Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
referred to rules |
Senate Bill S7924
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
2013-S7924 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Civil Rights Law
- Laws Affected:
- Amd §§70-a & 76-a, Civ Rts L; add §8303-b, CPLR
2013-S7924 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7924 TITLE OF BILL: An act to amend the civil rights law, in relation to actions involving public petition and participation and the civil practice law and rules, in relation to actions involving public petition or participation Purpose: Amends the civil rights law and the civil practice law and rules to expand access to actions relating to public petitions and participation. Further, makes the award of attorney's fees mandatory in certain actions. Summary of Provisions of the Bill: Section one amends the civil rights law to clarify the awarding of costs and attorney's fees and under what circumstances those awards are justified. Section two amends the civil rights law to expand the definition of "an action involving public petition and participation." Section three amends the civil practice law and rules to grant a
2013-S7924 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7924 I N S E N A T E June 20, 2014 ___________ Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the civil rights law, in relation to actions involving public petition and participation and the civil practice law and rules, in relation to actions involving public petition or partic- ipation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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: 1. A defendant in an action involving public petition and partic- ipation, as defined in paragraph (a) of subdivision one of section seventy-six-a of this article, may maintain an action, claim, cross claim or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action; provided that: (a) costs and REASONABLE attorney's fees [may] SHALL be recovered upon a demonstration, PURSUANT TO SECTION EIGHTY-THREE HUNDRED THREE-B OF THE CIVIL PRACTICE LAW AND RULES; OR MAY BE RECOVERED IF THE COURT FINDS that the action involving public petition and participation was commenced or continued BY A PLAINTIFF OR A COUNTERCLAIM, DEFENSE OR CROSS-CLAIM IS COMMENCED OR CONTINUED BY A DEFENDANT AND IS FOUND TO BE without [a substantial] ANY REASONABLE basis in fact and law and could not be supported by [a substantial] AN argument for the extension, modification or reversal of existing law; (B) AN AWARD OF COSTS OR FEES WILL NOT BE ASSESSED IN AN ACTION THAT WAS DISCONTINUED WITHIN TWENTY DAYS OF THE PARTY OR ATTORNEY RECEIVING ACTUAL NOTICE THAT THE CLAIM LACKED A REASONABLE BASIS IN FACT OR LAW, WHICH MAY HAVE OCCURRED PRIOR TO THE COMMENCEMENT OF THE ACTION. SUCH NOTICE SHALL BE PROVIDED TO THE PARTY OR ATTORNEY ON A FORM THAT SHALL BE PRODUCED AND MADE AVAILABLE BY THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION WITHIN NINETY DAYS OF THIS PARAGRAPH TAKING EFFECT. THE FORM SHALL BE IN PLAIN LANGUAGE AND SHALL BE NO MORE THAN ONE PAGE IN LENGTH; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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