Senate Bill S1638

2015-2016 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 - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2015-S1638 (ACTIVE) - Details

See Assembly Version of this Bill:
A258
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd ยงยง70-a & 76-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10594
2013-2014: S7280, A856
2017-2018: S68, S2183, A1413, A5292
2019-2020: S52, S1458, A5991

2015-S1638 (ACTIVE) - 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.

2015-S1638 (ACTIVE) - Sponsor Memo

2015-S1638 (ACTIVE) - Bill Text download pdf

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

                                  1638

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00118-01-5
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.