Senate Bill S7118A

                            
                    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
              

S. 7118--A                          2

  [(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,
intimidating, punishing or otherwise  maliciously  inhibiting  the  free
exercise of speech, petition or association rights.
  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 INTEREST; 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-
ment body, or any person with an  interest,  connection  or  affiliation
with  such  person  that  is  materially  related to such application or
permission] "CLAIM" SHALL MEAN  ANY  LAWSUIT,  CAUSE  OF  ACTION,  CROSS
CLAIM,  COUNTERCLAIM,  OR  OTHER  JUDICIAL PLEADING OR FILING REQUESTING
RELIEF.
  (c) "Communication" shall mean any statement, claim, allegation  in  a
proceeding,  decision,  protest,  writing, argument, contention or other
expression.
  [(d) "Government body" shall mean any  municipality,  the  state,  any
other  political  subdivision or agency of such, the federal government,
any public benefit corporation,  or  any  public  authority,  board,  or
commission.]
  S  3.  This  act  shall  take  effect  immediately  and shall apply to
actions, cross claims or counterclaims commenced on or after such date.