Requires awarding of costs and attorney fees in frivolous action involving public petition and participation; expands application of actions involving public petition and participation.
STATE OF NEW YORK
________________________________________________________________________
1638
2015-2016 Regular Sessions
IN SENATE
January 13, 2015
___________
Introduced by Sen. ESPAILLAT -- 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.
LBD00118-01-5
S. 1638 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 immediately and shall apply to actions
16 commenced on or after such date.
