Expands the definition of an action involving public petition and participation, adds the public to the definition of public applicant or permittee and includes a definition of the public, and removes knowledge of falsity as an element to be proven by clear and convincing evidence.
STATE OF NEW YORK
________________________________________________________________________
8121
2019-2020 Regular Sessions
IN ASSEMBLY
June 3, 2019
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee 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. Section 76-a of the civil rights law, as added by chapter
2 767 of the laws of 1992, is amended to read as follows:
3 § 76-a. Actions involving public petition and participation; when
4 actual malice to be proven. 1. For purposes of this section:
5 (a) An "action involving public petition and participation" is an
6 action, claim, cross claim or counterclaim for damages that is brought
7 by a public applicant or permittee[, and is materially related to any
8 efforts of the defendant to report on, comment on, rule on, challenge or
9 oppose such application or permission].
10 (b) "Public applicant or permittee" shall mean any person who has
11 applied for or obtained a permit, zoning change, lease, license, certif-
12 icate or other entitlement for use or permission to act from any govern-
13 ment body, or the public, or any person with an interest, connection or
14 affiliation with such person [that is materially related to such appli-
15 cation or permission].
16 (c) "Communication" shall mean any statement, claim, allegation in a
17 proceeding, decision, protest, writing, argument, contention or other
18 expression.
19 (d) "Government body" shall mean any municipality, the state, any
20 other political subdivision or agency of such, the federal government,
21 any public benefit corporation, or any public authority, board, or
22 commission.
23 (e) "Public" shall mean the news media or any other individual materi-
24 al to the cause of action at issue.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11390-01-9
A. 8121 2
1 2. In an action involving public petition and participation, damages
2 may only be recovered if the plaintiff, in addition to all other neces-
3 sary elements, shall have established by clear and convincing evidence
4 that any communication which gives rise to the action was made [with
5 knowledge of its falsity or] with reckless disregard of whether it was
6 false, where the truth or falsity of such communication is material to
7 the cause of action at issue.
8 3. Nothing in this section shall be construed to limit any constitu-
9 tional, statutory or common law protections of defendants to actions
10 involving public petition and participation.
11 § 2. This act shall take effect on the thirtieth day after it shall
12 have become a law, and shall apply to all actions commenced on or after
13 such date.
