S T A T E   O F   N E W   Y O R K
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                                  10358

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

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
  [(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.
              

                                                           LBD14834-03-6

A. 10358                            2

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.