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Assembly Bill A8121

2019-2020 Legislative Session

Relates to actions involving public petition and participation

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Archive: Last Bill Status - In Assembly Committee

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2019-A8121 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Amd §76-a, Civ Rts L

2019-A8121 (ACTIVE) - Summary

Expands the definition of an action involving public petition and participation, adds the public to the definition of public applicant or permittee and includes a definition of the public, and removes knowledge of falsity as an element to be proven by clear and convincing evidence.

2019-A8121 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8121
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 3, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee 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. Section 76-a of the civil rights law, as added  by  chapter
 767 of the laws of 1992, is amended to read as follows:
   §  76-a.  Actions  involving  public  petition and participation; when
 actual malice to be proven. 1. For purposes of this section:
   (a) An "action involving public  petition  and  participation"  is  an
 action,  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, challenge or
 oppose such application or permission].
   (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 THE PUBLIC, or any person with an interest, connection  or
 affiliation  with such person [that is materially related to such appli-
 cation or permission].
   (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.
   (E) "PUBLIC" SHALL MEAN THE NEWS MEDIA OR ANY OTHER INDIVIDUAL MATERI-
 AL TO THE CAUSE OF ACTION AT ISSUE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11390-01-9

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