Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to judiciary |
Jun 03, 2019 |
referred to judiciary |
Assembly Bill A8121
2019-2020 Legislative Session
Sponsored By
EPSTEIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
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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