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

                                   856

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  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;
  S 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.
                                                           LBD03691-01-3
              

A. 856                              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.]
  S 3. This act shall take effect immediately and shall apply to actions
commenced on or after such date.