S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2965
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 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 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.
              

                                                            LBD08117-01-7

 S. 2965                             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.
   §  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.]
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 actions, cross claims or counterclaims commenced on or after such date.