assembly Bill A5991A

2019-2020 Legislative Session

Requires awarding of costs and attorney fees in frivolous action involving public petition and participation

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Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2020 returned to assembly
passed senate
3rd reading cal.757
substituted for s52a
Jul 21, 2020 referred to rules
delivered to senate
passed assembly
Apr 02, 2020 amended on third reading (t) 5991a
Jan 08, 2020 ordered to third reading cal.226
Jun 11, 2019 ordered to third reading rules cal.143
rules report cal.143
reported
Jun 04, 2019 reported referred to rules
May 30, 2019 reported referred to codes
Feb 26, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

A5991 - Details

See Senate Version of this Bill:
S52
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: A856, S7280
2015-2016: A258, S1638
2017-2018: A1413, A5292, S68, S2183

A5991 - 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.

A5991 - Bill Text download pdf


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

                                  5991

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2019
                               ___________

Introduced by M. of A. WEINSTEIN, SEAWRIGHT, ABINANTI, LUPARDO, SIMOTAS,
  TAYLOR -- 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.

Co-Sponsors

view additional co-sponsors

A5991A (ACTIVE) - Details

See Senate Version of this Bill:
S52
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: A856, S7280
2015-2016: A258, S1638
2017-2018: A1413, A5292, S68, S2183

A5991A (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.

A5991A (ACTIVE) - Bill Text download pdf


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

                                 5991--A
                                                        Cal. No. 226

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2019
                               ___________

Introduced by M. of A. WEINSTEIN, SEAWRIGHT, ABINANTI, LUPARDO, SIMOTAS,
  TAYLOR,  STECK -- read once and referred to the Committee on Judiciary
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing its place on the order of third reading

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
PUBLIC INTEREST, OR IN FURTHERANCE OF THE EXERCISE OF THE CONSTITUTIONAL