BILL NUMBER: S1789
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the civil rights law, in relation to strategic lawsuits
against public participation and to make technical corrections; and to
amend chapter 250 of the laws of 2020 amending the civil rights law
relating to actions involving public petition and participation, in
relation to the application thereof
 
PURPOSE:
To clarify that chapter 250 of the laws of 2020, enhancing anti-SLAPP
protections, applied to cases pending on the effective date of the law,
and to make other necessary changes to clarify anti-SLAPP procedures and
the substantial basis standard.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 clarifies the procedures for asserting a substantive
anti-SLAPP cause of action and clarifies the substantial basis standard.
Section 2 clarifies the definition of "public interest" and "substantial
basis."
Section 3 provides for the recovery of costs and attorney's fees on
motion upon adjudication that a SLAPP had no substantial basis in fact
or law and could not be supported by a substantial argument for the
extension, modification or reversal of existing law.
Section 4 provides technical changes to section 71 of the civil right
slaw.
Section 5 clarifies that chapter 250 of the laws of 2020 applied to
actions pending on the chapter's effective date.
Section 6 provides that the act takes effect immediately and applies to
actions and proceedings pending on or filed on or after November 10,
2020.
 
JUSTIFICATION:
This legislation intends to clarify that chapter 250 of the laws of
2020, which reformed New York's anti-SLAPP statutes, applied to actions
and proceedings pending on the chapter's effective date. While the
legislative history and intent of the sponsor was clear that Chapter 250
applied to pending actions and proceedings, the appellate division in
Gottwald v. Sebert held otherwise. This bill would remedy that incon-
sistent decision, which circumvented the legislative intent of Chapter
250. This bill also makes several other changes to clarify the substan-
tial basis standard and streamline various procedural aspects.
 
LEGISLATIVE HISTORY:
S.9239 of 2021-2022 (Hoylman): Died in Codes
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately and applies to actions and proceedings pending on or filed
on or after November 10, 2020.

Statutes affected:
S1789: 76-a civil rights law, 76-a(1) civil rights law, 71 civil rights law