S T A T E O F N E W Y O R K
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1413
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
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Introduced by M. of A. WEINSTEIN, SEAWRIGHT, ABINANTI, LUPARDO, OTIS,
BLAKE -- 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. 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;
§ 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.
LBD02678-01-7
A. 1413 2
(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" INCLUDES 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.]
§ 3. This act shall take effect immediately and shall apply to actions
commenced on or after such date.