Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 04, 2016 |
print number 7118a |
May 04, 2016 |
amend and recommit to codes |
Mar 30, 2016 |
referred to codes |
Senate Bill S7118A
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Bill Amendments
2015-S7118 - Details
- See Assembly Version of this Bill:
- A10358
- Current Committee:
- Senate Codes
- Law Section:
- Civil Rights Law
- Laws Affected:
- Amd §§70-a & 76-a, Civ Rts L
- Versions Introduced in 2017-2018 Legislative Session:
-
S2965
2015-S7118 - Sponsor Memo
BILL NUMBER: S7118 TITLE OF BILL : An act to amend the civil rights law, in relation to actions involving public petition and participation PURPOSE : Amends the civil rights law and the civil practice law and rules to expand access to actions relating to public petitions and participation. Further, makes the award of attorney's fees mandatory in certain actions. SUMMARY OF PROVISIONS : Section one amends the civil rights law to clarify the awarding of costs and attorney's fees and under what circumstances those awards are justified. Section two amends the civil rights law to expand the definition of "an action involving public petition and participation." Section 3: Effective date. JUSTIFICATION :
2015-S7118 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7118 I N S E N A T E March 30, 2016 ___________ Introduced by Sen. GOLDEN -- 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. 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: 1. A defendant in an action involving public petition and partic- ipation, as defined in paragraph (a) of subdivision one of section seventy-six-a of this article, may maintain an action, claim, cross claim or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action; provided that: (a) costs and REASONABLE attorney's fees [may] SHALL be recovered upon a demonstration, 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] ANY REASONABLE basis in fact and law and could not be supported by [a substantial] AN argument for the extension, modification or reversal of existing law; (b) AN ACTION, CLAIM, CROSS CLAIM OR COUNTERCLAIM MADE PURSUANT TO THIS SUBDIVISION MAY BE FILED WITHIN SIXTY DAYS OF THE SERVICE OF THE COMPLAINT OR, IN THE COURT'S DISCRETION, AT ANY LATER TIME UPON TERMS IT DEEMS PROPER; (C) other compensatory damages may only be recovered upon an addi- tional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights; and [(c)] (D) punitive damages may only be recovered upon an additional demonstration that the action involving public petition and partic- ipation was commenced or continued for the sole purpose of harassing, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2015-S7118A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10358
- Current Committee:
- Senate Codes
- Law Section:
- Civil Rights Law
- Laws Affected:
- Amd §§70-a & 76-a, Civ Rts L
- Versions Introduced in 2017-2018 Legislative Session:
-
S2965
2015-S7118A (ACTIVE) - Sponsor Memo
BILL NUMBER: S7118A TITLE OF BILL : An act to amend the civil rights law, in relation to actions involving public petition and participation PURPOSE : Amends the civil rights law and the civil practice law and rules to expand access to actions relating to public petitions and participation. Further, makes the award of attorney's fees mandatory in certain actions. SUMMARY OF PROVISIONS : Section one amends the civil rights law to clarify the awarding of costs and attorney's fees and under what circumstances those awards are justified. Section two amends the civil rights law to expand the definition of "an action involving public petition and participation." Section 3: Effective date. JUSTIFICATION :
2015-S7118A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7118--A I N S E N A T E March 30, 2016 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. 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: 1. A defendant in an action involving public petition and partic- ipation, as defined in paragraph (a) of subdivision one of section seventy-six-a of this article, may maintain an action, claim, cross claim or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action; provided that: (a) costs and REASONABLE attorney's fees [may] SHALL be recovered upon a demonstration, 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; (b) AN ACTION, CLAIM, CROSS CLAIM OR COUNTERCLAIM MADE PURSUANT TO THIS SUBDIVISION MAY BE FILED WITHIN SIXTY DAYS OF THE SERVICE OF THE COMPLAINT OR, IN THE COURT'S DISCRETION, AT ANY LATER TIME UPON TERMS IT DEEMS PROPER; (C) other compensatory damages may only be recovered upon an addi- tional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights; and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14834-02-6
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