Assembly Bill A5292

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5292
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 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.
              

                                                            LBD07264-01-7

 A. 5292                             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 on the thirtieth day  after  it  shall
 have  become a law and shall apply to actions commenced on or after such
 date.