senate Bill S52A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A5991 - 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 (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

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

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.

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

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

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