supported by a substantial argument for the
extension, modification or reversal of existing law.
Section 4 provides technical changes to section 71 of the civil rights
law.
Section 5 clarifies that chapter 250 of the laws of 2020 applied to
actions pending on the chapter's effective date.
Section 6 provides that the act takes effect immediately and applies to
actions and proceedings pending on or filed on or after November 10,
2020.
JUSTIFICATION:
This legislation intends to clarify that chapter 250 of the laws of
2020, which reformed New York's anti-SLAPP statutes, applied to actions
and proceedings pending on the chapter's effective date. While the
legislative history and intent of the sponsor was clear that Chapter 250
applied to pending actions and proceedings, the Appellate Division in
Gottwald v. Sebert, 203 A.D.3d 488 (1' Dept 2022) held otherwise.
This bill would remedy that inconsistent decision, which circumvented
the legislative intent of Chapter 250. This bill also makes several
other changes to clarify the substantial basis standard and streamline
various procedural aspects.
LEGISLATIVE HISTORY:
2021-2022: S.9239 (Hoylman) - S. Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately and applies to actions and proceedings pending on or filed
on or after November 10, 2020.
