NY State Senate Bill S52A

Archive: Last Bill Status Via A5991 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 10, 2020	signed chap.250
Oct 30, 2020	delivered to governor
Jul 22, 2020	returned to assembly passed senate 3rd reading cal.757 substituted for s52a
Jul 22, 2020	substituted by a5991a
Jul 21, 2020	ordered to third reading cal.757
Jul 20, 2020	reported and committed to rules
Apr 17, 2020	print number 52a
Apr 17, 2020	amend (t) and recommit to codes
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S52 - Details

See Assembly Version of this Bill:: A5991
Law Section:: Civil Rights Law
Laws Affected:: Amd §§70-a & 76-a, Civ Rts L; amd R3211, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10594
2013-2014: S7280, A856
2015-2016: S1638, A258
2017-2018: S68, S2183, A1413, A5292

S52 - Summary

Requires awarding of costs and attorney fees in frivolous actions involving public petition and participation; expands application of actions involving public petition and participation.

S52 - Sponsor Memo

 
BILL NUMBER: S52

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the civil rights law, in relation to
actions involving public petition and participation

 
PURPOSE OF BILL:

The purpose of this bill is to extend the protection of New York's
current law regarding Strategic Lawsuits Against Public Participation
("SLAPP suits"). The amendment will protect citizens' from frivolous
litigation that is intended to silence their exercise of the rights of
free speech and petition about matters of public concern.

 
SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill would amend section 76-a of the Civil Rights Law
to define an "action involving public petition and participation" to
include a claim related to:

i. Any communication in a place open to the public or a public forum in

connection with an issue of public concern; or

ii. 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.

Section 2 of the bill would amend section 70-a of the Civil Rights Laws
to provide that costs and attorney's fees "shall be recovered upon a
demonstration that a SLAP? suit was commenced or continued without a
substantial basis in fact or law and could not be supported by a
substantial argument for the extension, modification, or reversal of
existing law."

 
JUSTIFICATION:

Section 76-a of the Civil Rights Law was originally enacted by the
Legislature to provide "the utmost protection for the free exercise or
speech, petition, and association rights, particularly where such rights
are exercised in a public forum with respect to issues of public
concern." L. 1992 Ch. 767. However, as drafted, and as narrowly inter-
preted by the courts, the application of Section 76-a has failed to
accomplish that objective. In practice, the current statute has been
strictly limited to cases initiated by persons or business entities that
are embroiled in controversies over a public application or permit,
usually in a real estate development situation. Meanwhile, many frivo-
lous lawsuits are filed each year that are calculated solely to silence
free speech and public participation, which do not specifically arise in
the context of the public "permit" process. By revising the definition
of an "action involving public petition and participation," this amend-
ment to Section 76-a will better advance the purposes that the Legisla-
ture originally identified in enacting New York's anti-SLAPP law.

Additionally, the principal remedy currently provided to victims of
SLAPP suits in New York is almost never actually imposed. The courts
have failed to use their discretionary power to award costs and attor-
ney's fees to a defendant found to have been victimized by a frivolous
lawsuit intended only to chill free speech. By an award of costs and
fees, the Legislature had originally intended to address "threat of
personal damages and litigation costs ... as a means of harassing,
intimidating, or punishing individuals, unincorporated associations,
not-for-profit corporations and others who have involved themselves in
public affairs." L. 1992 Ch. 767. This amendment to Section 70-A of the
Civil Rights Law makes clear that a court "shall" impose an award of
costs and fees, but only if the court finds that the case has been
initiated or pursued in bad faith.  Together, the two amendments will
protect citizens against the threat -- and financial reality -- of
abusive litigation, but will not discourage meritorious litigation.

 
LEGISLATIVE HISTORY:

S.0068 of 2017-2018 (Hoylman): Died in Codes
S.1638 of 2015-2016 (Espaillat): Died in Codes
A.258 of 2015-2016 (Weinstein); Passed Assembly
S.7280 of 2014 (Espaillat): Died in Rules

A.856 of 2013-2014 (Weinstein): Passed Assembly
A.10594 of 2012 (Weinstein): Died in Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

S52 - Bill Text download pdf


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

                                   52

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- 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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD04075-01-9

S. 52                               2

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" 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.

Co-Sponsors

S52A (ACTIVE) - Details

See Assembly Version of this Bill:: A5991
Law Section:: Civil Rights Law
Laws Affected:: Amd §§70-a & 76-a, Civ Rts L; amd R3211, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10594
2013-2014: S7280, A856
2015-2016: S1638, A258
2017-2018: S68, S2183, A1413, A5292

S52A (ACTIVE) - Summary

Requires awarding of costs and attorney fees in frivolous actions involving public petition and participation; expands application of actions involving public petition and participation.

S52A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S52a                REVISED 07/22/2020

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to actions involving
public petition and participation; and to amend the civil practice law
and rules, in relation to stay of proceedings

 
PURPOSE OF BILL:

The purpose of this bill is to extend the protection of New York's
current law regarding Strategic Lawsuits Against Public Participation
("SLAPP suits"). The amendment will protect citizens' exercise of the
rights of free speech and petition about matters of public interest.

 
SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill would amend section 70-a of the Civil Rights Laws
to provide that costs and attorney's fees "shall be recovered upon a
demonstration that a SLAPP suit was commenced or continued without a

substantial basis in fact or law and could not be supported by a
substantial argument for the extension, modification, or reversal of
existing law."

Section 2 of the bill would amend section 76-a of the Civil Rights Law
to define an "action involving public petition and participation" to
include a claim related to:

i. Any communication in a place open to the public or a public forum in
connection with an issue of public interest; or ii. Any other lawful
conduct in furtherance of the exercise of the constitutional right of
free speech in connection with an issue of public interest, or in furth-
erance of the exercise of the constitutional right of petition. The bill
also specifies that "public interest" should be broadly construed.

Section 3 of the bill contains a stay of discovery and pending hearings
or motions once a motion to dismiss a SLAPP action has been made pursu-
ant to CPLR 3211 (a)(7).

Section 4 specifies that the act shall take effect immediately.

 
JUSTIFICATION:

Section 76-a of the Civil Rights Law was originally enacted by the
Legislature to provide "the utmost protection for the free exercise or
speech, petition, and association rights, particularly where such rights
are exercised in a public forum with respect to issues of public
concern." L. 1992 Ch. 767. However, as drafted, and as narrowly inter-
preted by the courts, the application of Section 76-a has failed to
accomplish that objective. In practice, the current statute has been
strictly limited to cases initiated by persons or business entities that
are embroiled in controversies over a public application or permit,
usually in a real estate development situation. By revising the defi-
nition of an "action involving public petition and participation," this
amendment to Section 76-a will better advance the purposes that the
Legislature originally identified in enacting New York's anti-SLAPP law.
This is done by broadly widening the ambit of the law to include matters

of "public interest", which is to be broadly construed, e.g. anything
other than a "purely private matter".

Additionally, the principal remedy currently provided to victims of
SLAPP suits in New York is almost never actually imposed. The courts
have failed to use their discretionary power to award costs and attor-
ney's fees to a defendant found to have been victimized by actions
intended only to chill free speech. By an award of costs and fees, the
Legislature had originally intended to address "threat of personal
damages and litigation costs . . . as a means of harassing, intimidat-
ing, or punishing individuals, unincorporated associations, not-for-pro-
fit corporations and others who have involved themselves in public
affairs." L. 1992 Ch. 767. This amendment to Section 70-A of the Civil
Rights Law makes clear that a court "shall" impose an award of costs and
fees, but only if the court fords that the case has been initiated or
pursued in bad faith. Together, the two amendments will protect citizens
by encouraging only meritorious litigation.

 
LEGISLATIVE HISTORY:

2018:A.1413/S.68- A.Judi(ECS)/S.Codes
2018:Similar to:A.5292/S.2183- A.Cal/S.Codes
2017:Similar to:A.5292/S.2183- PA /S.Codes
2015-16: A.258/S.1638 -PA/S. Codes
2014: A.856/S.7280 - PA/S. Rules
2013: A.856 - PA
2012: A.10594 - A. Judi

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

S52A (ACTIVE) - Bill Text download pdf


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

                                  52--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the civil rights law, in relation to actions involving
  public petition and participation; and to amend the civil practice law
  and rules, in relation to stay of proceedings

  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04075-04-0

S. 52--A                            2

PUBLIC INTEREST, 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" 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.] (D) "PUBLIC INTEREST" SHALL BE CONSTRUED BROADLY, AND SHALL
MEAN ANY SUBJECT OTHER THAN A PURELY PRIVATE MATTER.
  § 3. Subdivision (g) of rule 3211 of the civil practice law and rules,
as added by chapter 767 of the laws of  1992,  is  amended  to  read  as
follows:
  (g)  [Standards]  STAY  OF  PROCEEDINGS  AND  STANDARDS for motions to
dismiss in certain cases involving public petition and participation. 1.
A motion to dismiss based on paragraph seven of subdivision (a) of  this
section,  in  which  the  moving party has demonstrated that the action,
claim, cross claim or counterclaim subject to the motion  is  an  action
involving  public petition and participation as defined in paragraph (a)
of subdivision one of section seventy-six-a of  the  civil  rights  law,
shall  be granted unless the party responding to the motion demonstrates
that the cause of action has a substantial basis in law or is  supported
by  a substantial argument for an extension, modification or reversal of
existing law. The court shall grant preference in the  hearing  of  such
motion.
  2. IN MAKING ITS DETERMINATION ON A MOTION TO DISMISS MADE PURSUANT TO
PARAGRAPH  ONE  OF THIS SUBDIVISION, THE COURT SHALL CONSIDER THE PLEAD-
INGS, AND SUPPORTING AND OPPOSING  AFFIDAVITS  STATING  THE  FACTS  UPON
WHICH THE ACTION OR DEFENSE IS BASED. NO DETERMINATION MADE BY THE COURT
ON  A MOTION TO DISMISS BROUGHT UNDER THIS SECTION, NOR THE FACT OF THAT
DETERMINATION, SHALL BE ADMISSIBLE IN EVIDENCE AT ANY LATER STAGE OF THE
CASE, OR IN ANY SUBSEQUENT ACTION, AND NO BURDEN OF PROOF OR  DEGREE  OF
PROOF  OTHERWISE  APPLICABLE  SHALL BE AFFECTED BY THAT DETERMINATION IN
ANY LATER STAGE OF THE CASE OR IN ANY SUBSEQUENT PROCEEDING.
  3. ALL DISCOVERY, PENDING HEARINGS, AND MOTIONS IN THE ACTION SHALL BE
STAYED UPON THE FILING OF A MOTION MADE PURSUANT TO  THIS  SECTION.  THE
STAY SHALL REMAIN IN EFFECT UNTIL NOTICE OF ENTRY OF THE ORDER RULING ON
THE  MOTION.  THE  COURT,  ON  NOTICED  MOTION AND UPON A SHOWING BY THE
NONMOVING PARTY, BY AFFIDAVIT OR DECLARATION UNDER  PENALTY  OF  PERJURY
THAT, FOR SPECIFIED REASONS, IT CANNOT PRESENT FACTS ESSENTIAL TO JUSTI-
FY  ITS  OPPOSITION,  MAY  ORDER  THAT  SPECIFIED DISCOVERY BE CONDUCTED
NOTWITHSTANDING THIS SUBDIVISION. SUCH DISCOVERY, IF GRANTED,  SHALL  BE
LIMITED TO THE ISSUES RAISED IN THE MOTION TO DISMISS.
  4.  FOR  PURPOSES  OF  THIS SECTION, "COMPLAINT" INCLUDES "CROSS-COMP-
LAINT" AND  "PETITION",  "PLAINTIFF"  INCLUDES  "CROSS-COMPLAINANT"  AND
"PETITIONER",  AND  "DEFENDANT" INCLUDES "CROSS-DEFENDANT" AND "RESPOND-
ENT."
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S52A

Sponsored By

Archive: Last Bill Status Via A5991 - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Bill Amendments

S52 - Details

S52 - Summary

S52 - Sponsor Memo

S52 - Bill Text download pdf

Co-Sponsors

S52A (ACTIVE) - Details

S52A (ACTIVE) - Summary

S52A (ACTIVE) - Sponsor Memo

S52A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S52A

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status Via A5991 - Signed by Governor

Your Voice

Actions

Votes

Jul 22, 2020 - floor Vote

Floor Vote: Jul 22, 2020

Jul 21, 2020 - Rules committee Vote

Rules Committee Vote: Jul 21, 2020

Bill Amendments

S52 - Details

S52 - Summary

S52 - Sponsor Memo

S52 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

John C. Liu

Gustavo Rivera

S52A (ACTIVE) - Details

S52A (ACTIVE) - Summary

S52A (ACTIVE) - Sponsor Memo

S52A (ACTIVE) - Bill Text download pdf

Comments