senate Bill S7280

2013-2014 Legislative Session

Requires awarding of costs and attorney fees in frivolous action involving public petition and participation

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1053
May 09, 2014 referred to codes

Votes

view votes

May 29, 2014 - Codes committee Vote

S7280
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 29, 2014

nay (1)
aye wr (1)

Co-Sponsors

S7280 - Details

See Assembly Version of this Bill:
A856
Law Section:
Civil Rights Law
Laws Affected:
Amd ยงยง70-a & 76-a, Civ Rts L
Versions Introduced in 2011-2012 Legislative Session:
A10594

S7280 - Summary

Requires awarding of costs and attorney fees in frivolous action involving public petition and participation; expands application of actions involving public petition and participation.

S7280 - Sponsor Memo

S7280 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7280

                            I N  S E N A T E

                               May 9, 2014
                               ___________

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:

  Section 1. Paragraph (a) of subdivision 1 of section 70-a of the civil
rights  law,  as added by chapter 767 of the laws of 1992, is amended to
read as follows:
  (a) costs and attorney's fees [may] SHALL be recovered upon  a  demon-
stration,  INCLUDING AN ADJUDICATION PURSUANT TO SUBDIVISION (G) OF RULE
THIRTY-TWO HUNDRED ELEVEN OR SUBDIVISION (H) OF RULE THIRTY-TWO  HUNDRED
TWELVE  OF  THE  CIVIL PRACTICE LAW AND RULES, that the action involving
public petition and participation was commenced or continued  without  a
substantial  basis  in  fact  and  law  and  could not be supported by a
substantial argument for the  extension,  modification  or  reversal  of
existing law;
  S  2.  Subdivision 1 of section 76-a of the civil rights law, as added
by chapter 767 of the laws of 1992, is amended to read as follows:
  1. For purposes of this section:
  (a) An "action involving public petition  and  participation"  is  [an
action,]  A  claim[,  cross  claim  or  counterclaim for damages that is
brought by a public applicant or permittee, and is materially related to
any efforts of the defendant to report on, comment on,  rule  on,  chal-
lenge or oppose such application or permission] BASED UPON:
  (1)  ANY COMMUNICATION IN A PLACE OPEN TO THE PUBLIC OR A PUBLIC FORUM
IN CONNECTION WITH AN ISSUE OF PUBLIC CONCERN; OR
  (2) ANY OTHER LAWFUL CONDUCT IN FURTHERANCE OF  THE  EXERCISE  OF  THE
CONSTITUTIONAL  RIGHT  OF  FREE  SPEECH  IN  CONNECTION WITH AN ISSUE OF
PUBLIC CONCERN, OR IN FURTHERANCE OF THE EXERCISE OF THE  CONSTITUTIONAL
RIGHT OF PETITION.
  (b)  ["Public  applicant  or  permittee" shall mean any person who has
applied for or obtained a permit, zoning change, lease, license, certif-
icate or other entitlement for use or permission to act from any govern-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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